USCIS Updates FY 2010 H-1B Count (Updated 11/06/09)
November 17, 2009
As of November 6, 2009, approximately 54,700 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
USCIS Service Centers Processing Time Reports
November 17, 2009
The U.S. Citizenship and Immigration Services (USCIS) issued Processing Time Reports for California, Vermont, Nebraska, Texas and National Benefits Centers. The USCIS generally provides monthly updates to give its customers accurate information about current processing times and service level commitments. We have posted these reports under USCIS Processing Times & Recent Immigration News section on our website in PDF files.
USCIS Extends Grace Period for Accepting Previous Version of the Notice of Entry of Appearance as Attorney or Representative Form
November 13, 2009
U.S. Citizenship and Immigration Services (USCIS) announced today that the previous version of the Notice of Entry of Appearance as Attorney or Representative (Form G-28) will be accepted until further notice. On Oct. 1, 2009, USCIS announced the publication of a new Form G-28 and provided a 30-day grace period, until Oct. 30, for accepting previous versions at the USCIS Lockbox facilities or USCIS Service Centers. USCIS encourages attorneys and accredited representatives to use the new Form G-28, however, USCIS will not reject filings of the previous Form G-28 version until further notice. This will allow law students who represent immigrants to use the previous form until changes can be made to the form to accommodate their unique situation.
USCIS to temporarily accept H-1B filing absent certified LCA
November 12, 2009
U.S. Citizenship and Immigration Services (USCIS) is announcing a 120-day period in which it will temporarily accept H-1B petitions filed without Labor Condition Applications (LCAs) that have been certified by the Department of Labor (DOL). USCIS has received requests from the public to accept H-1B petition filings that include LCAs that have been filed with DOL but that DOL has not yet certified. Processing delays arising from DOL’s recently implemented “iCERT” system have resulted in increased processing times (beyond 7 days) for certain LCA certifications. As a public accommodation, USCIS will begin to accept H-1B petitions filed with uncertified LCAs for a 120-day period, commencing November 5, 2009 and through March 4, 2010. However, USCIS will only accept such H-1B petitions if they are filed at least 7 calendar days after the LCAs were filed with DOL and include evidence of these filings. The only acceptable evidence of filing is a copy of DOL’s email giving notice of receipt of the LCA.
Department of State releases December 2009 Visa Bulletin
November 10, 2009
The U.S. State Department released the December 2009 Visa Bulletin on November 10, 2009. Visa Dates are announced by the U.S. Department of State every month. India’s priority dates for this bulletin summarizes the availability of immigrant numbers during December. EB-2 category for all countries remains available while China and India’s EB-2 Categories remain unchanged since last month. EB-3 Categories see no movement as well other than India which has progressed by a mere 9 days. For more information on this and other news be sure to subscribe to our newsletter at GLC Newsletter. Pursuant to INA § 245(a)(3), aliens with priority dates prior to the cut-off dates shown on the Visa Bulletin will be eligible to file adjustment of status applications during the month of December 2009. We at GLC post these dates for your convenience on our website under Visa Bulletin as soon as they become available from U.S. Department of State.
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