Immigration Reform- AOS at time of filing of i140

E

engineer2006

New Member
Is their any provision for AOS at time of filing of i140. If one can get EAS and AP at after I-140 is approved even if thet category is retrogressed..that will be great relief. I think this provision is in Senate Bill but wanted to ask..

thanks,
 
to your query, this is what i could find....http://shusterman.com/cir-mgr.html
check it.
this is the excerpt from the immigration reform bill which i think has been passed

HOPE IT HELPS

3) LIMITATION.--An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.

``(4) FILING IN CASES OF UNAVAILABLE VISA NUMBERS.--Subject to the limitation described in paragraph (3), if a supplemental petition fee is paid for a petition under subparagraph (E) or (F) of section 204(a)(1), an application under paragraph (1) on behalf of an alien that is a beneficiary of the petition (including a spouse or child who is accompanying or following to join the beneficiary) may be filed without regard to the requirement under paragraph (1)(D).

``(5) PENDING APPLICATIONS.--Subject to the limitation described in paragraph (3), if a petition under subparagraph (E) or (F) of section 204(a)(1) is pending or approved as of the date of enactment of this paragraph, on payment of the supplemental petition fee under that section, the alien that is the beneficiary of the petition may submit an application for adjustment of status under this subsection without regard to the requirement under paragraph (1)(D).

AND


SEC. 527. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.

(a) Adjustment of Status.--

(1) IN GENERAL.--Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:

``(a) Eligibility.--

``(1) IN GENERAL.--The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) may be adjusted by the Secretary of Homeland Security or the Attorney General, in the discretion of the Secretary or the Attorney General under such regulations as the Secretary or Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--

``(A) the alien makes an application for such adjustment;

``(B) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and

``(C) an immigrant visa is immediately available to the alien at the time the application is filed.

``(2) SUPPLEMENTAL FEE.--An application under paragraph (1) that is based on a petition approved or approvable under subparagraph (E) or (F) of section 204(a)(1) may be filed without regard to the limitation set forth in paragraph (1)(C) if a supplemental fee of $500 is paid by the principal alien at the time the application is filed. A supplemental fee may not be required for any dependent alien accompanying or following to join the principal alien.

``(3) VISA AVAILABILITY.--An application for adjustment filed under this paragraph may not be approved until such time as an immigrant visa become available.''.
 
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