Posted On: April 30, 2012

LATEST UPDATE: H-1B FY2013 CAP COUNTS

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of April 27th, 2012, 29,200 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of April 27th, 2012, 12,300 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

*USCIS will continue to accept H-1B 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to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Stay tuned to MVP Law Group for FY 2013 H-1B CAP updates!

Posted On: April 27, 2012

MVP LAW GROUP – Immigration Q&A Forum, Friday, April 27, 2012

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – H-1B Nonimmigrant Work Visa
How many H1s are left?

Answer #1
According to the USCIS, H-1B petitions being filed subject to the CAP have doubled since this time last year. As of April 20, 2012, there were approximately 25,000 H-1B Regular CAP subject nonimmigrant visas filed and 10,900 H-1B Masters Exemption nonimmigrant visas filed. 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to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2012 H-1B Cap updates, please refer to our www.h1bvisalawyerblog.com.


Question #2 – Permanent Residence
If my permanent resident card has expired, do I need a visa? Or is it possible to renew my permanent residence?

Answer #2
A green card is valid for a period of 10 years; you may renew 6 months prior to its expiration. You may renew your green card by filing Form I-90 with the USCIS.


Question #3 – Employment Based Immigration – Green Card
Regarding a change of job, is there a recommended wait time after the green card that I can change my employer. On the EAD there was a 6mth after which I could do this, but was wondering after the GC if there is any such thing. Appreciate your response.

Answer #3
Although the regulations are silent on this issue, we recommend that you wait at least six (6) months before changing your employer to avoid issues if you intend on applying for citizenship when you become eligible.


Question #4 – H-1B Nonimmigrant Work Visa
What qualifies me as an “exempt H-1B employee”?

Answer #4
An exempt H-1B nonimmigrant is an H-1B worker who meets one of the following statutory standards: (1) receives at least $60,000 in annual wages; or (2) has attained a master’s or higher degree (or its equivalent) in a specialty related to the intended H-1B employment.


Question #5 – Family Based Immigration
Who is responsible for scheduling the visa immigrant Interview, us or the Consulate? My husband’s I-130 was just approved and just curious to know what we need to do next.

Answer #5
The National Visa Center (NVC) will be in contact with you to instruct you to pay the immigrant visa fee, prepare necessary forms and gather appropriate documents. Once the NVC has everything they need, they will forward the case to the Consulate. You will receive a notice of the date, time and place of the scheduled interview.


Question #6 – Employment Based Immigration – Green Card
I got my I-140 petition approved. Next step is to apply for AOS. What kind of document do I need to have for AOS application?

Answer #6
In order to apply for AOS, your priority date needs to be current, once your priority date is current, you will able to file the Form I-485, Application to Adjust Status to Permanent Resident along with the Form I-765, Application for Employment Authorization and Form I-131, Application for Travel Document. There are numerous background documents that will need to be submitted along with your petition, specifically, a sealed medical examination from a civil surgeon in your area, birth certificates, copies of federal tax returns, bank statements, and an employment verification letter, among other documents.


Question #7 – Employment Based Immigration – Green Card
I heard that even though I submitted my I-485 because my priority date was current, there is no chance of getting my green card within the next six months?

Answer #7
What you heard is correct, if you are an applicant from India or China-mainland born, and your I-140 was filed under the Employment based second preference classification.

The American Immigration Lawyers Association (AILA) confirmed with the State Department that the annual limit in the EB-2 category for China-mainland born and India had been reached as of April 11, 2012. USCIS will continue to accept adjustment applications based upon cut-off dates published in the April and May Visa Bulletins. However, requests from USCIS service centers and field offices for visas in the EB-2 category aliens chargeable to China-mainland born or India will be retained by DOS for authorization in FY2013, beginning on October 1, 2012.


Question #8 – Employment Based Immigration – Green Card
We filed a labor application and it was approved for a software engineer. We have not received the certified labor application in the mail (approved several weeks ago) and wish to move to the next step, file the I-140. What can we do?

Answer #8
Generally, there are two options available to you; however, both are rather similar. The recommended route is to file the I-140 petition with a request that the United States Citizenship and Immigration Service (USCIS) obtain the certified Labor from the Department of Labor (DOL) itself. The other option is to write a letter to the DOL notifying them that the USCIS will be requesting the certified Labor from them directly for purposes of filing the I-140 petition.


Question #9 – Employment Based Immigration – Green Card
Is an approved I-765 any indication that the I-485 is getting close to approval and would eventually BE approved without a hitch or are they autonomous processes?

Answer #9
They are separate and distinct creatures. Therefore, to put it simply, an approved I-765 is not an indication that the I-485 is getting closer to being approved.


Question #10 – H-1B Nonimmigrant Work Visa
My name is mistakenly typed in the form I-129 submitted to USCIS. In that form only, in all other forms (including I-129 supplements) it has typed correctly. Name mistyped on I-129, so reflecting wrong name on I-797, what I need to do now?

Answer #10
If you believe that the mistake on your I-129 receipt notice (Form I-797) would cause severe issues down the road, you will need to contact the USCIS National Customer Service number (1-800-375-5283) and speak with an Agent to request that the mistake be corrected, so that your I-129 Approval notice (Form I-797) will provide the correct spelling of your name.


MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, May 11, 2012!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!

Posted On: April 26, 2012

China-Mainland Born and India EB-2 FY2012 Annual Limit Reached

The American Immigration Lawyers Association (AILA) has confirmed with the State Department that the annual limit in the EB-2 category for China-mainland born and India has been reached.

The State Department notified USCIS on April 11, 2012, that no further visas for those categories would be authorized.

USCIS will continue to accept adjustment applications based upon cut-off dates published in the April and May Visa Bulletins. However, requests from USCIS service centers and field offices for visas in the EB-2 category aliens chargeable to China-mainland born or India will be retained by DOS for authorization in FY2013, beginning on October 1, 2012.

Source: "AILA InfoNet Doc. No. 12042360 (posted Apr. 23, 2012)"

Posted On: April 25, 2012

LATEST UPDATE: H-1B FY2013 CAP COUNTS

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of April 20th, 2012, 25,000 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of April 20th, 2012, 10,900 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

*USCIS will continue to accept H-1B 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.

Stay tuned to MVP Law Group for FY 2013 H-1B CAP updates!

Posted On: April 24, 2012

Updated Service Center Processing Times

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on April 23, 2012 with processing dates as of February 29, 2012.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center
National Benefits Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS. (1-800-375-5283)

If you are a client of MVP Law Group and would like our assistance please contact our office.

Posted On: April 23, 2012

MVP "Immigration Q & A Forum" - This Friday, April 27, 2012

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, April 27th, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Posted On: April 20, 2012

AILA and Partners to Help Thousands Apply for Citizenship on Saturday, April 21st

WASHINGTON, DC - The American Immigration Lawyers Association (AILA) is proud to sponsor the 6th annual Citizenship Day on Saturday, April 21, 2012. This single-day workshop with sites around the country provides assistance to lawful permanent residents eligible for naturalization. In partnership with the "ya es hora ¡Ciudadanía!" campaign, AILA will hold 50 naturalization clinics in 18 states serving thousands of immigrants who are preparing to become citizens. "Our annual Citizenship Day is an event all AILA members can support. Collectively, we work with individuals from all over the world who are all striving to come to the U.S., and many of those individuals wish to stay here to make a life for themselves and for their families. It is an honor to help those immigrants finalize their status to become American Citizens," said AILA President Eleanor Pelta.

As a one-day, nationwide event, AILA Citizenship Day provides free or low-cost assistance to eligible legal permanent residents who wish to apply for U.S. citizenship, utilizing partnerships between AILA chapters across the country and the grassroots campaign "ya es hora ¡Ciudadanía!" In 2012, AILA Citizenship Day will celebrate its 6th anniversary on a national scale and its 4th year working with the campaign.

AILA's successes are due in large part to the national collaborative relationships that AILA has developed both with community organizations and stakeholders, as well as the USCIS Office of Citizenship. "As individual attorneys, our daily professional work is life changing. When we join together to help a community we are a force to be reckoned with; we can make such a huge difference," said Susan Timmons, Associate Director of AILA's Practice and Professionalism Center. "Coordinating Citizenship Day with our partners grants AILA members the opportunity to reach an exponentially larger group. Together, we help hard working residents become citizens of the United States - we help them realize the American dream."

AILA Citizenship Day was awarded the 2008 Award of Excellence in the "Associations Advance America" awards program, a national competition sponsored by the American Society of Association Executives (ASAE) and The Center for Association Leadership.

Citizenship Clinics will be held in Arizona, California, Colorado, Georgia, Florida, Hawaii, Illinois, Louisiana, Maryland, Massachusetts, Michigan, New York, Ohio, Pennsylvania, Texas, Virginia, Washington, and Washington, D.C.

CONTACTS:
George Tzamaras or Amanda Walkins
202-507-7649 / 202-507-7618
gtzamaras@aila.org / awalkins@aila.org

The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

Source: "AILA InfoNet Doc. No. 12041942 (posted Apr. 19, 2012)"

Posted On: April 20, 2012

UPDATE: USCIS National Customer Service Center

April 20, 2012, USCIS National Customer Service Center (NCSC) will not be available to receive calls about individual cases from 12:30PM – 4:30PM ET. The NCSC will be available to answer general immigration questions during that time.

Posted On: April 19, 2012

LATEST UPDATE: H-1B FY2013 CAP COUNTS

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of April 13th, 2012, 20,600 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of April 13th, 2012, 9,700 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

*USCIS will continue to accept H-1B 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.

Stay tuned to MVP Law Group for FY 2013 H-1B CAP updates!

Posted On: April 13, 2012

MVP LAW GROUP – Immigration Q&A Forum, Friday, April 13, 2012

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – H-1B Nonimmigrant Work Visa
I am an international student with F1- status and Associate degree that I obtained here in US. Am I qualified to change my status to h1B VISA?

Answer #1
Unfortunately, you are not, unless you possess qualifying work experience. To be eligible to obtain an H-1B visa, you must have a Bachelor’s degree in a Specialty Occupation field, and the position for which you are being sponsored must require at a minimum the attainment of a Bachelor’s degree in a specific specialty occupation field.


Question #2 – H-1B Nonimmigrant Work Visa
Is H-1B CAP moving faster or slower than this time last year? How many have been filed at this point?

Answer #2
Faster. According to the USCIS, H-1B petitions being filed subject to the CAP have doubled since this time last year. As of April 9, 2012, there were approximately 17,400 H-1B Regular CAP subject nonimmigrant visas filed and 8,200 H-1B Masters Exemption nonimmigrant visas filed. 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. For continuous FY2012 H-1B Cap updates, please refer to our www.h1bvisalawyerblog.com.


Question #3 – Family Based Immigration
Who is responsible for scheduling the Interview, my fiancé or the Consulate itself?

Answer #3
The Consulate is responsible for scheduling the Interview and will send you notice of the date and time of the scheduled interview.


Question #4 – H-1B Nonimmigrant Work Visa
I filed I-485, am waiting for EAD, my H-1B expires in May 20, can I wait until first week of May to prepare and file the H-1B, in hopes of receiving my EAD in the meantime? I do not want to get any unlawful presence/status. Please advise.

Answer #4
As long as you timely file your H-1B extension, under regulation 8 C.F.R. §274a.12(b)(20), a person lawfully employed under A-3, E-1,E-2,E-3,G-5, H-1B, H-2A/B, H-3, I, J-1, L-1, O-1/O-2, P-1/P-2/P-3, R or TN status who timely files an application for extension consistent with 8 C.F.R. §214.1, is automatically given 240 days from the date of expiration. During 240 days, there is no INA 245(c) bar to adjustment of status. We recommend that you maintain H-1B status while your I-485 is pending as a safety net in case any problems arise in the adjudication of your I-485 petition.


Question #5 – H-1B Nonimmigrant Work Visa
How long does it take for the USCIS to review an H1B case that has been returned by the Department of State? When can we contact USCIS to check on the status?

Answer #5
The USCIS has indicated that when cases are returned to them from the Department of State (DOS), those cases are reviewed and processed when time and resources allow. Accordingly, they are low priority in the eyes of the USCIS. Pursuant to the USCIS National Customer Service Center (1-800-375-5283), you may initiate a Service Request after waiting 180 days from the date your case is returned to the USCIS.


Question #6 – H-1B Nonimmigrant Work Visa
Is a Nurse Practitioner considered a Specialty Occupation? A doctor’s office has given me a job opportunity (I’m on OPT) and I wanted to make sure before I accept that this is doable?

Answer #6
If you have at least a Bachelor’s degree in a specific field and the position requires at least a Bachelor’s degree in a stated filed, then you may be eligible for the H-1B nonimmigrant visa. In the medical industry, most of these occupations require graduate school. This type of position also requires extensive skill, knowledge and experience.


Question #7 – Employment Based Immigration – Green Card
The May visa bulletin shows that priority dates went back to 2007 for my category, EB2, I’m from India. My priority date was August 2010. Please explain to me what “priority date becoming current” means?

Answer #7
In order for an individual to obtain an immigrant visa, a visa number must be available to you. This is referred to as the priority date being "current." The priority date is current if there is no backlog in the category, or if the priority date is on or before the date listed as current in the State Department's monthly Visa Bulletin. This Bulletin is accessible at www.travel.state.gov. If there is a backlog in the preference category in which you were filed in, this means, that you must wait until a visa becomes available, until your priority date becomes current. When your priority date becomes current, you may file the I-485 application, but until then, you must wait. If your priority date was after May 2, 2010, then you will have to wait.


Question #8 – H-1B Nonimmigrant Visa
I have a student on OPT currently working for my company. I need to apply for her H-1B under this CAP. Her OPT expires in August of 2012. Will she have to return home or will she be covered under the “CAP GAP”? I am not sure of eligibility requirements for H1B CAP GAP. Please assist.

Answer #8
H-1B petitions that are timely filed, on behalf of an eligible F-1 student, that request a change of status to H-1B on October 1 qualify for a cap-gap extension. Once a timely filing has been made, requesting a change of status to H-1B on October 1, the automatic cap-gap extension will begin and will continue until the H-1B petition adjudication process has been completed. Timely filed means filed within the H-1B acceptance period beginning April 1, 2012. The paperwork (LCA and I-129) must also reflect a beginning employment date of October 1, 2012 to be covered under the CAP GAP.


Question #9 – Employment Based Immigration – Green Card
We appealed a denial of an I-140 Immigrant Petition filed on behalf of one of our employees. How much longer can we expect to wait for a decision to be made?

Answer #9
According to the Administrative Appeals Office (AAO), Appeals filed under the EB2 preference category (Professionals with Advanced Degrees) are currently being reviewed within 23 months of filing the appeal. Appeals filed under the EB3 preference category (Skilled and Professional workers) are currently being reviewed within 36 months.


Question #10 – H-1B Nonimmigrant Work Visa
Can an H-1B applicant change employers during the visa process?

Answer #10
Yes, an H-1B applicant is free to change employers during the visa process, changing H-1B employers is considered an H-1B transfer, and that petition would not be counted against the CAP, unless they are changing from a CAP EXEMPT employer to an employer who is not CAP EXEMPT.


MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, April 27, 2012!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!

Posted On: April 12, 2012

USCIS Changes Look and Feel of Form I-797C

As of April 2, 2012, the United States Citizenship and Immigration Service (USCIS) began to issue Form I-797C, Notice of Action, with a new look and feel. The new Form I-797C is now printed on plain white paper. The USCIS believes that this change is estimated to save the agency about $1.1 million per year.

The USCIS believes that the NEW change to existing Form I-797C will help reduce public perception that the Form I-797C demonstrates evidence of an immigration benefit or status. The top of the new Form I-797C clearly displays the following language: “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.”

Please visit the USCIS website to view a sample of the NEW Form I-797C.

NOTE: Form I-797C, Notice of Action is used ONLY for certain types of communication between individuals and the agency including notifications of:

Receipt (notifies the customer that their payment and application/petition has been received by USCIS)
Rejection (notifies the customer that their application/petition has been rejected due to incorrect information or payment)
Transfer (notifies the customer that their case was relocated to another USCIS office for processing)
Re-Open (notifies the customer that USCIS has approved a motion to re-open their completed case and it is being processed)
Appointment (notifies the customer that they have an appointment with USCIS to obtain fingerprint or biometric capture, to attend an interview, or that their appointment has been rescheduled)

Form I-797C Notice of Actions issued before April 2, 2012, will remain valid.

*Approval notices are issued on Form I-797A. Form I-797A has NOT been changed.

The NEW change to Form I-797C is part of the USCIS' ongoing efforts to improve customer service while enhancing agency operations.

Source: www.uscis.gov

Posted On: April 11, 2012

LATEST UPDATE: H-1B FY2013 CAP COUNTS

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of April 9th, 2012, 17,400 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of April 9th, 2012, 8,200 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

*USCIS will continue to accept H-1B 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.

Stay tuned to MVP Law Group for FY 2013 H-1B CAP updates!

Posted On: April 10, 2012

MVP "Immigration Q & A Forum" - This Friday, April 13, 2012

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, April 13th, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Posted On: April 9, 2012

MAY 2012 VISA BULLETIN

The Department of State has released its latest Visa Bulletin.

Click here to view the May 2012 Visa Bulletin.

The May 2012 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India. The China and India EB-2 cut-off has retrogressed to August 15, 2007.

**The priority date is current if there is no backlog in the category, or if the priority date is on or before the date listed as current in the State Department's monthly Visa Bulletin.

Posted On: April 6, 2012

H-1B FY2013 CAP COUNT

USCIS has reported that 22,323 cap-subject H-1B petitions have been received as of April 4, 2012. Approximately 25% of these cases are for U.S. advanced degrees.

According to USCIS, the number of filings received in the first few days of the FY2013 H-1B season is almost double the number of filings received by USCIS during the same time last year.

Stay tuned to MVP Law Group for FY 2013 H-1B CAP updates!

Posted On: April 5, 2012

DOS Confirms China-Mainland Born and India EB-2 Cut-offs

Charlie Oppenheim, Chief of Visa Control at the State Department, has confirmed that, effective March 23, 2012, no further EB-2 visas will be authorized for China-mainland born and India applicants with priority dates of August 15, 2007, or later.

Visa applicants processing in April at consulates abroad will still receive visas, as those numbers were allocated before the cut-off date was established. Mr. Oppenheim understands that USCIS will continue to accept applications for adjustment of status for aliens with priority dates prior to the date established in the April 2012 Visa Bulletin.

China - May 1, 2010
India - May 1, 2010

Those cases with priority dates of August 15, 2007, or later, will be processed by USCIS to the point of approval (pre-adjudicated) and a request for a visa number will be forwarded to Visa Control at DOS to be held in a "pending" file until new visas are available beginning with FY2013 on October 1, 2012.

Source: "AILA InfoNet Doc. No. 12040447 (posted Apr. 4, 2012)"

Posted On: April 4, 2012

Administrative Appeals Office (AAO) Processing Times

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of April 1, 2012.

If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 20 months; for an I-129 L1 Appeal - 22 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 23 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 36 months.

**Most other cases are within USCIS' processing time goal of 6 months or less.