| Processing Queue | Priority Date |
|---|---|
| Analyst Review | September 2022 |
| Audit Review | June 2022 |
| Reconsideration Request to the CO | September 2022 |
In November 2010, USCIS transferred approximately 36,000 Immediate Relative petitions from our California Service Center to our Texas Service Center. We anticipated that this redistribution of work would result in more timely adjudication of these petitions. Due to a number of unforeseen circumstances at our Texas Service Center, many of these cases have not been processed and are beyond our estimated processing times. We sincerely regret any inconvenience this may have caused you and we are making every effort to remedy this situation as soon as possible.
Discussion Topics:
FAQs: H-1B visa cap exemption - How does the 6-year rule work? || Will having EAD cards or petition approvals with gaps in the start and end date cause an issue?|| H-1B visa layoff options - Going to home country and applying for jobs, going through the lottery again, documents required to apply for a new visa to explain missing pay stubs and the contents of the documentation for termination contract sent by the company to the USCIS
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | May 2022 |
| Audit Review | March 2022 |
| Reconsideration Request to the CO | June 2022 |
FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | June 2022 |
| Audit Review | March 2022 |
| Reconsideration Request to the CO | July 2022 |
Discussion Topics - March 23, 2023
FAQs: Handling H-1B visa and layoff : What happens if I get laid off before or after stamping my visa in India? || Marriage and relocation to the U.S. : Quickest path for prospective fiancé of U.S Citizen living in India || AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days || What to do if one is in India during the PERM and I-140 process ||
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | July 2022 |
| Audit Review | April 2022 |
| Reconsideration Request to the CO | July 2022 |
FAQs: Impact of job changes on pending I-140 and/or PERM applications for H-1B holder || Recommendation letters for EB-1A applications ||What happens if you stay outside the U.S. for more than 8 months as a permanent resident
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | October 2022 |
| Audit Review | June 2022 |
| Reconsideration Request to the CO | December 2022 |
Discussion Topics:
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | September 2022 |
| Audit Review | July 2022 |
| Reconsideration Request to the CO | August 2022 |
FAQ: Explaining PERM Prevailing Wage Determination (PWD) and its elements || Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience || H-4 EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B || Gap in status, for instance, H-1B and H-4 status issues || Eligibility for EB-1A (Extraordinary Ability)
We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category. After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature. We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.
The Department of Labor has posted a revised Frequently Asked Question (FAQ) regarding the Permanent (PERM) Program and listing job requirements not normal to the occupation on both the ETA Form 9141 Prevailing Wage Request and ETA Form 9089. This FAQ, which replaces the previous notice that had references to the State Workforce Agency (SWA), is available here and on the FAQs page of the OFLC Web site under the heading PERM Program and subheading Job Requirements/Duties.