What Happens to I-140s Filed Concurrently with I-485s in July 2007? Posted Jul 06, 2007 ©MurthyDotCom USCIS Headquarters informed the American Immigration Lawyers Association (AILA), on July 2, 2007, that, if a person concurrently filed the I-140 with the I-485 in July 2007, the USCIS mailroom will only retain the I-140 petition for processing and will reject the I-485 package. However, this separation can take place only if the filing fees for the I-140 and the I-485 were submitted as separate checks. If there was only one check for the entire filing, then the entire package will be rejected. For this reason, we at the Murthy Law Firm always require our clients to issue separate checks for each form to avoid rejection of the entire package, whenever possible. Even in the I-485 package, we recommend including separate checks for the I-485, the I-765, and the I-131 to avoid a problem with one form affecting the entire filing. ©MurthyDotCom There are many who are still trying to figure out what to do about the fact that the U.S. Department of State (DOS) raised their hopes and then both the DOS and the USCIS dashed those hopes by announcing the "unavailability" of visa numbers and rejection of I-485s in July 2007. There is much concern over whether the unavailability of visa numbers by the USCIS issuing approvals is valid or illegal, since there are many irregularities in the procedures that were followed. Our firm has become aware of older I-485s (filed well before June / July 2007) that were approved in error in June and at the very beginning of July, when there were no visa numbers available for those applicants in either month! Another problem likely to be mentioned in the lawsuit is that the USCIS counted, or allocated, a visa number for those I-485s that were pending security checks for several months, or years, without issuing the I-485 approvals! This also violates the law and regulations, as visa numbers are not supposed to be "reserved" for cases. They are to be assigned with a case approval.
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