AAO Processing Times November 1, 2012
AAO Processing Times as of November 1, 2012 |
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Time |
Case Type |
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I - 129 CW |
CNMI-Only Nonimmigrant Transitional Worker |
Current |
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I - 129 F |
AAO Processing Times as of November 1, 2012 |
|||
Time |
Case Type |
||
I - 129 CW |
CNMI-Only Nonimmigrant Transitional Worker |
Current |
|
I - 129 F |
Employers may choose to withdraw cases undergoing SR for many reasons, such as the employee terminating his employment, the employee obtaining a green card through other means (such as marriage), or the costs of the required recruitment. In determining any employer-wide consequences of withdrawal during the SR process, does DOL consider the explanation as to why the SR case is being withdrawn? How can an employer best provide an explanation why the SR case is being withdrawn?
DOL indicates that it does not monitor or track particular reasons for withdrawal. DOL does, however, pay attention to the rate of withdrawal both for individual employers and overall. The withdrawal rate has decreased, but at one point was more than 10%. Such a high rate of withdrawal caused DOL concern.
Several people have reported receiving two certifications of the same PERM application, with different validity dates. In most (but not all) of these cases, when the case was first approved, no hard copy ETA 9089 was received by the attorney in the mail. When the case was “recertified,” a hard copy 9089 was generated. Has DOL identified what caused these duplicate approvals? Has DOL also communicated this problem to USCIS, as this could impact processing of an I-140 petition that was filed with a request that USCIS contact DOL to obtain a “duplicate” certification?
DOL indicates that there has been at least one case where the I-140 was approved by USCIS despite issuance of a “duplicate” certification with different dates. In that case, the DOL and USCIS were advised of the duplicate certification issue prior to the I-140 being approved.
What is the preferred procedure for an N-400 applicant to elect to be naturalized through a federal court ceremony rather than a CIS administrative ceremony? A verbal request during the naturalization interview? A writing submitted at interview?
The preferred way is to advise the officer at the N-400 interview. This can be communicated to the CIS after the fact, but the preference and best way is to notify the officer at the time of the interview. In addition, if the applicant is requesting a name change, the oath ceremony/naturalization must be done by a federal court.
Has USCIS discussed the new Naturalization policy regarding the review of the underlying adjustment case? Should clients come prepared to discuss their marriages, for example?
Review of the underlying adjustment of status is not a new policy. Officers have always had the authority to look back at the underlying adjustment, at any time, and doing so is not a new process.
Will the USCIS Atlanta Office go back to swearing in applicants on the same day as the interview?
It is unlikely that the Atlanta District Office will resume swearing-in applicants on the same day as the N-400 interview, aside from customers who come from Alabama or at least four hours away, who CIS makes every effort to swear in the same day due to the distance traveled for the interview.
I am trying to obtain an R-visa, and I read that a copy of a religious worker’s certificate of ordination must be included with a petition for an R-visa. The religious denomination that I belong to does not require any special theological education. What can my prospective employer include with my petition to satisfy this requirement?
If the denomination does not require a prescribed theological education, provide the religious denomination’s requirements for ordination to minister, a list of duties performed by virtue of ordination, the denomination’s levels of ordination, if any, and evidence of the religious worker’s completion of the denomination’s requirements for ordination.
An employer applied for an H-1B for me two years ago under the quota and it was approved, but then I was unable to come to the U.S. to start the job. Can another employer apply for an H-1 for me now, or will I be subject to the quota again?
You should not be subject to the quota, because you were granted an H-1B approval before.
Can I use ELIS (Electronic Immigration System) to file an extension of status for my H-4 dependents?
Please refer to the following for classifications that are eligible to use ELIS: http://www.uscis.gov/uscis-elis
According to DOL updates as of 11/5/2012, they are working on PERM
Applicants often have difficulty getting a response from the various email help desks (sr.processing@dol.gov, plc.atlanta@dol.gov, etc.) beyond a boilerplate acknowledgement of the inquiry. This lack of substantive response can be particularly challenging when an employer is trying to create a new PERM filing account, or if the employer’s contact is locked out of their online PERM account. Has DOL provided any details on how e-mail inquiries are handled by each of the help desks? Does DOL have required service response times? Would it be possible for a dedicated e-mail to be created to follow-up on specific matters, such as PERM account registration problems? As an example, USCIS has a dedicated follow-up e-mail for service requests, but this e-mail can only be used after a service request is made, and after a set period of time goes by without a response.
DOL indicates that it has completed its project to address “straggler” cases and has returned staff to normal job duties. This may help to improve timeliness of responses from DOL on these kinds of issues.
Recently, DOL has begun to issue audits with the following language: “The foreign worker listed on the ETA 9089 resides in [residence location], section H of the 9089 provides [work location] as the worksite. Has DOL explained how the foreign worker performs the job duties of the job opportunity given the distance between [residence location] and [work location].Is the employee permitted and/or expected to perform the duties of the job opportunity listed on ETA 9089 from his residence and/or his place of choosing?” In many cases, the two locations are quite close and are clearly within a normal commuting distance (e.g. Atlanta and Marietta,
Georgia – distance approximately 20 miles; Palisades Park and Parsippany, New Jersey – distance approximately 30 miles). In one case, the work and residence locations were less than two miles apart. Has DOL considered conducting an initial review of the distance between the residence location and work location before issuing the audit?
DOL indicates that this kind of question on an audit where the work location and residence location are close together is likely a training issue. DOL does, however, believe that it is appropriate to inquire about this kind of issue where it is unclear why the residential address and the work address are far apart from one another, and does issue audits on that basis where appropriate.
Applicants have reported frequent rejections of alternate wage surveys that have been submitted to the prevailing wage unit in support of the ETA 9141. Several of these rejections have not been due to a specific deficiency of the survey or because the survey was not a match to the position, but because not all leveling information was submitted, or because the submitted survey data was incomplete. Rather than rejecting the survey due to missing survey information, could the National Prevailing Wage Center (NPWC) instead issue a request for the missing information, so that employers are able to correct the problem, rather than have to submit a new wage request and wait two months for a decision?
DOL indicates that it does issue a Request for Information when possible, but relies on employers and attorneys to provide complete information regarding alternate wage surveys to allow the wage determination to be based upon that survey.
Rather than requiring that the full survey methodology be submitted with every prevailing wage request, can DOL recognize that certain surveys (i.e., Towers Watson, Radford, CHIPS One) employ a statistically valid methodology, and only require documentation that supports the specific wage request, such as the wage, level, location, and job description for the requested job opportunity?
DOL indicates that methodology can change within a survey among different occupations, so it is necessary for DOL to receive full survey methodology with each prevailing wage request, even for a commonly used alternate wage survey.
Expanded e-Request Services
USCIS has expanded the services offered by our e-Request system. This Web-based tool allows customers to inquire about applications and petitions submitted to USCIS. On November 19, customers will see the following enhancements to e-Request:
Eligible nationals of Haiti (and persons without nationality who last habitually resided in Haiti) who currently have Temporary Protected Status (TPS) must re-register for TPS by November 30, 2012. Failure to re-register by this deadline may result in the loss of your TPS status. If you re-register after November 30 2012, you must provide good reason you could not re-register on time such as hardship due to Hurricane Sandy.
In carrying out its responsibility for the processing of labor certification and labor attestation applications, the Office of Foreign Labor Certification (OFLC) generates program data that is essential both for internal assessment of program effectiveness and for providing the Department's external stakeholders with useful information about the immigration programs administered by OFLC. In line with the Department's commitment to the Open Government initiative and specific regulatory disclosure requirements, this page includes program information organized in three main categories: 1.
Question 1. I have done MS from US and worked on H-1 for 5 years. Started GC process, I-140 approved with Priority date May 2011. Came to India for H-1 stamping and it was denied twice. If I apply for my H-1 and if I don't get H-1, then can my employer continue processing my GC through Consular Processing when I am in India. Also is there any law stating that my employer can not keep the I-140 when my H-1 has been expired & if it so then for how long can my employer keep my I-140 active?
Question 2. If my employer revoke my I-140 & if I come to US on any other visa, then Can I process my GC and port the PD ?
Answer 1. As long as the job offer exists and the employer is capable of paying the wages, the green card process can go on, even though you are not in USA. You should discuss this matter in detail with your lawyers to better understand the implications. Also, I-140's do not expire.
Answer 2. PD can be ported even if the 140 is revoked by employer. I have a video on this issue
Sister is US citizen and applied for me in 1989. But I have not got any information yet. My brother again applied for me in 2009. Is there any opportunity for me to get visa earlier as applied previously?
Continue through your sister. That seems to be the best option. Brother's application can stay pending. It need not be withdrawn.
I may be travelling US on H-1B next year with my spouse on H-4. Is there any possibility to find a job in US for my husband through H-1B sponsor by some consultants and how much risk is involved in this?
As long as there is quota remaining on the H-1B, the law permits change of status from H-4 to H-1. And, if the H-1 is denied, that does not affect the existing H-4. So, no legal risk that I can see.
My son is in our country Philippines studying in college & his Reentry permit will expire on March 17,2013. We are planning to return him on December during their Christmas vacation & also to re-apply or renew his reentry permit that month. My question is: Would it be allowed to submit re- entry application that month & how long would it take because he needs to go back to Philippines on the 1st week of Jan'13. Is it allowed to renew permit in the Philippines or you need to go back to US to renew?
The permit can only be renewed in USA. He has to be in US for two things: first to file the application; and second, a few weeks later, appear for biometrics. USCIS may expedite biometrics. Check into that.
I will have a J-1 visa when I come to the US, can my spouse on J-2 start a sole proprietorship as consultant? Would he have to get the EAD first? He will work for the same company as he works for now, only as a consultant.
Under the law (8CFR 21A.2(j)(1) (v) (A)), a J-2 holder may use the earnings to support the J-1 visa holder. The earnings must be used for the “Family's customary recreational and cultural activities and those related travel.”
I am a Canadian citizen and recently started working in USA with a TN visa. I am planning to get married soon but wife is not from Canada, she is from Bangladesh, Can I apply for a TD visa for wife and how long is the process? Is it possible to bring wife with me after marriage? Also, Is it also possible to sponsor wife to become permanent resident of Canada while I am on TN status visa?
She has to get a TD visa through a US consulate (either Bangladesh or Canada is ok). It should be a relatively short process -- from same-day to a few weeks, depending upon what the consulate needs. We do not practice Canadian law, so I do not know what you can do on the Canadian side, but US immigration laws have no problem with you applying for her Canadian immigration while on TN/TD.
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