Nebraska Service Center Pre Adjudication I-485 AOS
NSC has reported that they are trying to pre-adjudicate cases so when the priority dates become current, an approval notice is sent immediately.
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USCIS Suspending In-Person Services Jan. 19 and 20
Release Date 01/15/2021
U.S. Citizenship and Immigration Services today announced it will temporarily suspend in-person services at all field offices, asylum offices and application support centers on Jan. 19 and 20 to ensure the safety of employees and individuals with appointments.
PERM Processing Times (as of 12/31/2020)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | June 2020 |
| Audit Review | February 2020 |
| Reconsideration Request to the CO | August 2020 |
Green Card
Immigration Law
NSC Updates – 05/26/09
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
H-1 Quota Count as of May 22, 2009
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.
Rajiv's Article - The math behind the new H-1B wage rules, and what it means for techies
Published by: The Economic Times - Date: January 19, 2021
Synopsis
Taking another parting shot at the employment-based immigration affecting green cards, H-1B and other similar work visas, the Trump Department of Labor (DOL) has published a rule that raises the wages by approximately 30% across the board.
For more details please see the attachment below.
AAO Processing Times (October - December 2020)
Timeliness of Fiscal Year 2021 First Quarter Completions (October - December 2020)
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 45.31% | 1278 | |
| I-129CW | CNMI-Only Nonimmigrant Transitional Worker | 0% | 1 |
| I-129E2 | CNMI Treaty Investor | 100% | 1 |
| I-129F | Petition for Fiancée |
Immigration Law
USCIS Reminder to Obtain Advance Parole Before Traveling Abroad
U.S. Citizenship and Immigration Services (USCIS) reminds applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries individuals that they must obtain Advance Parole from USCIS before traveling abroad.
Rajiv's Article - Biden administration begins reversing Trump's damage on H-1B and immigration
Published by: The Economic Times - Date: January 21, 2021
Synopsis
Politically, this is a good time for immigration laws to be revamped and modernized. Concluding from various polls conducted over the last two years, 70% of the US population considers immigration to be important for the United States. Democrats, that is Biden’s party, have the majority (although a slim one) to pass laws & be effective.
For more details please see the attachment below.
Rajiv's Comments in the News - Biden reforms on Day 1 set to cheer Indian diaspora - The Times of India
Published by: The Times of India - Date: January 21, 2021
Quotes and Excerpts from Rajiv in the article:
“It is most gratifying to see an acknowledgment from the Biden-Harris administration of the plight of immigration stakeholders” Arlington-based, Rajiv S Khanna, Managing Attorney at Immigration.com told TOI.
USCIS Responds to CIS Ombudsman's Recommendation on Improving the Process for T & U Visa Applicants
USCIS, responds to the CIS Ombudsman's Recommendation 39: "Improving the Process for Victims of Trafficking and Certain Criminal Activity: The T and U Visas."
Rajiv's News Clips - Joe Biden’s ‘overhaul’ of US immigration policy to help Indians in Green Card queue
Published by: The Economic Times - Date: January 21, 2021
Quotes and Excerpts from Rajiv on the article:
“Some of the changes will be delayed because they need a change in the laws, which is likely to be a few-months process, but the Biden administration is already prepared to send a legislative package to Congress. Some of the changes will be delayed because they might require deregulation,” said Rajiv S. Khanna, Managing Attorney at immigration.com
TSC Update – 06/03/09
Internal procedure by which Motion to Re-open, Motion to Reconsider or Appeal is handled
Presently at the USCIS TSC the officer that issued the denial generally adjudicates the MTR. But this system will slowly change. The denial of the MTR will be reviewed by a supervisor. An appeal filed under 8 C.F.R. § 103.3 will always be first considered as an MTR.
Be sure to submit the supporting documentation along with the I-290B. If the center considers its decision as correct it will forward he appeal to the AAO.
Visa Bulletin For February 2021
Number 50
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during February 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.
Agency
Green Card
Immigration Law
Jan 21, 2021 Recording of Free Community Conference Call (Every Other Thursday)
Green Card
Substantial transcription for video
FAQs:
I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)
Other Topics :
Maintaining green card status outside the USA during the COVID-19 pandemic || Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade and maintaining H-1B status after getting EAD || Receiving green card in a few months on the EB-1C/L-1A route and consequences of changing jobs or leaving job immediately after green card approval || H-1 Visa Laid-Off repercussions, F-1 pending - 60 day grace period || Investing in real estate property, stocks and day trading in the USA with an LLC || Employer not willing to file I-824 to support filing Adjustment of Status (AoS) || Currently on J-1 visa and PERM application is in process: Type of waiver, if needed, to present for same-sex spouse who is on J-2 || H-4 to F-1 and biometrics appointment schedule || H-1B Cap exempt and spouse on H-4 EAD seeking a job || Unemployed on H-4, filed I-485 AOS as a Principal Applicant with Supplement J || How to ensure application in process and get A#. || Spouse currently studying on H-4, applying for her F-1 Visa. Both I-140s approved. Will not going on an H-4 EAD create issues? || Applying for citizenship for Parents with green card and continuous residence issues || F-1 visa expires while waiting for marriage-based green card.
Rajiv's Article - Biden has begun dismantling Trump's immigration rules. How long will H-1B holders need to wait to see results?
publication descriptionPublished by: The Economic Times - Jan 25, 2021
Synopsis:
publication descriptionBiden’s administration has already withdrawn the regulation that was not yet published: the USCIS regulation that redefined employer-employee relationship to a far stricter level than we have ever had before, and required end-clients to be actively involved in the H-1B process.
H-3 Visa Services and Fees
The fee schedule for H-3 classification (fees are payable by personal or corporate checks) is as follows:
| 1. | Legal fees(for our Office): $2,200 |
Nonimmigrant Visas
Rajiv's Comments in the News - Wage hike rule of Trump admin under review, will not apply to upcoming H-1B filing season
Published by: The Times of India - Date: January 28, 2021
Quotes and Excerpts from Rajiv in the article:
Rajiv S Khanna, Managing Attorney at Immigration.com told TOI, "The May 14, timeline should take us past the H-1B lottery, if the Labour Condition Application (LCA) process is done before the kick-off date." The registration for H-1B applications (petitions) for the coming season is expected to commence in March. The lottery will be held in April.
Jan 28, 2021 Conversation with Yudi (Q&A on behalf of students and young professionals)
Immigration.com
Green Card
USCIS Extends Flexibility for Responding to Agency Requests
Release Date 01/28/2021
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:
Rajiv's Article - President Biden hands another win to H-1B holders and Indian students in the US
Published by: The Economic Times - Date: February 02, 2021
Two developments in immigration law bring happy tidings: a court challenge to OPT and STEM OPT extension has failed; and the US Department of Labor (DOL) has delayed to May 14, 2021 (beyond the H-1B lottery deadlines) implementation of the regulations affecting disproportionate wage hikes for H-1B and green card petitions.
For more details please see the attachment below.
New Edition and New Filing Address for Form I-690
Release Date 01/29/2021
On Jan. 29, USCIS published the 07/23/20 edition of Form I-690, Application for Waiver of Grounds of Inadmissibility, and changed the filing location. Applicants previously filed this form at the USCIS Chicago Lockbox. Now they must send the form to the USCIS Dallas Lockbox. For more information, please see the Edition Date and Where to File sections of our Form I-690 page.
FY 2022 H-1B Cap Initial Registration Period Opens on March 9
USCIS announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open at noon Eastern on March 9 and run through noon Eastern on March 25. During this period, prospective petitioners and representatives will be able to fill out petitioner and beneficiary information and submit their registrations.
A confirmation number will be assigned to each registration submitted for the FY 2022 H-1B cap. This number is used solely to track registrations; you cannot use this number to track your case status in Case Status Online.
Feb 4, 2021 Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
Substantial transcription for video
FAQs: Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485 Age Out/CSPA for children immigrating to the US
OTHERS: Completed I-765 form with a mistake, will the application get rejected || I-140 is withdrawn before 180 days of pending I-485 and EAD application || WD 7A1 stamp and future vacation travel to US || B-2 visa duration and extension || Getting a US Passport under Section 320 for a Minor || Wait for H-4 EAD or convert visa from H-4 to F-1 (finishing graduate degree online) by traveling to India for visa stamping || On F-1 visa stamped for 5 years for 1-year graduate course and unclear when required to leave || Applying for a re-entry permit after receiving green card || USCIS Receipt Notice Delays for I-140/EB-1C || H-1, H-4, EAD expiring: H-1 extension already filed || B-2 extension and RFE responses for parents during covid || Applying for H-4 after marriage with an approved I-140 || Moving to H-1B from Adjustment of Status if currently working on EAD || L-1A Stamping in Canada instead of India - Advantage || Maintaining H-1B status while waiting for green card || AOS filing and processing questions with H-1 and H-4 parents and child on F-1 now over 21 || Downgrading and processing time issues.