The Department has posted new Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 Programs.
Thanks for your service. Myself and my spouse I-485 approved after nearly 4 years. I really appreciate Rajiv, Mathew and Jitesh for your help during I-140 denial, prompt returning telephone calls and emails. Never had problem to contact Rajiv to clear doubts about I-140 denial. Thanks again to Jitesh and Mathew to set up conference call with Rajiv to answer my questions.
In November 2010, USCIS published a revised Form I-129, Petition for a Nonimmigrant Worker, which became effective on Dec. 23, 2010. Due to a number of inquiries regarding Part 6 of the Form I-129, "Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States", USCIS advised petitioners that they would not be required to complete this section until Feb. 20, 2011. Petitions postmarked on or after Feb. 20, 2011, must complete Part 6 of the Form I-129.
The Department of Homeland Security (DHS) supports the efforts of immigration practitioners who volunteer to assist aliens at community events. U.S. Citizenship and Immigration Services (USCIS) announced that, until further notice, DHS Disciplinary Counsel does not intend to initiate disciplinary proceedings against practitioners (attorneys and accredited representatives) based solely on the failure to submit a Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) in relation to pro bono services provided at group assistance events.
I have contacted you in the month of June, 05 regarding my F1-H1 Issue. My H1-B visa was approved by the American Consulate in Mumbai with out any problems and I am in the US right now. I would like to genuinely thank you for all your help and advise and I am glad that I took your services as I tried a number of lawyers before you and everyone gave me conflicting advises. I am writing to you my whole experience in detail so that you can put this in forum as other people may get help from this.
At last it is over - the wait and agony of many years!
First, I want to thank this spectacular group and everyone who have shared their views and ideas... this forum has been a great asset for everyone appearing for CP.
Last stage of my Green Card experience went through a tough ride and we saw a lots of tipsy turvy roads.
Here is my journey of the GC:
Mar 2003 - Applied for labour.
May 2006 - Applied for I-140.
June 2006 - I-140 got approved.
November 2006 - Applied for CP
Please click on the links of interest from the "Popular Information" menu.
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
FAQ‘s:
Others:
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv Khanna Blog: http://www.immigration.com/blogs
Twitter: https://twitter.com/immigrationcom
Facebook: https://www.facebook.com/immigrationd...
Linkedin: http://www.linkedin.com/in/rajivskhanna
My perm got approved on Oct 5, 2023. I am an Indian citizen with a priority date from my previous employer filing as March 28, 2012. As per the Oct 2023 visa bulletin, I am current under the “Dates for Filing” chart for EB2 and the “Final Action Date” chart for EB3. My employer's immigration firm insists on filing my I140, I485, I765, I131, and I693 under EB2 instead of EB3 for my case. So two questions:
1) Can you please explain the pros and cons of filing under EB2 and the pros and cons of filing under EB3?
2) As the EB3 “Final Action Date” chart is current for my priority date. Wouldn’t it be better for my case to be filed under EB3 instead of EB2, ensuring my 485 will get decided faster if filed under EB3 instead of EB2? Isn’t it?
According to law it is evident that even with an approved EB-2 case, you have the option to file the I-140 under EB-3 – that's a choice open to you, and no one can dispute it. However, this doesn't mean that your I-140 and PERM are permanently tied to EB-3. What is typically done is filing the I-140 under the category that offers a more advantageous date. For instance, if you are in the EB-2 category and the EB-2 date is more favorable, you would file under EB-2. Conversely, if EB-3 is more beneficial, you would choose that option.
It's important to note that you cannot upgrade from an EB-3 PERM to an EB-2 I-140, but you can downgrade from an EB-2 I-140 to an EB-3 I-140 – or the other way around, downgrading from an EB-2 PERM to an EB-3 I-140.
So, when you have an EB-2 PERM, you have the flexibility to file under either EB-3, EB-2, or both. Importantly, this filing of the I-140 does not terminate your case or prevent you from returning to EB-2 in the future. Thus, there's no compelling reason not to consider filing under EB-3. As for whether it's better to file your case under EB-3 or EB-2, my recommendation would be to file I-140s for both categories – EB-3 I-140 and EB-2 I-140. However, for the I-485, it's advisable to file with EB-3 – that's likely the most suitable course of action.
I appreciate the frank advice Mr.Khanna gave me. He could have taken on my case and made himself some money but he chose to tell me frankly that it was not worth pursuing the application at this stage. He also advised me on what alternative steps i should take instead. And he did it free of charge!