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Visa Bulletin Update FY 2023

December 2022 USCIS has announced that for December 2022, both family-based and employment-based adjustment applicants must use the Dates for Filing chart. EB1 no longer "C" (current) for Chinese and Indian nationals in the next few months. The estimated annual limit for FY 2023 is 197,000. New worldwide EB2 final action and filing dates due to heavy demand. EB2 India Final Actional and...

Changing Consulate Interview Venue for LGBT Applicants

Oftentimes, LGBT beneficiaries of family-based (I-130) and fiance(e) visa petitions (I-129F) may want to change the visa interview location where the safety of the LGBT applicant may be at issue. The Department of State understands these concerns and has provided the following procedure for changing venue. File I-130 or I-129F petition and designate the consular post in the beneficiary's home...

Unlawful Presence for H-1B Beneficiaries in F-1 Status

If you are an H-1B beneficiary and have recently received a denial or denial of a change of status, know that unlawful presence (ULP) for F-1 students will begin to accrue on the day after the request is denied (date of H-1B decision). (ii) Nonimmigrants Admitted for Duration of Status (D/S). If USCIS finds a nonimmigrant status violation while adjudicating a request for an immigration benefit,...

I-485 EB Processing Time (Filed in FY 2023)

This post will provide sample processing timeframes for employment-based I-485s filed in FY 2023 (October 1, 2022 to September 30, 2023). Processing time for the previous fiscal years is here: I-485 EB Processing Update We only have sample receipt notices for now but later updates will include approvals. Currently, it's taking up to 3 weeks to receive receipt notices. Also, the employment-based...

USCIS No Longer Recognizes ACICS-Accredited Schools Impacting Some STEM OPT, H-1B and I-140

On August 19, 2022, the US Department of Education no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. On November 1, 2022, USCIS announced how the loss of recognition will impact certain immigration benefit applicants. Students from impacted schools should contact their DSO immediately and discuss how to maintain their status....