ANNOUNCEMENT

Clarification of the Court Order in the EB2 Class Action

June 15, 2000 - In response to numerous inquiries submitted by individuals and their attorneys, Berry, Appleman & Leiden and Van Der Hout and Brigagliano have been working with the INS to clarify our understanding of various aspects of the court order in the EB2 Class Action, Chintakuntla v. INS, Case No. C99-5211MMC, N.D. Cal. May 4, 2000 [please click here for the May 4 posting on this issue].  We are pleased to announce that the Service concurs with our understanding of the following points:

1.  Class members with current priority dates are entitled to file adjustment of status applications (I-485) pursuant to paragraph 8 of the court order notwithstanding the fact that the I-140 is pending, and are also entitled to file, either concurrently or subsequently, applications for employment authorization (I-765) pursuant to paragraph 10 of the court order. All such applications must be properly labeled as directed in paragraph 10 of the court order. 

2.  Under paragraph 9 of the court order (regarding age-outs), adjudication of both I-140's and I-485's will be expedited by the Service upon advance written notice to the INS for a class member with a child who would become 21 years old.  Such notice must be provided at least 120 days in advance of the child's 21st birthday.

3.  For cases submitted to the Service under paragraph 12, where the individual's EB2 petition has been denied and the individual had to leave the United States as a result of the expiration of his/her nonimmigrant status, the INS will not require I-824's to be filed in order to change the designation on the I-140 petition from adjustment of status to consular notification.

IMPORTANT NOTICE:  INS has requested that applications for adjustment of status (AOS, or I-485) and employment authorization (EAD or I-765) filed pursuant to paragraphs 8 and 10 of the court order be reported separately to INS through Berry, Appleman & Leiden, so that headquarters will be able to track and ensure timely adjudication of the EAD's.  If you have filed such applications, please download the new form available on the BAL website at www.USABAL.com , complete it, and fax the form to (503)213-8872.  Berry, Appleman & Leiden will compile the information and submit it to INS for monitoring and follow-up.  If an EAD has not been issued by INS prior to the expiration of the class member's previous work authorization (e.g., H-1B status), attorneys should report this immediately to Berry, Appleman & Leiden for follow up with INS.  Notification may be emailed to eb2litigation@USABAL.com, or faxed to (503)213-8872.  Please include the applicant's name and I-765 receipt number.