(http://www.millermayer.com/):

Miller Mayer law firm’s immigration practice group brings you this brief update on two important government announcements. This news, regarding delayed issuance of filing receipts for green card applications and new green card quotas for October, is of particular importance to our many clients who filed applications this summer for adjustment to permanent resident status. 

USCIS Application and Receipting Update

Not surprisingly, CIS is far behind on issuance of filing receipts for green card applications received since end of June 2007.  The legendary volume of filings and a shortage of paper used to print I-797 notices caused this delay.  Our office is just starting to receive TSC green card filing receipts from early July 2007.  NSC green card filing receipts have been erratic, with some receipts for later-filed cases received and no receipts for early July-filed cases received.  Accordingly, CIS’s below estimates of processing progress should be viewed as ballpark estimates. 

This week, U.S. Citizenship and Immigration Services (USCIS) issued a press release advising that delay in fee processing and data entry will not affect an applicant's Change of Status or Extension of Stay eligibility if all other eligibility requirements are met. USCIS will honor the actual date an application was received in their mailroom; this date will be indicated on the receipt (in the Received Date box) when Form I-797, Notice of Action, is mailed.

You can view the USCIS notice at:
 http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCRD

Visa Bulletin for October 2007

The Department of State Visa Bulletin for October 2007 was released on September 12, 2007.   Priority dates announced therein will affect adjudication of now pending adjustment applications that were not among the 40,000-odd pending cases earmarked for approval by CIS at the end of June 2007.  These priority dates also affect new concurrent filings and adjustment of status applications.  An auger of things to come in FY 08, the October Visa Bulletin shows that self–filed EB-1 green card petitions may resume concurrent filings for all nationalities and for self-filed EB-2 applications for all but Indian and China.  For India and China nationals in self-filed or employer-filed categories, quota delays exist from 18 months to 6.5 years.  For any nationality, EB-3 bachelor’s degree cases are looking at a 5-year quota delay prior to attaining permanent resident status.  The new bulletin shows that for Employment-Based visas:

•  EB-1 visas are current for all countries;
•  EB-2 visas are current for all countries other than China and India;
•  EB-3 visas are backlogged 5 years worldwide and 6 years for India and China;
• EB-4 and EB-5 visas are current for all countries; and
•   Third preference Other Worker visas are now available, but not current, for all nationals with a priority date of October 1, 2001 or prior.

For a complete listing of priority dates and visa availability go to:

http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html

For answers to any of your immigration questions, contact:

Hilary Fraser (mailto:htf@millermayer.com)
Carolyn Lee (mailto:csl@millermayer.com)
Rosie Mayer (mailto:rm@millermayer.com)
Nicolai Hinrichsen (mail to: nh@millermayer.com), or
Steve Yale-Loehr (mailto:syl@millermayer.com).

For general information, visit our web site at http://www.millermayer.com/

The usual required legal disclaimers (we ARE attorneys, after all): Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. The information in this newsletter is for general purposes only, and is not intended as legal advice for any particular situation. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

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