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...

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...

Liberian Refugee Immigration Fairness Program

Update August 17, 2021 USCIS issued another reminder that the deadline to submit green card applications for Liberian Refugee Immigration Fairness (LRIF) from eligible Liberians and their immediate family members is December 20, 2021. Q.  What are the requirements for a family member to adjust status based on LRIF? A.  To adjust based on LRIF, each family member must: Properly file his...

The Supreme Court Rules TPS Is Not an Admission for Purposes of Adjustment of Status

The Supreme Court just handed down a decision that will deflate the hope of filing for green card (while present in the U.S.) for about 400,000 individuals in the U.S. with Temporary Protected Status (TPS). The case concerns the plight of Jose Sanchez who with his wife and three children entered the US illegally in 1997. His fourth child was born in the U.S. and is a U.S. Citizen. In 2001, after...

Perpetual H-1B? Almost

Seasoned H-1B status holders are familiar with the regulations that allow them to extend their stay beyond the standard 6-year maximum period. We regularly see H-1B workers from India who have been in H-1B status for well over 10 years. Section 104(c) of AC21 provides that DHS "may grant" a three-year H-1B extension beyond the six-year maximum if the H-1B worker has an approved I-140 petition,...

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...

I-485 EB Processing Update

Update October 21, 2022 We are going to close this page with this last post. Future updates will be on a new page for FY 2023 filings (a link will be shared soon). This last post will end on a bizarre note. So buckle up. We don't have any answers yet but may provide updates later. One of our clients (an Indian National) filed I-485 EB2 in October 2020. PD is 11/10/2014. They were among the...

Another Chance to File I-485 after Rejection

Great news for those whose I-485s were rejected after many months of waiting caused by delays at USCIS and USPS postal. USCIS has been sending invitations to some applicants to re-file after their previously filed I-485s (filed between 10/01/2020 and 12/31/2020) were rejected due to incorrect responses to Item Numbers 9.a, 9.b, 9.c, or 10. Below is a sample invitation notice to refile. Note that...

Potential Issues Faced by Returning LPRs after Extended Stays Overseas

Update Post: May 28, 2021 Issues continue to pile up as more and more LPRs with extended stays abroad try to enter the United States. It has been reported by some whose stay overseas lasted more than a year that they were denied boarding by the airline during check-in. Some airlines may refuse to board LPR even when the green card is still valid by following the regulation below: An immigrant...