Success in responding to a denial of an I-130, Petition for Alien Relative, that was denied due to USCIS error

We assisted our client, a U.S. citizen, in filing an I-130, Petition for Alien Relative, for his wife. Approximately 8 months after filing the petition we received notice that the case had been transferred to another USCIS service center. Three months later we received a denial notice giving the reason for denial as no record of a response to a Request for Evidence (RFE). The denial notice stated that the RFE was issued on a date that was a few weeks prior to the notice of the case transfer.

Status
The passport photos requested in the RFE were provided and we requested the adjudication be expedited due to clear USCIS error. The petition was approved as was an I-485 subsequent petition for the beneficiary.

Agency

Green Card

Immigration Law

Citizenship and Naturalization

Rajiv's Comments in the News - US to process more employment green cards this fiscal year

Published by: The Economic Times: February 21, 2022

Quotes and Excerpts from Rajiv in the article:

“This would be tremendously beneficial to people who have been waiting for many, many years. We are hoping a lot of people can get their green cards under the EB2 category if they move fast,” said Rajiv S Khanna, Managing Attorney at Immigration.com.

For more on this news please see the attachment.

USCIS Urges Eligible Applicants to Switch Employment-Based Categories

Release Date 

U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (October 2021 through September 2022).

Feb 17, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Immigration.com

Discussion Topics, February 17,  2022

FAQ's: Left while Extension pending. B-1/B-2 visa inspection at the airport by the CBP and repercussions || Interfiling || Interfiling and AC21 Portability || Interfiling, Returning to Old Employer

Visa Bulletin For March 2022

Number 63
Volume X
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during March for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Agency

Green Card

Immigration Law

Success in filing an L-1A “new office” petition

We successfully assisted the client company, an online retail business, in filing an L-1A “new office” petition to enable the beneficiary to join the U.S. subsidiary temporarily as Chief Executive Officer to lead the development and formulation of the U.S. Entity’s short and long-term strategy. While in the U.S.

Agency

Success in filing an E-2 visa extension

We successfully assisted a new client in filing an E-2 visa extension. The applicant was a national of a treaty country and was the 100% shareholder of the U.S. enterprise. Through extensive documentation, including contracts, invoices, financial statements, and detailed explanations of the evidence, we were able to show that the U.S.

Nonimmigrant Visas

Success in responding to a Request for Evidence after filing an E-3 Petition

We assisted in responding to an RFE questioning the employer’s educational requirements for an E-3 (Specialty Occupation Workers from Australia) Petition filed for a software developer position. USCIS sought clarification as to how the position could be a specialty occupation where the employer required a minimum of a bachelor’s degree in business, information systems, computer science or equivalent with related experience.

Nonimmigrant Visas

Agency

Immigration Law

PERM Processing Times (as of 1/31/2022)

The dates reflect the month and year in which applications were filed (request date) or submission date of the appeal request for Redeterminations or Center Director Review. The Office of Foreign Labor Certification (OFLC) encourages employers to request a prevailing wage determination for the H-2B program at least 60 days before the date the determination is needed. For various reasons, OFLC may be completing the processing of applications filed prior to the month posted.