July 2007 VISA BULLETIN CURRENT AGAIN

In a startling reversal of its earlier announcement, the State Department, in its August 2007 Visa Bulletin,announcedthat “Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for the purpose of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.”

Insofar as the August numbers are concerned, the Bulletin indicates:
“Employment-based preference categories are ‘Unavailable’ for August. At this time, it is uncertain whether anynumbers will be returned and can be reallocated at a future date. Until informed otherwise, allreaders should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.”

In a subsequent announcement, the USCIS stated that it will accept I-485 applications from those who are current according to Visa Bulletin #107. The USCIS will provide applicants with a full month to file their applications. In other words, if one was current in July, he/she has until August 17,2007 to file. For those who have already filed their applications in July, it appears as ifthe USCIS will process theirapplications as well. Also, applicants filing by August 17, 2007 will not be subject to the new fee schedule that will become effective on July 30, 2007.

The August Visa Bulletin is available at:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html

The USCIS annoucement is available at:
http://www.aila.org/content/default.aspx?docid=22912

Representative Zoe Lofgren (D-San Jose) issued the following statement in response to Secretary of Homeland Security Michael Chertoff’s planned announcement on adjustment of status applications.

The Secretary of Homeland Security in a phone call today informed me that a solution to the Visa bulletin fiasco has been found. The Department of State will issue an August Visa Bulletin that permits the filing of adjustment of status applications through August 17, 2007, at the current fee level, which will be accepted through that date by the Department of Homeland Security. I’m pleased that a reasonable solution has been reached. I will continue to monitor the situation to ensure that both the Departments of State and Homeland Security follow through properly with this plan.

485 USCIS Update