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A beneficiary obtained an RFE given that she underwent only seven semesters for her bachelor's degree, one semester short of the four years typically required. Our office was able to succeed with the RFE and her EB-2 I-140 petition was granted within four days time.
In recent months Service has issued I-140 RFEs requesting Petitioner to demonstrate ability to pay all immigrant and non-immigrant petitions in specified windows of time. For one client, this entailed analysis of approximately 150 petitions including H-1s (new, transfers, and extensions), L-1s, and I-140s. With detailed explanations of each petition, our firm was able to obtain I-140 approval within one week.
In a case dating back to 2001, Petitioner eventually moved his office to a location greater than 50 miles from the address of the original office listed on the Form ETA-750. In 2008, USCIS issued an RFE requesting Petitioner to submit evidence showing that the new location is still within the same metropolitan statistical area (SMSA) as the original location. While Government Data and distance may suggest the two locations are not within the same SMSA, we created a new and original argument enabling the Petitioner to obtain I-140 approval.
Indian-born client had I-140 Approved and I-485 filed through first Labor Certification case under EB3 with a 2003 Priority Date. He also filed an I-140 under EB2 with a Priority Date of 2006. Rajiv advised to file I-485 through 2nd Labor Certification, requesting Service to permit inheritance of the 2003 Priority Date to have a current I-485 case. Based upon the 2nd I-485 being filed and the EB2 category request, the client obtained his Permanent Residency 1.5 months after filing the 2nd I-485.
Indian-born client had I-140 approved under Category EB2 with Priority Date of 2003 and a pending I-485 case affected by retrogression. The client married a foreign spouse while I-485 was pending. The new spouse was born in Canada, a country not affected by retrogression in the client's category. We filed the I-485 for the new spouse and a request for cross-chargeability for the main applicant. The client's I-485 was approved 3 months after request for I-485 cross-chargeability and the spouse was approved 5 months after the I-485 filing.
We received I-485 RFE's for multiple pending clients where the sponsoring employer is located in State A and the applicant is living in State B. In such cases, USCIS requests justification for the discrepancy in locations. Citing to various section of pertinent legal code in our RFE responses, many I-485 applications have been approved within 60 days of RFE response submission.
On the date of my first interview in the city of Hartford, I felt i got my feet back on the ground since i been waiting for so long for the past of half year. The whole first interview took around 40 minutes and DID NOT pass, because the Adjudications Officers claims my application missed 3 pieces of evidences that I suppose to bring them with me.
1. The past 2 years tax reports, including the State and Federal tax reports.
2. The IRS document I-1722, which states my pervious tax filing status.
An I-140 petition, or Immigrant Petition for Alien Worker, is filed to petition an alien worker to become a permanent resident in the United States. The employer must file an I-140 Petition on your behalf within 180 days from the date your Labor Certification is approved by the U. S. Department of Labor. An I-140 Petition may be filed without a Labor Certification where the beneficiary qualifies under EB-1 classification.
Litigation may not be a good remedy in adjustment of status delay or I-140 delay cases or other matters where USCIS is permitted to exercise discretion. For an assessment of your case, please feel free to consult us. However, generally an immigration applicant may be able to seek judicial remedy to expedite his or her long pending application/petition with the USCIS by way of filing a Writ of Mandamus.
Number 83
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during November 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.
Discussion Topics:
USCIS recently updated the following form(s):
Form I-907, Request for Premium Processing Service
11/03/2022 09:50 AM EDT
Release Date
USCIS is providing additional guidance on the interpretation of changes to the EB-5 program in the Immigration and Nationality Act (INA) made by the EB-5 Reform and Integrity Act of 2022 (RIA), specifically the required investment timeframe and how USCIS treats investors who are associated with a terminated regional center.
U.S. Citizenship and Immigration Services (USCIS) is issuing new instructions for asylum applications submitted by individuals whose removal proceedings were dismissed or terminated by the Executive Office for Immigration Review (EOIR).
Release Date
U.S. Citizenship and Immigration Services has launched a new Enterprise Change of Address (E-COA) self-service tool to allow customers with pending applications, petitions, or requests to update their address with USCIS more easily. E-COA will significantly improve the speed and efficiency of the process for USCIS customers to update their address with USCIS.
Processing Queue | Priority Date |
---|---|
Analyst Review | September 2022 |
Audit Review | July 2022 |
Reconsideration Request to the CO | August 2022 |
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
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Release Date
USCIS seeks to update regulations with proposed rulemaking to improve program efficiency and integrity
There are very few instances when you want to take time out to appreciate the good work done.
This is one such instance wherein the law office of Mr Khanna was amazingly helpful in applying a change of status to H4.
We had no time to apply for this switch & I am grateful to Mr Khanna & his team, especially Anna Baker & Francesca Barna. They were very helpful & amazingly fast. This was a time sensitive issue & their help was really worth appreciating.
Very courteous & dependable !
I am delighted with their service. I am hopeful & confident that they would continue to provide great service.
Thank you !