The following is not legal advice. Please talk to a qualified immigration lawyer about the specifics of your situation.
AILA is seeking clarification of certain issues related to the government’s resolution of the visa bulletin mess. Questions such as what filing fee should be included for an I-140 that is filed concurrently with an I-485, where the applicant’s priority date was current in July and filed in August.
Remember, the USCIS filing fees will increase on July 30, 2007, but the agency is accepting the present fees for I-485 applications from those whose priority dates are current in July through August 17, 2007. The CIS is in the habit of rejecting files with incorrect filing fees (whether too high or too low). Given the thousands of applications that they are now forced to deal with, it is possible that a rejected application may not be returned until after August 17, 2007, which would leave the potential applicant waiting until the priority date becomes current again.
The lesson? Include the correct filing fee with your application.