New Versions of Certain Forms from Oct 1, 2003
Posted Sep 05, 2003

Forms used in the immigration process are modified periodically. There is usually a grace period during which both the new and the old forms can be used. However, as of a publicized date, only the most recent forms are accepted. All others are then rejected. Effective October 1, 2003, the new versions of eight immigration forms listed below will need to be used.

Forms Effected

As of October 1, 2003, the Bureau of Citizenship and Immigration Services (BCIS) will require that the most recent version of each of the following forms be used: the I-140 (Immigration Petition for Alien Worker); I-824 (Application for Action on Approved Application or Petition); I-129S (Nonimmigrant Petition Based on Blanket L Petition); N-470 (Application to Preserve Residence for Naturalization Purposes); I-102 (Application for Replacement / Initial Nonimmigrant Arrival / Departure Record (I-94)); I-526 (Immigrant Petition by Alien Entrepreneur); I-829 (Petition by Entrepreneur to Remove Conditions); and N-336 (Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336 of the Act). Questions as to which version of a form is most recent can be resolved by reviewing the BCIS forms and fees page online. The revision dates are printed on the bottom right of the forms.

Consequences of Using Outdated Versions of Forms

Cases received by the BCIS on or after October 1, 2003 must use only the most recent versions of the listed forms. After October 1, 2003, any earlier versions of these forms will be deemed obsolete. The BCIS will reject these outdated applications and petitions. This means that the old forms can be used for cases that will reach the BCIS on or before September 30, 2003. If an application or petition is rejected, the petitioner or applicant must make a new filing using the newer form, and the receipt date will reflect the later filing rather than the original filing date. At best, this will delay the case. In some time-sensitive situations, the delayed filing can have serious consequences. For example, an I-140 filing to satisfy the 365-day requirement for obtaining an H1B 7^th-year extension could result in the person's having to leave the U.S. and remain abroad for one year instead of being able to file the extension if the rejection of the file results in her/his completion of the six years on H1B status in the U.S. and, thus, ineligibility for the extension. It is, therefore, very important that applicants and petitioners pay careful attention to the date on the version of the form being used.

Why did BCIS Change these Forms?

The new forms are not the result of the creation of the BCIS. All government forms only remain valid for a set period of time, and the government is then required to review the forms, revise the forms, if needed, and issue the new versions of the forms. Changes can also occur as the result of changes in the law, technology, and/or procedures. Before issuing the new version of a form, the BCIS asks for comments from the general public so that those who have used the forms will have the opportunity to note anything that is confusing or outdated. The grace period for the transition to the new versions of the forms listed above has ranged from a little more than four months to nearly six months.

Destroy Earlier Versions of Forms to Avoid Confusion

Hard copies of any outdated, blank forms should be destroyed to avoid any accidental use. Those persons or employers who rely on immigration forms software must ensure that they have installed the latest versions. This can save valuable time and avoid problems with status and the possible accrual of unlawful presence.