USCIS posts alert and creates inflated expectations over EB I-485 applications

Update 05/17/2022 USCIS is now showing new case status updates relating to pending I-485. Specifically, it will now tell you if your I-485 is put on hold due to visa number retrogression. The crazy part is that the update for this case is incorrect. We had filed a request to transfer the underlying basis from EB3 to EB2 and have already received the I-485 J receipt (see earlier update). Visa...

Healthcare workers may request expedited processing of their pending Form I-765s (EADs)

On December 28, 2021, USCIS issued guidance allowing healthcare workers to request expedited processing of their pending I-765 EAD applications. To determine whether you are a qualifying healthcare worker, see this DHS advisory memorandum (“Healthcare / Public Health” section, pages 7-9). You should be prepared to provide evidence of your profession or current employment as a healthcare...

Settlement Reached: H-4 EAD Renewals Now Also Qualifies For Automatic 180-Day extension and L-2s Get Work Authorization Without EAD.

Update May 12, 2022 On Nov. 12, 2021, USCIS issued a policy announcement to clarify that it will consider E and L spouses to be employment authorized based on their valid E or L nonimmigrant status. Since the November 2021 announcement, the Department of Homeland Security added new Class of Admission (COA) codes to distinguish between E and L spouses and children. As of Jan. 30, 2022, USCIS and...

USCIS May Lose Your RFE Response

Yes, it's true that your filings may get lost after they've been delivered to USCIS. In our experience, it's extremely rare for USCIS to lose a package after it has been delivered to its facility. Oftentimes, it's the carrier that may have lost/damaged the package while on route to USCIS. This may happen due to no fault of anyone such as extreme weather or a car accident. For time-sensitive...

I-140 Processing Time

Update 12/06/2021 We have some more sample approvals showing straight approvals in about 5 months at the Texas Service Center. For petitions involving RFE, the total processing time will be longer. We have received an approved I-140 that took about16 months. This particular I-140 also involved a "lost" RFE response which added to the total processing time. See related post: USCIS May Lose Your...

H-1B Processing Update

We are starting a new post to track the processing timeframes of non-premium H-1B cases. Please check out a related post on Fast H-1B Approval Without Premium. Update 04/14/2022 The current processing time is about 3 to 5 months for extension, transfer, and amended petitions. Petitions subject to RFE will take longer. 3 months: 4 months: 5 months: Update 03/17/2022 Processing time of H-1B is...

USCIS Will Offer Relief to Those Impacted by Delays at USCIS Lockbox

Update June 18, 2021 If you have experienced a delayed rejection of your immigration filing which you are unable to refile due to no longer being eligible for the immigration benefit requested, please pay attention to the current flexibilities offered by USCIS. These filing flexibilities are effective for 60 days from June 10, 2021, until August 9, 2021. Refiling Eligibility You may refile your...

Questions and Answers regarding USCIS customer service (Contact Center)

The following can be accessed from the CIS ombudsman's office. Topics include  reaching tech support, scheduling biometrics appointments, expedite requests, and more. Q1. What happens if a caller needs assistance in a language other than English or Spanish? A1. We continue to evaluate the need to provide services in additional languages.  Currently, if the caller needs assistance in a...

Breaking: USCIS to Eliminate Biometrics Requirement for I-539 filers starting May 17, 2021

On May 3, 2021, USCIS announced that it will suspend biometrics requirement for individuals filing Form I-539 to request an extension of stay in or change of status to H-4, L-2 and certain E nonimmigrants. The declaration was made in response to a lawsuit (Edakunni v. Mayorkas) challenging tH-4 and L-2 adjudication delays.  The biometrics suspension will apply to the H-4, L-2, and E-1, E-2,...

Expediting a Pending I-765 EAD

Update 6/11/2021 USCIS has clarified the circumstances under which it will consider expedited requests (ER). NBC is processing expedited request (ER) of EADs very quickly. Call USCIS customer service for ER and ask to speak to Tier 2 officer. Tier 2 will call back in a week or so. Provide financial loss docs. Most are approved without any docs. If doc is requested, some examples include a letter...