Response from my lawyer

What does this mean to you and your case?

You cannot file for your green card until the Visa Bulletin shows your category and priority date are current. Hopefully, the October Visa Bulletin will release several category/numbers and you will be able to file at that time. If not, you will need to continue waiting (just as you have had to in the past) until your priority date becomes current. You will also still need to maintain your current USCIS status.

What if I was going to file an I-140 with my green card application?

We can still go ahead and file the I-140 application for you at this time. However, the USCIS has restricted the Premium Processing of such applications until August 2, 2007. If we file it at this time, it will be as normal processing.

What about the documents I have already sent to your office?

We will keep them in your file and have everything ready to file as soon as your priority date becomes current. Your medical examination (if already sent to us) is valid for 18 months, so a new one will not be needed.

What about the filing fees?

Unfortunately, the USCIS filing fees will increase on July 30, 2007, thus when we are ready to file your green card application in October 2007, the fees will be higher. If you sent us personal checks, we can void them and return them to you and you can send new ones as the time gets closer. If you sent us money orders or cashier checks, we can return those to you also (you would have to take them to the place you obtained them to receive a refund). Or if you prefer, since most money orders and cashier’s checks are valid for one year, we can hold the filing fees and you can send us the difference in the amounts owed when we are ready to file in October 2007.

What about the USCIS documents (drafts and/or finals)?

We can go ahead and proceed with everything as we have been (without being rushed) and be prepared to file in October 2007. If you have already been sent final documents for signatures, we will need to send new ones to you at a later date before we can file your application in October 2007 (so they will have a current sign date). If you have sent us drafts, we will wait until it gets closer to the time of filing before we mail you finals for signatures.

What about the attorney fees already paid?

If you have already paid the attorney fee, you will not need to pay an additional one when we get ready to file in October 2007. If you have not paid the attorney fee, you will still need to do so before we will proceed with your green card application, either now or in the future.