USCIS Provides Favorable Guidance for I-485 EB Filing Issues
Posted Jul 23, 2007
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On July 23, 2007, the USCIS issued favorable responses to many I-485-related  issues posed by the Murthy Law Firm and other members of the American Immigration Lawyers Association. These problems were created by the recent debacle caused by the USCIS refusing to accept employment-based (EB) I-485s on July 2, 2007, and then fortunately overturning their decision on July 17, 2007, due to pressure from various quarters. Based on the responses, the USCIS appears keen to reinstate its credibility. Highlights of the USCIS response, which will affect many Murthy Law Firm clients and other EB I-485 applicants, are below.
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1. The USCIS will honor the current lower EAD and AP filing fees for all
I-485s filed with the USCIS from July 30th through August 17th, 2007. This means that all EADs and APs filed during July 2007 and reaching USCIS no later than August 17, 2007 will enjoy the lower filing fees.
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2. I-485s will be processed even if there are no medical reports included with the I-485 filing and the USCIS will only issue an RFE later, when processing the case.
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3. A person can file the I-485 adjustment application on a recent previously-filed I-140 petition, if s/he follows certain procedures; like placing a bright colored cover sheet, noting the date of filing, FedEx tracking number, the employer and employee name, and other details, as required by the USCIS. This then will be considered a concurrent filing.
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USCIS responses to many other issues can be found here (PDF). We will be also provide a more detailed article for MurthyDotCom and MurthyBulletin readers in the near future.