AESV -- Noticias (cambios del INS)

De: "GOMEZ,FERNANDO (HP-Cupertino,ex1)" <fernando.gomez@h...>
Fecha: Vie Sep 20, 2002 1:05 pm
Asunto: [aesv] Importante: el INS permite tramitar de manera concurrente los I-140 e I-485

Executive Summary:

Desde el 31 de Julio de 2002 el INS permite tramitar de manera simultánea la
solicitud de greencard (I-140) y de cambio de estatus (I-485).

Saludos,

Fernando.

http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/158fa6853663091185256c0700745914?OpenDocument

07/31/2002 - INS Allows Concurrent I-140/485 Filing

July 31, 2002 - The Immigration and Naturalization Service (INS) today
published an interim rule that will permit the concurrent filing of a Form
I-140, Immigrant Petition for Alien Worker, and Form I-485, Application to
Register Permanent Residence or Adjust Status, whenever an immigrant visa is
immediately available. The current regulations provide that a foreign
national who wants to apply for permanent residence by filing an I-485
cannot do so until he or she obtains approval of the underlying I-140
petition. A major benefit of the interim rule is that it will allow for the
filing of applications for work authorization permits and advance parole
while the concurrent filings are being adjudicated. The rule is effective
immediately.

Applicability of the Interim Rule. The rule applies to the first three
employment-based preference categories: (1) Priority Workers; (2) Advanced
Degree Professionals and Exceptional Ability Aliens; and (3) Professionals,
Skilled Workers, and Other Workers. Generally, the new rule will allow Forms
I-140 and I-485 to be filed concurrently when an immigrant visa number is
immediately available. An immigrant visa is considered available when the
preference category for which an applicant has a priority date is earlier
than the date listed in the Department of State's Visa Bulletin. At the
present time, all numbers are current and there are no waiting lists for
work-based classifications, so all cases filed under the first three
employment-based categories should be eligible for concurrent filing.

Effect on Already-Filed I-140s. The rule will apply to all cases filed
before, on or after today, July 31, 2002. Therefore, with an I-797 Notice of
Action establishing the receipt and acceptance of an I-140 petition, a
beneficiary may, at the same Service Center, file an I-485 application to
adjust status with fee and supporting documentation. In the future, in cases
where visa numbers for given classifications retrogress, I-140s and I-485s
will not be able to be concurrently filed. However, the I-485 could be filed
while the I-140 is pending if a visa number later becomes available. Again,
the I-797 receipt notice would have to be filed with the I-485 package.

Availability of Advance Parole and Employment Authorization. The new rule
will allow INS to issue an Employment Authorization Document (EAD) and
advance parole authorization while the I-140 petition is pending, if filed
along with the I-485. At the present time, foreign nationals must wait until
the I-140s are approved and I-485s are filed before obtaining these
benefits.