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New USCIS Policy Creates I-140 Revocation Notice Rights to AC21 Porting Beneficiaries; Requires Proactive AC21 Porting Filing

In a November 11, 2017 Policy Memorandum, USCIS has formally adopted a recent AAO decision in Matter of V-S-G Inc. and has provided guidance on its impact on AC21 beneficiaries where the underlying I-140 immigrant petition is being revoked.   The new policy memorandum states that beneficiaries who have properly ported their green card process to [...]

By | 2017-12-07T10:05:46+00:00 December 7th, 2017|AOS, Articles, Employees, Employers, I-140, I-485, News, News Alert, Policy|

Pending I-131 Advance Parole Applications Being Denied Due to International Travel

Our office has recently learned that USCIS is changing their long-standing practice and have started denying Form I-131 Advance Parole applications due to abandonment in cases where the applicant has left the United States while the I-131 Advance Parole application was pending.      USCIS has confirmed that this is their actual current policy going [...]

By | 2017-08-24T10:03:36+00:00 August 24th, 2017|AOS, Articles, I-131, I-485, News, News Alert, Travel|

August 2017 Visa Bulletin – EB-2 ROW Cutoff Date Introduced

The U.S. State Department has just released the August 2017 Visa Bulletin which is the eleventh Visa Bulletin for the FY2017 fiscal year.  The headline in the upcoming month’s Visa Bulletin is the introduction of a cutoff date for the EB-2 ROW, Mexico and Philippines categories, together with the notable forward movement [...]

By | 2017-07-11T21:17:47+00:00 July 11th, 2017|AOS, Articles, EB-2, EB-3, I-485, News, News Alert, Visa Bulletin|

Appeals Court Creates Right of I-140 Revocation Notice to New AC21 Sponsor Employer

In an August 3, 2016 opinion, the U.S. Court of Appeals for the Seventh Circuit held that in situations where beneficiaries of I-140 petition have ported their I-485 adjustment of status application to a new employer pursuant to the AC21 portability provisions, USCIS is required to provide a notice of its intent [...]

By | 2017-05-20T21:47:04+00:00 August 18th, 2016|AOS, Employers, I-140, I-485, News|

USCIS Issues a Multitude of RFEs on Pending I-485 Applications

Many of our clients and readers are already aware of the move by U.S. Citizenship and Immigration Service (“USCIS”) to issue what are hundreds, or perhaps even thousands, of very similar, if not identical, requests for evidence (“RFE”) on pending employment-based primary Form I-485, Application to Adjust Status, cases (mostly for EB-2 [...]

By | 2017-05-20T21:47:07+00:00 January 31st, 2016|AC21, AOS, Articles, I-485, News|

February 2016 Visa Bulletin – Filing Cutoff Dates Remain Largely Unchanged; Very Gradual Movement in the Approval Dates; EB-2 India Advances by Seven Months

The U.S. State Department has just released the February 2016 Visa Bulletin which is the fifth Visa Bulletin for the FY2016 fiscal year. The major headline in the upcoming month’s Visa Bulletin is the lack of any substantive movement in the Filing cutoff dates section of the Visa Bulletin, possibly caused by [...]

By | 2017-05-20T21:47:07+00:00 January 8th, 2016|AOS, Articles, I-485, News, News Alert, Visa Bulletin|

December 2015 Visa Bulletin – Filing Cutoff Dates Remain Unchanged; Very Gradual Movement in the Approval Dates

The U.S. State Department has just released the December 2015 Visa Bulletin which is the third Visa Bulletin for the new FY2016 fiscal year. The major headline in the upcoming month’s Visa Bulletin is the lack of any movement whatsoever in the Filing cutoff dates section of the Visa Bulletin, possibly caused [...]

By | 2017-05-20T21:47:08+00:00 November 9th, 2015|AOS, DOS, I-485, News, News Alert, Visa Bulletin|

National Visa Center No Longer Requires Original Civil Documents

In an important (and surely welcome by many) announcement, the National Visa Center (NVC) has announced that as of November 12, 2014, they would no longer start requiring and collecting original civil documents in support of immigrant visa (green card) cases.     Most applicants will simply need to submit photocopies of the applicable required civil documents [...]

By | 2014-11-14T10:16:09+00:00 November 14th, 2014|AOS, Articles, News, Visa Processing|

USCIS Clarifies Eligibility and Timelines for Filing I-485 for Diversity Visa Lottery Selectees

In a memorandum dated August 9, 2013, USCIS has released guidance and clarifications pertaining to the options and timelines for Diversity Visa (DV) selectees who choose to process their green card from within the U.S. by filing I-485, Application to Adjust Status.   The memo seeks to provide clarification to those DV selectees who choose to [...]

By | 2017-05-20T21:47:31+00:00 August 22nd, 2013|AOS, Articles, I-485, News, USCIS, Visa Bulletin|

FY2011 Employment-Based Visas Limit Reached: No New Green Card Approvals Until October 1

The Department of State ("DOS"), in an "urgent" alert dated as of September 15, 2011, has advised that due to heavy demand in the employment-based immigrant visa categories, DOS has reached the Fiscal Year 2011 annual limit of employment-based green cards. DOS/USCIS to Stop Approving EB Immigrant Visas Until October 1 As a result of [...]

By | 2017-05-20T21:48:10+00:00 September 15th, 2011|AOS, Articles, I-485, News, Visa Processing|