USCIS Could Reject 485s in July Even When Numbers Current

According to the American Immigration Lawyers Association (AILA), USCIS could reject adjustment filings in July, even when all employment-based categories except EW are “current” according to the July Visa Bulletin. Sources in USCIS told AILA that there are approximately 40,000 visas for all employment-based categories, other than EW, for FY2007, and that USCIS has much more than that number of adjustment applications ready for approval in its backlog queue alone.   Also, the State Department will be granting visas to applicants abroad. Thus, it is possible that limits will be reached within a short period in July. The exact date has not been predicted.

AILA cautions that USCIS has not finalized any rejection policy for I-485s in which allocation is exhausted in a month in which the current Visa Bulletin shows visa availability. However, since USCIS already rejected Other Worker applications in June, it may again reject employment-based adjustment applications mid-month, even though the Visa Bulletin shows visa availability. 

In addition, AILA warns that the medical exam results must be filed with the adjustment applications to be properly filed and receipted in.