Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
Many people assume that their pending I-485s will be approved in August 2008, simply because the cutoff dates have moved forward dramatically in the Visa Bulletin for August 2008. The Visa Bulletin reflects that there is availability of visa numbers for cases in EB2 that have priority dates of earlier than June 1, 2006. ...
This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 8th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.
U.S. Citizenship and Immigration Services (USCIS) will make available Premium Processing Service for designated Form I-140 petitions1 (Immigrant Petition for Alien Worker) filed for alien workers in H-1B nonimmigrant status who are reaching the end of their sixth year in H-1B nonimmigrant status. Starting on June 16, 2008, USCIS will begin accepting Form I-907, Request for Premium Processing Service, for Forms I-140 filed for alien beneficiaries who, as of the date of filing the Form I-907:
• Are currently in H-1B nonimmigrant status;
• Will reach the 6th year of their H-1B nonimmigrant stay in 60 days;
• Are only eligible for a further H-1B extension under AC21 §104(c)2 upon approval of their Form I-140 petition; and
• Are ineligible to extend their H-1B status under AC21 §106(a)3.
06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension
AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.
06/10/2008: USCIS to Issue Two-Year EAD for I-485 Waiters Beginning End of June 2008!
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."
Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become “unavailable” beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year.
Guide to Naturalization. Very useful document that explains how to get naturalized, along with requirements for continuous residence, physical presence in U.S. etc.
Supplemental Guidance Relating to Processing Forms I-140 Employment-Based Immigrant Petitions and I-129 H-1B Petitions, and Form I-485 Adjustment Applications Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313), as amended, and the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA), Title IV of Div. C. of Public Law 105-277.
The USCIS has recently revised its policy regarding FBI name checks. If an AOS case is ready for completion with no other issues outstanding other than the FBI name check, the USCIS will complete processing of the case if the name check has been pending for 180 days or more. If the AOS is approved and the USCIS later learns that the FBI name check came back with a negative determination, the USCIS will revoke the AOS approval. Please see the press release from USCIS on this issue:
http://www.ilw.com/immigdaily/news/2008,0229-FBIcheck.pdf.
Also please see the following link for additional information on the USCIS' plan for working through AOS cases impacted by the change in policy:
http://www.uscis.gov/files/article/NameCheck_2Apr08.pdf.
Immigrant Visas
Cut-Off Dates for Immigrant Visas
We are pleased to announce the June 2008 cut-off dates for immigrant visas for individuals born in India and those born in most other countries.
Looks like every other country in all category is jumping higher than India EB3. Unfortunate ones waiting for long time with PD earlier than Jun2003 (This is what it showed before July 07 fiasco!!!!)
Guys, it seems the the USCIS just wants to keep skimming us. A new hurdle, a new fee. Just before we start getting ready for summer vacation.
May this nightmare be through soon.
OK guys, here is the December bulletin. A very little and discouraging change, but that's what we all expected anyway. So keep waiting and praying for a real and encouraging update of the priority dates in the bulletins to come.
For certain “H” and “L” nonimmigrants who have applied for adjustment of status to become permanent residents, the rule removes the requirement that such persons present a receipt notice (Form I-797, Notice of Action) for their adjustment applications when returning to the United States from travel abroad.
USCIS answers several questions from AILA during the meeting on September 25, 2007. It highlights that there were 320,000 AOS applications received during the months of July and August on top of the existing pending AOS applications.
The following are questions and answers discussed during this teleconference. We will post answers received from USCIS as soon as we have them. We also plan to post any additional questions received by email. At the beginning of the call, USCIS Division Chief for Information and Customer Service provided the latest information on the frontlog and answered a few questions submitted to the Ombudsman prior to the call.
Q&As Discussed by CIS Ombudsman Based on Emails Received...read more at link
COMMENT
At least someone on the inside is willing to answer some of the questions that we ask each other daily on trackitt.
Worried about what happened to your application that you filed, along with thousands of others, between July 17, 2007 and August 17, 2007? Fear not: USCIS has posted some answers to your concerns on their web site, warning you that due to increased volume, receipts are delayed ( what a shocker!). Here’s the latest question and answer session.
There has been no forward movement of the Employment cut-off dates for November. State Department explains that the reason for this is that it is still too early to see what impact the movement of the cut-off dates toward the end of FY-2007 may have on demand. Depending on the rate of demand being received from Citizenship and Immigration Services offices for adjustment of status cases, some forward movement of dates may be possible for December.
The Office of the CIS Ombudsman is hosting teleconferences to discuss your interactions with U.S. Citizenship and Immigration Services (USCIS). Join us to share your comments, thoughts, and suggestions as well as any issues of concern. Questions & Answers from the April 11, 2007 teleconference are available.
Next Teleconference:
Friday, October 12 - USCIS Receipting Delay - How Does This Affect You? 2:30-3:30 p.m. EDT
How to Participate
To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return email with the call-in information.
If you are unable to participate in these calls, please visit our website at www.dhs.gov/cisombudsman for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.
We appreciate your participation in this pilot program.
USCIS has limited capability to produce reports detailing the status of long-pending FBI name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those checks then need to be reinitiated, adding financial and time costs for applicants and USCIS.
Immigration authorities have received about 300,000 applications for high-skilled-employment visas since July 1, federal officials said yesterday, a deluge unleashed after the federal government first said it would not accept any applications for those visas during July and then reversed course.
Citizenship and Immigration Services, the federal agency, was still receiving applications for employment visas yesterday, the last day of a special period it announced on July 17 for immigrants with professional skills to file petitions for permanent residence visas, known as green cards. As a result, the total tally of applications received in the last six weeks was not available.
Improving Existing Immigration
22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
Who knows how long will it take to build an efficient system but atleast it gives some hope.
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888)............
We have just confirmed with the U.S. Department of State (DOS) Visa Office that the DOS Visa Bulletin for October 2007 will likely be similar to the DOS Visa Bulletin for January 2007. The January Visa Bulletin, http://travel.state.gov/visa/frvi/bulletin/bulletin_3100.html, was current for EB1, and EB2 for countries of chargeability other than India and China. The EB2 cut off for China was April 22, 2005; India was January 8, 2003. EB3 cases were all retrogressed, with cut off dates ranging from May 8, 2001 to August 1, 2002.
Q21: Will USCIS permit applicants who filed adjustment applications between July 2, 2007 – July 17, 2007, but who have not yet received a USCIS generated receipt notice, to file for Advance Parole and Employment Authorization based on proof of delivery of the I-485 application?
A21. Yes.
Q22: What will be the receipt date for employment-based adjustment applications filed between July 2, 2007 – July 17, 2007?
A22: In accordance with standard procedure, USCIS will generate receipt notices for all properly filed employment-based adjustment applications based on the date the applications were physically received by USCIS.
Employment-Based Adjustment Applications Filed by Aliens Whose Priority
Dates are Current under Department of State July Visa Bulletin No. 107
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor
Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor
certification application is not submitted in connection with the filing. USCIS will not accept a concurrently
filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
Congressional leaders have begun to discuss legislation that would sharply increase the number of high-skilled foreign workers who could become permanent U. S. residents in the next few years. While it's sure to be controversial, the measure, if it passes, could mean more than 100,000 additional green cards would become available for skilled workers, perhaps even doubling the 140,000 that are allotted each year. "There are some discussions going on informally," says Representative Zoe Lofgren (D-Calif.), who chairs the House subcommittee on immigration.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbers for this fiscal year. After consulting with USCIS, the Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability, and that Visa Bulletin #108 (dated July 2) has been withdrawn.
USCIS’s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month’s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007.
Looks like USCIS is going to grant a 31 day period to file adjustment cases to settle the Visa Bulletin mess. Apparently, one of the issues in contention was the period of time that would be granted for filing.
Many of you are waiting on pins and needles wondering what the news will be on the handling of green card petitions that were to be filed pursuant to the July Visa Bulletin. There is no change that a solution has apparently been reached, but the deal must still be cleared by the White House and that's what apparently is causing the hold up in the news being released. Will report as I learn more....
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
Tens of thousands of skilled workers, many of them in the U.S. on temporary H1B visas, responded to an official invitation, in a June 12 "visa bulletin" issued by the State Department, to take the final step in July toward attaining U.S. permanent residency. That sent workers, their families and their employers scrambling to ...
As everyone who follows employment-based immigration issues knows by now, July 2, 2007 brought about an unprecedented catastrophe in the immigration world. The July 2007 Visa Bulletin, posted by the U.S. Department of State (DOS) in mid-June 2007, announced the good news that all employment-based categories would be current. But, just as filings were set to begin, the DOS shut the door and revised the Visa Bulletin so that no one could file. This was the result of the USCIS's claims to have used all the previously-available 60,000 visa numbers remaining for the 2007 fiscal year.
WASHINGTON (Reuters) - Disgruntled green card applicants from India sent hundreds of flowers to the U.S. immigration agency on Tuesday to protest a recent policy flip-flop that hurt their quest for permanent residency.
The campaign that directed around a thousand flower deliveries to U.S. Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez was modeled on a popular Indian film promoting the peaceful protest methods of Mahatma Gandhi.
- A study of some 2,000 engineering and technology companies created between 1995 and 2005 found that in 25% of these companies, either the chief executive or lead technologist was foreign-born. In 2005, these 2,000 companies alone produced $52 billion in sales and employed 450,000 workers.
- That is why getting immigration reform right is essential to keeping U.S economy growing. Today, nearly 60% of Ph.D.s and 40% of master's degrees in engineering from U.S. universities are awarded to foreign nationals.
WASHINGTON – In an effort to give our customers accurate information about current receipting times and service level commitments, United States Citizenship and Immigration Service (USCIS) is providing the following projections concerning fee receipting and data entry processing of cases currently at USCIS Service Centers as well as the anticipated in time-compliance dates at each site.
The American Immigration Law Foundation (AILF) has stated that it has been authorized to file the class action lawsuit to respond to the USCIS refusal to accept employment based I-485 applications starting from July 2, 2007. The Murthy Law Firm cannot participate in filing the lawsuit since we only practice U.S. immigration law and we are not litigation specialists. AILF will likely work with a litigation law firm that will file the lawsuit with AILF attorneys leading the project.
Frequently Asked Questions about Participating in this Lawsuit
AILF is considering filing a lawsuit in federal district court against the U.S. Citizenship and
Immigration Services (USCIS) over its rejection of otherwise properly filed adjustment of status
applications for the alleged reason that a visa was not available, even though the Visa Bulletin
from the Department of State (DOS) states that a visa was available at the time of filing.
Immigration lawyers raised unusually irate protests yesterday after the State Department and the immigration service abruptly withdrew tens of thousands of job-based visas they had offered last month to foreign professionals hoping to become permanent residents in the United States.