NSC Updates – 05/19/09
I-131 and I-765
With the exception of the I-765s for OPT for which there is a few weeks lag time all other I-131s and I-765s are being worked by the NSC as soon as they arrive at the center.
Screening of cases
I-131 and I-765
With the exception of the I-765s for OPT for which there is a few weeks lag time all other I-131s and I-765s are being worked by the NSC as soon as they arrive at the center.
Screening of cases
DOL persuades users to use the new iCERT
The old LCA system will be extended by DOL starting from May 14, 2009 to June 30, 2009. Hence DOL urges users to use the new iCERT during the transition period and to send a feedback on bugs by email.
Some of the new features implemented by DOL with the launch of the new system
NSC has reported that they are trying to pre-adjudicate cases so when the priority dates become current, an approval notice is sent immediately.
I am on H1B. If applied for GC through Family Based 4 category (brother/sister) can I apply for extension of my stay after my 6 yrs H1 period once the I-130 approved? Or this extension request is applicable only on Employment Based processing after Labor clearance?
You cannot. This extension is available only to employment-based applicants.
I-140 backlog
USCIS has recently updated the number of petitions they have pending. The backlog for I-140 was 40,000 in October and now it is down to 10, 000.
I-485
USCIS has indicated that the EB-485 team at the NSC center is pre-adjudicating cases and will be ready to approve cases as soon as the priority date becomes current.
Filing an appeal
USCIS states that as of May 22, 2009 it has received approximately 45,700 H-1B cap-subject cases. So, the cap is still not reached. Also, USCIS has received approximately 20,000 petitions qualifying for the advanced degree cap exemption. USCIS will continue to accept both cap-subject petitions and advanced degree petitions.
My previous employer didn't pay me for 7 continuous months in 2006, Current employer is going to file I-140 and I-485 based on my EB2 PERM. I have all W2 and Pay stubs except that period. will that going to affect my GC application ? Please let me know what are the possible consequences of that. I didn't know about that 180 days rule.
Pursuant to section 245k of INA, an employment-based applicant and their family can file for an AOS (I-485) if they have been out of status or have worked without authorization for less than 180 days. The protection period is counted since the date of your most recent entry into USA. So if before filing I-485, you leave USA and reenter, you should have no issues. There are other ways to fix this also, but this is the most direct.
See attached USCIS Neufield Memo of 14 July 2008.
My sister's F4 application was approved 1997 and she is due to go for her interview any day. My question is - I was recently made aware that although at the time the application was made and approved her 2 kids were under 21, but now 12yrs later they are both over 21. What is the next step to take. I was told she has to petion them onece she is in US and the priority date will be from 1997. Is that true? How does that work?
Ans. Please check the link for Child Status Protection Act (CSPA).
Contact the consulate for their assessment.
I filed I-130 for my parents in April 09 which is still pending. They have 5 years multiple visa and they been here 4-5 times already. Is it ok for them to visit for a month again while their I-130 is still in pending status?
The answer is it is unlikely, but not impossible, that they will be permitted entry if CBP finds out about the I-130. If it were my own parents, I would probably not take the chance.
I filed I-130 for my mother at beginning of April. Now I want to file I-485 as part of the concurrent filing. Can I just file I-485 and attach a copy of I-130 notice? Please advise what I should do. Thank you
I think you can and there should not be any problem. As to where to file, call USCIS customer service. 1 (800) 375-5283.
Divorced from my husband and need to file for removal of conditions (status: permanent resident), i.e. to apply for a waiver of the requirement to file a joint petition due to termination of marriage. How do I proceed? What documents do I need to file for removal of conditions based on the situation I am in.
You will need the waiver as you have said. Read the instructions on Form I-751. What you will be required to prove is that the marriage, when entered into, was in good faith and not to get a green card.
The CIS Ombudsman upcoming teleconference titled "USCIS Change of Address: How Is It Working For You?" scheduled for May 26, 2009, 2-3 p.m. EDT.
<span style="font-size:9.0pt;font-family:"Arial","sans-serif";
CIS Ombudsman released a recommendation on "Improving the Filing and Review Process for Motions to Reopen or Reconsider."
1. I have been on H-4 for almost 3 yrs now, and starting my MS in Spring 09 (on H4 status itself). But now I want to change to F-1 for personal reasons. I have the following doubts. request your clarification:
If I want to get my F-1 stamped from India, do I need to submit I-539 form also to the ISO of my school ?
2. How long should I be on F-1 before when I will be eligible to apply for OPT and work using the same?
3. If I want to start working as a grad assistant from Fall 09 semester, do I have enough time to apply for a change of Status through USCIS, CA ? Will I get an approved F-1 by then ?
1. No. An I-539 is used if you want to change status within USA.
2. You need to check with your school about CPT. The requirements for OPT as I recall are two full semesters on F-1.
3. No one can predict that. Sorry.
My wife and I have returned to the the US to continue our day to day activities. In India we got our Visa's with little hassle and had no problem running through immigration. I would like to thank you and your staff for their effort in deducing a way to get my family back to the US.
I received my 2nd finger printing notice which is suggestive my wife's GC and I485 application is unaffected.
Thanks.
Folks at the Law offices of Rajiv S. Khanna are thorough professionals. My application was for H1B and was handled by Sirisha Durgam. These guys have been very responsive and know what they are talking about. I would highly recommend their services.
Thanks to Mr.Khanna for the nice service provided to me.
I completed the entire immigration process in 17 months. Record time. Many thanks to Mr. Khanna, Vijay, Shivane and Leila.
The service your office provided was exemplary, I got feed back on everything immediately and my GC processing went very smoothly. Thank you very much.
I had applied for an EAD for a L2 Visa. Although I entered the information correctly, USCIS rejected the application stating that I applied under a wrong category. I called them multiple times to explain this and there was no proper response. Some even suggested me to reapply and start all over again. I sent a mail to Rajiv and he suggested contacting the local Congressman's office. I explained these details to a member of my local congressman's office and she was able to contact USCIS and get the EAD approved.
Some questions from the community:
No. An I-539 is used if you want to change status within USA.
We won an EB1 Outstanding Researcher/Professor case for an applicant holding an M.B.B.S. This applicant had over eight years of teaching and research experience in addition to his experience practicing as an Internal Medicine physician. He was world-renowned for his exceptional contributions to his field of medicine. We offered 17 exceptional recommendation letters from experts around the world who acknowledged the high level of achievement of this individual.
For information on "Who May Apply to Change to a New Nonimmigrant Status," click here
Excellent Professional Job by every one right from Labor Stage to the GC approval.
My Special Thanks to Leila, Shivane and Suman for their Patience when ever I called.
Rajiv is Lucky to have a Staff like them