Immigration News Flash (AR-11/Concurrent Filing)

[Heller Immigration Law Group, LLP]

**** NEWS FLASH ****

 

Concurrent I-485 Filing

 

This is to advise you of a new interim rule (INS No. 2104-00) affecting 8 CFR Parts 204, 245 and 299.  As of July 31, 2002, this interim rule amends the INSÂ’ regulations by allowing both forms I-140 and I-485 to be filed concurrently when an employment-based visa is immediately available, thereby improving the efficiency of the process as well as customer service.

 

The rule also allows aliens with pending I-140 petitions to now file I-485 applications with the I-140 receipt.  It is applicable to aliens who are classifiable under sections 203(b)(1), (2), and (3) or EB1, 2, or 3.

 

Upon filing the I-485, the alien worker can apply for Employment and Travel Authorization.

 

If you are a client, individual or employer/petitioner, and have a specific question about a pending I-140 (EB1-3) petition, please do not hesitate to contact us.

 

Also:

 

Change of Address

 

As part of heightened security measures, INS will now actively enforce Section 265 of the Immigration and Nationality Act/or 8 U.S.C. 1305, which requires that every foreign person in the United States must notify INS within 10 days of any address change.  The penalty for failure to report a change in address is arrest and deportation, and possibly even criminal prosecution.

 

You must report an Address Change, using Form AR-11, if:

 

1. You are a resident (visa or green card holder) and

2. You are 14 years of age or older (parents must report children under 18 years of age) and

3. You have moved or your address has changed from the address on file at the INS.

 

If you have not filed an address change, you should do so.  It is better to file a late address change than not to file one at all. Make sure to keep a copy and proof of sending the notification (via certified US Postal Service mail) to INS for your personal records.

 

To report a change of address, please visit our website: http://www.greencard1.com (resources section).  Our website has a link to the INS website where you can find Form AR-11.  Form AR-11 provides instructions on how to fill it out and where to file it.  You can also visit the INS website directly at: http://www.ins.gov/graphics/formsfee/forms/ar-11.htm

 

As stated, if you wish to discuss any of the above, please contact us at 415/291-8000 and one of our attorneys will be happy to speak with you.  Please notify us if you have a pending I-140 case with our office.

 

 

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