移民局关于递交I-140与I-485的最新问答（续）
刘宗坤律师按：本所刚刚收到美国移民局新的一组关于递交I-140和I-485申请的问答，
因时间紧急且内容平易，本所暂无翻译与分析,只将原文张贴如下，以供读者参考:
Q21: Will USCIS permit applicants who filed adjustment applications between
July 2, 2007 – July 17, 2007, but who have not yet received a USCIS
generated receipt notice, to file for Advance Parole and Employment
Authorization based on proof of delivery of the I-485 application?
A21. Yes.
**************************
Q22: What will be the receipt date for employment-based adjustment
applications filed between July 2, 2007 – July 17, 2007?
A22: In accordance with standard procedure, USCIS will generate receipt
notices for all properly filed employment-based adjustment applications
based on the date the applications were physically received by USCIS.
**************************
Q23: Will USCIS accept medical examinations completed abroad by physicians
authorized by the Department of State?
A23. Yes. Please note, however, that applicants must be physically present
in the United States when filing for adjustment of status.
***************************
Q24: Will an e-filed I-140 petition (that is not based on a required labor
certification) filed on July 31, 2007 receive a priority date of July 31,
2007 if the supporting documents arrive at a later date?
A24. Yes, in accordance with e-filing standard procedures, the date on which
the I-140 petition is received by USCIS will be the priority date.
Supporting documentation must be filed within allotted time limitations.
**************************
Q25: Does a receipt notice from a courier service or overnight mailing
service constitute a “post-mark”?
A25. Yes, the date the item is entered into the courier’s service system
will be the postmark date for fee determination purposes.
**************************
Q26: How will USCIS treat aliens who fell out of valid nonimmigrant status
between July 2, 2007 – July 16, 2007 as a direct result of the inability to
file for employment-based adjustment during that period?
A26. USCIS has discretion to consider extraordinary circumstances that are
beyond the alien’s control and may forgive a short gap in status for such
aliens.
*************************
Q27: If an alien’s pre-August 1, 2007 priority date based on an approved
labor certification and approved I-140 petition is transferred to a
subsequently filed I-140 petition pursuant to 8 CFR 204.5(e), may the later
filed I-140 petition be concurrently filed with an I-485 application between
August 1, 2007 and August 17, 2007?
A.27. Yes. In accordance with 8 CFR 204.5(e), an approved I-140 petition on
behalf of an alien accords the alien the priority date of the approved I-140
petition for any subsequently filed I-140 petitions on the alien’s behalf.
Therefore, as long as the alien’s initial priority date remains current
under Visa Bulletin No. 107, a subsequently filed I-140 and an adjustment
application may be filed until August 17, 2007.
*************************
Q28: If an alien has a pre-August 1, 2007 priority date based on an approved
labor certification and a pending I-140 petition, may the alien be accorded
the earlier priority date on a subsequently filed I-140 petition such that
the later I-140 and adjustment application may be filed between August 1,
2007 and August 17, 2007?
A.28. No. In accordance with 8 CFR 204.5(e), only an approved I-140 petition
on behalf of an alien accords the alien the priority date of the approved I
-140 petition for any subsequently filed I-140 petitions on the alien’s
behalf. A priority date may only be retained for use in conjunction with a
subsequently filed Form I-140 petition if the previous petition was approved
and not revoked. If the first petition remains pending, then the filing
date of the labor certification submitted in support of the petition may not
be used as a basis for a request to retain the priority date.
*************************
Q29: The version date on the new I-485 form is 7/30/07 and it has an "N"
designation after it, meaning that the I-485 applications arriving at the
service center on or after July 30, 2007 must use the new I-485 form or it
will be rejected at the mailroom. Is this really true?
A29. No, the “N” designation on the new version was inadvertently uploaded
to the USCIS website and has since been removed. The new and corrected I-
485 application form that will be uploaded will have the “Y” designation
which means that prior version of the form will not be rejected.
*************************
Q30: What is the USCIS’ interpretation of “proper signature” on a
petition or application?
A30. All applications, petitions, and notices of legal representation must
be properly signed. For more information, please read Reminder Regarding
Signature Requirements.
*************************
Q.31: If a derivative family member of a principal applicant is not able to
file adjustment of status before August 17, 2007, must the derivative family
member await availability of a visa number before submitting an application
for adjustment of status?
A.31. A visa number must be available at the time of filing for adjustment
of status. Thus, if a principle applicant with a current priority date under
Visa Bulletin No. 107 files for adjustment of status between July 17, 2007
– August 17, 2007, any derivative family members must either also file
during this time period, or wait until immigrant visa numbers become
available at a later date pursuant to the Visa Bulletin.
***************************
Q. 32: What is the correct filing fee for a concurrently filed I-140 with an
adjustment application filed between July 30, 2007 and August 17, 2007?
A32. The new fee applies to Forms I-140, whether or not concurrently filed
with an employment-based adjustment application, filed on or after July 30,
2007. That fee is $475. USCIS encourages applicants to file all petitions
and applications with only the correct filing fees.
******************************
刘宗坤律师（Z. Zac Liu, Esq.），法学博士（J.D.,Valparaiso University School
of Law）、哲学博士(Ph.D., Peking University)，伊利诺伊州最高法院及联邦法院执
照，曾担任Valparaiso University Law Review的编辑和审稿人， 著有中英文书籍多
种，散见于中美各大学图书馆。执业以来，他已代理无数名来自世界各地的科研人员和
专业人士成功获得绿卡及各类非移民签证，尤其在国家利益豁免（NIW）、特殊人才（
Eb-1A）、杰出教授和研究员（EB-1B）、PERM 劳工证、H-1B工作签证等方面积累了丰
富的经验。读者若有移民法律问题，可将简历发往zliu@niwus.com。刘律师会在两个工
作日内对您的问题做出免费答复或评估。
白凯玲律师 (Kellie Pai,Esq.)，法学博士(J.D.，University of Houston Law
Center)、文学学士(B.A., University of Texas at Austin),德克萨斯州最高法院执
照，刘宗坤联合律师事务所专业移民律师。
Liu & Associates, PLLC
Wells Fargo Tower, 8th Floor
6161 Savoy Drive, Suite 830
Houston, Texas 77036
Tel： (800) 878-1807
(713) 974-3893
Fax: (866) 608-2766
Email: zliu@niwus.com
Website: www.niwus.com
|
