PERM Processing Times Updated

The Analyst Review and Audit dates posted on iCERT above reflect the month and year in which cases were filed that are now being adjudicated at the Atlanta National Processing Center. *The Reconsideration Request to the CO dates posted on iCERT above reflect the month and year in which cases that are now being reviewed at the Atlanta National Processing Center were appealed. 

Recording of Free Community Conference Call (Every Other Thursday), 7 April 2016

Immigration.com

Nonimmigrant Visas

Substantial transcription for video

Topics for Discussion, Thursday, 7 April 2016:
FAQ: Gaps in immigration status; Getting married when AOS I-485 is pending (following to join and other options); Name variation in diploma or degree, name change for immigration 
Other: STEM OPT extension; H-1 approval quota exemption without visa stamping or working; I-94 for visitors B-1/B-2 visa; H-1 quota issues in converting from H-1 to H-4 then back to H-1; OPT sent incorrect/wrong fees; OPT if out of status; Revocation of I-140 and AC21 for a slightly different job (to Systems Analyst, from Software Developer); Unlawful presence consequences; Recouping time on OPT EAD lost because of USCIS processing delay; Travel while second RFE on I-485 is pending; I-751 delay; USCIS delays; Options upon receiving NOIR on I-140; EB-3 and H-1 from nonprofit to for-profit company – H-1 quota and EB-2 issues; Impact of I-140 withdrawal/revocation on H-4 EAD; etc.

USCIS Reaches FY 2017 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.

USCIS will use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.

Does H-4 EAD have to be applied again if H-1 changes jobs?

Question details

I am currently on H-1B(Valid till Sep 2018) with approved I-140 for Company A and spouse has H-4 EAD (valid till Sep 2018). My question is, if I switch my job to a company B. Can my spouse continue working with the current H-4 EAD (which is valid till sep 2018)?Will it cause any issue during next H-4/EAD extension?

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Travel while H-1 COS is pending

Question details

My Spouse is on H-4 and has a Valid H-4 stamped till Jan 16 2017. I am planning to apply H-1 for my Spouse through an Employer this year. Is it advisable to travel to India while her H-1B is in Process? What will be the implications if she travels to India?

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

H-1 entering USA when visa is about to expire

Question details

My amendment has been filed by my company in Aug15 but not approved yet. Now I want to travel to India in month of April & get back in same month . after coming back H1B extension will be filed by company.
My question is can they create any problem on my return since my visa is about to expire in June 2016 & amendment is not approved yet.

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

USCIS Administrative Appeals Office Launches Search Tool for Non-Precedent Decisions

The Administrative Appeals Office (AAO) of U.S. Citizenship and Immigration Services (USCIS) has launched a search tool for most non-precedent decisions since 2005.

Non-precedent decisions apply existing law and policy to the facts of an individual case. The decisions are binding on the parties to the case, but do not apply new or alternative interpretations of law or policy.

USCIS Updates Answers for Civics Test

Are you preparing for the naturalization test?

As you study for the U.S. history and government (civics) test, make sure that you know the most current answers to these questions.  Periodically, answers change to reflect the results of federal and state elections and appointments or to clarify content and ensure consistency in terminology. The revised answers to the questions below are effective immediately.

Question

Update

USCIS Casework Transfers to Balance Workloads and Decrease Processing Times

Workload Transfer from the Vermont Service Center to the Nebraska Service Center

USCIS recently began transferring certain casework from the Vermont Service Center (VSC) to the Nebraska Service Center (NSC) to balance workloads and decrease processing times.

The NSC will now process some:

Form I-129, Petition for a Nonimmigrant Worker, for petitioners requesting H-1B nonimmigrant classification;