AAO Processing Times (July - September 2021)

Timeliness of Fiscal Year 2021 Fourth Quarter Completions (July - September 2021)
Form Type Case Type Completed 0-180 Days Quarterly Completions
Cumulative total of all completions   47.50% 1,061
I-129CW Petition for CNMI Nonimmigrant Transitional Worker 100% 3
I-129E2 CNMI Treaty Investor 100% 5
I-129F Petition for Fiancée

Agency

Immigration Law

Successful lawsuit for H-1B extension of stay

We filed an H-1B extension petition for a software consulting and professional services firm on behalf of a software architect requesting status and work authorization for a duration of three years. The extension was, however, approved for a duration much shorter than requested and the approval notice was both dated and received after the shorter validity period had already expired, thereby destroying the legal status of the employee and causing him to accrue unlawful presence.

Immigration.com

Successful lawsuit regarding a delayed H-1B approval notice

We filed an H-1B petition for a company that provides IT related services, on behalf of the beneficiary, a  software developer. An RFE was subsequently issued, responded to and then denied as failing to prove that petitioner established that sufficient speciality occupation work was available and that the position qualified as a specialty occupation. We filed an appeal with the Administrative Appeals Office, the appeal was sustained and the petition was remanded back for issuance of an approval notice.

Immigration Law

Immigration.com

Successful response to a Form I-485 RFE for misrepresentation

We responded to a Form I-485 Request for Evidence to prove that approximately a decade ago the permanent residency applicant had, in fact, attended two U.S. universities as he had claimed in previously approved petitions. Both universities had been certified by ICE under its Student and Exchange Visitor Program (SEVP) during the applicant’s attendance.

Nonimmigrant Visas

Agency

Green Card

Immigration Law

Immigration.com

Successful lawsuit for H-1B extension of stay

We filed an H-1B extension petition for a small software company that offers customer software and technology solutions to the local clientele. USCIS approved the classification portion of the petition, but denied the portion of the petition requesting an extension of stay. USCIS stated that beneficiary had failed to maintain his nonimmigrant status because his H-1B status had expired prior to the filing of the H-1B extension petition and he was only  in an authorized period of stay because of a pending extension request from the previous employer.

Immigration.com

Sept 30, 2021, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics, Thursday, September 30, 2021:

FAQ: Obtaining student or visitor's visa while a green card is pending || Continuing to use H-1B when I return on Advance Parole || Nuances of changing employers during the green card process || Green card holder working on multiple jobs - Is it legal? || How long can green card holders stay outside the U.S.? || Effect of a career change on naturalization process and timing.

Most CW-1 Employers Must File Required Semiannual Report (Form I-129CWR)

USCIS reminds employers of Commonwealth of the Northern Mariana Islands (CNMI) Transitional Workers (CW-1) that, if you have a currently-approved CW-1 petition with a validity period of six months or more, you must file Form I-129CWR, Semiannual Report for CW-1 Employers, with USCIS every six months after the petition validity start date. Employers use this report to certify the continued employment and payment of each worker under the terms and conditions of the approved petition.

Rajiv's Comments in the News - Immigration reforms that would've helped Indians in America blocked by Senate Parliamentarian

Published by: The Economic Times - Date: September 20, 2021

Synopsis 

Lawyers said that this development would make it difficult for the reforms to be passed as part of this bill. Rajiv S Khanna, Managing Partner at immigration.com said that this barrier would be very difficult to overcome.

For more on this news please see the attachment below.