PERM Processing Times (as of 08/31/2018)
PERM Processing Times (as of 08/31/2018)
PERM Processing Times (as of 08/31/2018)
As of September 4, 2018, USCIS transferred some of the following cases from the Vermont Service Center to the Potomac Service Center and the Nebraska Service Center:
On Sep. 10, USCIS changed the filing location for Form I-751, Petition to Remove Conditions on Residence. This form was previously filed at the California and Vermont service centers. Now, petitioners must send Form I-751 to a USCIS Lockbox facility. However, the California, Nebraska, Vermont, and Texas service centers will be the adjudicating offices.
Number 22
Volume X
Sept 13 Conference Call, Topics of Discussion
Travelling outside the US when H1 is pending, but already have a valid H1 and stamping, SEP-11-2018 USCIS PREMIUM STOPPAGE / NO MORE RFE'S ON OR AFTER SEP-11-2018
On Sept. 6, 2018, the CIS Ombudsman (CISOMB)1 held a stakeholder teleconference to discuss the USCIS “Issuance of Certain RFEs and NOIDs” policy memorandum (PM) that was issued on July 13, 2018. USCIS representatives provided an overview of the memorandum and addressed many questions submitted in advance by the CISOMB. The updated policy went into effect on September 11, 2018. Below is the link of the summary of the PM and the advance questions and answers from the teleconference.
Effective immediately, USCIS will begin accepting copies of negative consultation letters directly from labor unions relating to a current or future O nonimmigrant visa petition request.
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today announced the agency will celebrate Constitution Day and Citizenship Day, observed on Sept. 17, with over 260 naturalization ceremonies across the country from Sept. 14 to 23 as part of this year’s celebration of Constitution Week.
USCIS is sending text and email messages between Sept. 17 and Sept. 20, 2018, about filing Form I-90, Application to Replace Permanent Resident Card online. If you are a lawful permanent resident and your Green Card has expired or is about to expire, or if you need to replace it for another reason, you may file Form I-90 online.
We won a case for a Ph.D. in Accounting under the Outstanding Researcher and Professor Category. This individual had over nine years of teaching and research experience. He held a position as an Assistant Professor at a prestigious academic institution. He was noted for innovative and pioneering work in his field as well as significant contributions to accounting principles. This applicant was awarded for outstanding teaching each year from his students and fellow professors.
This applicant provided a 5-year contract for services in a medically underserved area, a copy of his J-1 residency requirement waiver, letters from the Health and Human Services office in his area requesting his services, documentation to reflect the statistics of the health professional shortage in his employment area as well as copies of his license to practice medicine.
We won a case following a Request for Evidence for a scientist considered extraordinary in his field. This Ph.D. was an internationally renowned scientist who is acclaimed and respected in the international research community for his expertise in the area of corneal innate immunity and microbial keratitis. His unique specialty set him apart from others in the field. He was invited to review for a high impact scientific journal. He also had an extensive publication list as well as presentations world-wide for his innovative and pioneering work.
We won a case for a physician who provided a contract for services for 5 years in a medically underserved area. This applicant also submitted copies of his degree, medical license, medical degree equivalency evaluation, USMLE Step 1, 2 and 3, status paperwork, letter from potential employer stating need, documentation of statistical data on medically underserved area and a letter from Bureau of Health Care Services.
We won a case for an Alien of Extraordinary Ability who qualified in numerous components of the category. We argued her contributions were significant as clearly documented by the multitude of reference letters supplied by leading experts in her field. She also had an extensive publication list as well as invitations to present this extraordinary work. Her research has had a significant impact in the field, and consequently the citation record of her work is far greater than most scientists with her years of educational and work experience.
We won a case for an Outstanding Researcher and Professor who was known world-wide for his expertise in hotel management. This applicant had over 19 combined years of industry and teaching experience. He was well-known as a remarkable professor. He served on many thesis committees and acted as a judge in numerous forums. This applicant had an extensive publication record and as a result was highly sought after to speak around the world regarding his contemporary research. He published book chapters and also obtained patents for portions of his research.
We won a case for an Outstanding Researcher who had over 23 years of research experience. She was considered one of the foremost experts in the field of medical research. She has an extensive publication record along with a multitude of presentations. This applicant was working on such illnesses as asthma, allergies and other lung ailments. Her innovative and pioneering work was recognized by the number of manuscripts accepted for publication in high impact journals.
We won a case for an Outstanding Researcher who worked for a private company. This applicant provided substantial evidence regarding the company's accomplishments and ability to pay as well as documentation of the 3 full-time researchers on staff. We were also able to provide evidence that the applicant qualified by providing his publications, patented work, membership in a prestigious professional society, extensive presentation listing as well as years of industry experience.
We won a case for an Outstanding Researcher with over seven years of research experience. This applicant received a multitude of academic awards for his outstanding work. He had an extensive publication record and authored book chapters. He was known world-wide as a leading expert in his field. Upon receipt of an RFE regarding his employment offer, additional supporting evidence was submitted confirming the permanency of his job offer. His case was approved in less than a week from Services' receipt of the response letter to RFE.
1. My employer filed my I-140 and it was approved. They refused to provide me the approval notice but through InfoPass I was able to get my receipt number and Alien #. To port my priority date, I would like to request USCIS for the duplicate copy of I-140 approval notice.
2. Is it possible to request USCIS a duplicate copy of my I-140 approval notice using either G-639 (FOIA) or I-824 (Action on an approved application or petition) or any other method as I have my receipt#?
FAQ Transcript
Answer 1. People typically file a FOIA request. File the Form G-639 (Form G-639 - USCIS). Often you get copies of all kinds of documents. Government gives you copies of documents they have on you. It is not consistent but people have got copies of their 140 approval notices, copies of their H-1 approval notices, the entire perm package. So it is worth filing a FOIA and it doesn’t cost you anything. It can take a little bit of time a couple of months maybe three months but do file it if you don’t have documentation. You can port the Priority Date with your alien number itself and receipt number as well. It should not need a I-140 approval notice. Remember the government has that information already. They don’t specifically need it from you.
Answer 2. By all means file the form. File G-639 and not I-824. File G-639 and let’s see what they give you.
I have been laid off by my current employer, with severance paycheck coming at regular pay intervals until mid January-2016. Finding a new employment is taking time. I am on H-1B which first started on October 01, 2013, latest I-797 valid until December 2017.
1. How long do I legally have, before I become unauthorized to stay? What constitutes as unlawful presence?
2. My I-94 admission validity is until October 2016; with no employment, does this mean anything?
3. Before I transition into a new H-1B, can I travel outside and into the country, without a Change of Status? Can I use severance pay checks if asked, for entry purposes?
4. Can I use my severance pay stubs as pay stubs when my next employer applies for new H-1B?
5. I am hesitating to inform my next employer about my termination, thinking that this may impact my hiring decision or my ability to negotiate. But not indicating terminated employment, is it possible that my H1B transfer or new petition may be considered unethical?
6. In your experience, how long does the USCIS take to update a revoked H-1B petition in their systems?
7. If my new employer files for H-1B transfer before the update but with pay stubs older than 30 days, do I have to mandatory leave the country for new H-1B stamping before starting to work?
8. If such is the case, is it best to change to a B-2 status and have my next employer apply for new H-1B? If yes, I would assume that I will be cap exempt until September 30, 2019 plus the days spent on B2; would this be a fair assumption.
9. Can my employer continue to pay severance checks when I am on B-2 status?
10. What happens if my new employer applies for H-1B transfer with severance paychecks, after USCIS has updated their records?
11. In your experience, what gap in unemployment is generally ignored by USCIS when filing for new H-1B or transferring new H-1B?
12. What other words of wisdom do you have for me?
If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.
Answer 1. Not even one day. However when you are getting paid can you not make the argument that since you are getting paid you are still maintaining status. That’s a slightly unpredictable argument. It can cut both ways. An example: I did a consultation on garden leave. Garden leave is very common in the financial industry. The employer lets you resign or if they lay you off they will pay you for the couple of months but they don’t want you to join another employer. The idea is you should not be able to take their information which is current and apply to a competitor. So in that case those pay checks are strongly set to keep you in status because it is full salary and they are maintaining control over you and they are not letting you do what you please . And that’s the assumption.
However severance pay… government has at one point said that they don’t consider severance pay to maintenance of status because severance pay seems to be a part of an arrangement were this is not salary you are basically just getting paid sought of a bonus to part company and I have doubts about that . I do not believe that to be a very good legal opinion from the government. I feel as long as my salary amount is getting paid, my deductions are being made, it is does not matter if I have a job or not. So you can certainly argue that. Severance pay doubtful, something like garden leave or regular leave coming out your way is probably ok to maintain status.
Answer 2. Not really. Understand the difference between out of status and unlawful presence. These are two different concepts. If you are on H-1 and you get laid off you are out of status the next day. But you are not unlawfully present until your H-1 is revoked or until your 1-94 expires. For sure unlawful presence begins when 1-94 expires. So unlawful presence and out of status are two different things. You are out of status the following day but you may not be unlawfully present until you’re I-94 expires or revocation of the H-1 occurs. Consequences of being out of status and unlawful presence are quite different. You are out of status that is no bar from getting another H-1B visa, another H-4, L-1, L-2 maybe a problem for F-1 or B-1 visas that have rather weak basis but for H-,4 H-1, L-1, L-2 or even O-1 or E-3 this is not a problem. On the other hand if you are unlawfully present for 180 days you are barred from green card or work visa for three years to ten years if you are unlawfully present for one year. So you can’t come back without a waiver and waivers are limited.
Answer 3. No because you don’t have a job. If you use the same visa to come back in, that could be fraud.
Answer 4. The answer is yes and why not. Government has never made a formal announcement that they will not accept severance as indicative of violation of status. So definitely use them.
Answer 5. That’s between you and your new employer. Immigration law does not require you to inform your new employer about termination by the old employer.
Answer 6. It can be many months but revocation should be retroactive so if your employer sent a revocation request which reaches USCIS today even if they act on it three months down the line they will back date it to today. Revocation is effective on the date revocation request is received.
Answer 7. It is up to USCIS, they might allow you status if the facts of your case is such that they require some sympathetic consideration but normally if you are out of status even one day government is well within its right to refuse to issue you status within the country. In these cases I always advice people to file premium processing soon so you know rather quickly were you stand.
Answer 8. B-2 application to maintain status is acceptable sometimes and also objectionable by the government. You can try, you can tell them that you were laid off unexpectedly and you have enough money to support yourself and you will not work without authorization, and that as soon as you find another employer you will immediately apply for an H-1. When all these things are said and done I think you can make a case for a B-2.
Sometimes government has come back and said we cannot give you a B-2 but as long as you get it filed before your current H-1 expires at least you have the right to stay in the US. You can argue in what is called authorized period of stay. But the problem is this. Something you need to be aware of. Let’s say your status is expired you have filed for B-2 and it is pending now you found a job remember an H-1 transfer within US will be approved only (most cases) if the pending B-2 has been approved in your favor by the time USCIS decides the H-1 transfer. If the case is still pending they will not give you status within USA, they will ask you to go for visa stamping. That is not a problem. You can do that but be mindful of that. If the B-2 is still pending or the B-2 is denied you will have to leave USA. The only time you get H-1B within USA is if by the time they decide your second H-1and your B-2 is already approved in your favor.
You will be cap exempt. That is not a problem because cap just says if you have been approved anytime in the last six years you are not subject to the quota.
Answer 9. Why not. On the one hand we are arguing that’s keeping you in status. On the other government could take the position that means you are violating status and I would say “no” because that is payment for work already done. They are giving me severance not because I am working for them; it’s because I already worked for them and this is either a payment for work already done or part of the arrangement while I was working. In order for employment to be unauthorized there must be a payment or remuneration as well as work. If there is payment without work or work without payment I think that is a good argument that’s not an unauthorized employment.
Answer 11. There is no consistency. I have seen them ignore not even one day they will come back and say no you were out of status for one day, in some situations they have done for two or three months. Most of the times they are not tolerant of this issue at all.
Answer 12. I think B-2is a good idea as long as you understand the implications of a B-2.