USCIS

As a result of the State Department updating its July 2007 Visa Bulletin on July 2, 2007, declaring all Employment-based preference categories to be unavailable, the USCIS has now announced that it "is rejecting applications to adjust status (Form I-485) filed by aliens whose priority dates are not current under the revised July Visa Bulletin."  The USCIS Press Release is as follows:

The USCIS has announced that after completing a policy review that it was clarifying that “Aliens who are eligible for the 7th year extension may be granted an extension of stay regardless of whether they are currently in the United States or abroad and regardless of whether they currently hold H-1B status.”  The 7th year H-1B extension is available for individuals with Labor Certification (PERM, traditional, or RIR) applications or I-40 petitions pending for more than one year, and for individuals who have approved I-140 petitions, under the terms of AC21.  The new policy was announced in a USCIS Interoffice Memorandum from Michael Aytes, Associate Director, Domestic Operations, to all Regional Directors and Service Center Directors, dated December 5, 2006. 

On October 20, 2006, the USCIS issued a notice regarding certain I-485, adjustment of status, applications filed under the Cuban Adjustment Act. Specifically, the USCIS advised that the National Benefits Center transferred certain Cuban Adjustment Act Applications received on or after October 1, 2006, which do not require an interview, to the Texas Service Center. The USCIS stressed: "This internal transfer of work does not alter, in any way, the existing process for filing a CAA application with USCIS. Customers will continue receiving a receipt notice for their case with a receipt number bearing an “MSC” prefix."

On October 23, 2006, the USCIS clarified how it would be handling the “returning worker” exemption to the H-2B numerical limitation which was extended for Fiscal Year 2007 by H.R. 5122, section 1074. President Bush signed that legislation on Oct. 17, 2006. The USCIS noted that the one year exemption will remain in effect until September 30, 2007.

Advance Parole is permission to re-enter the United States after traveling abroad in order to continue processing for adjustment of status or other benefits.  This section discusses various issues regarding Advance Parole.

The USCIS issued a Press Release, on October 4, 2006, reminding Applicants for Adjustment of Status, and other benefits, to obtain ADVANCE PAROLE Before Holiday Travel Abroad.