ImmInfo Newsletter
Contents   Vol. 3, No.14,
December 15, 2009
  • DOS FAQ: Explanation of the visa control system and projections for cutoff date movement

  • Active Monitoring Pending AOS Applications – Why it is Essential

  • Upgrading to EB2 - what happens to the old petition?

  • Required supporting documents: Experience letters

 

 

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DOS FAQ: Explanation of the visa control system and projections for cutoff date movement
The Visa Office (VO) subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
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Active Monitoring Pending AOS Applications – Why it is Essential

As a result of the 2007 “filing rush” and subsequent retrogression of visa cutoff dates, a large number of individuals find themselves sitting and waiting for action on their adjustment of status applications. Depending upon the USCIS to “do the right thing” is worse that futile, it can be outright dangerous. For this reason, it is imperative that applicants closely monitor the pending AOS cases.

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Upgrading to EB2 - What happens to the old petition?
As green card applicants evaluate the EB3 wait times and consider whether they should upgrade to EB2, many ask “what will happen to my old (EB3) petition?” The answer is, in most cases, nothing. A pending adjustment of status application, based on an EB3 petition, will continue to be processed by the USCIS if the applicant subsequently files a new application based on an EB2 petition. 
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Required supporting documents: Experience letters
For more than the past year, the USCIS has been requiring strict adherence to their regulatory requirements concerning certain types of supporting documents. We expect this practice to continue and expand to encompass all types of required supporting evidence. This article is the first in a series dealing with the technical requirements for supporting documents filed in connection with immigration petitions and application. This initial article deals with experience letters.
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The new DOL prevailing wage request/determination system

Effective January 1, 2010 the Department of Labor is going over to a new system for determining prevailing wages for PERM and H1B purposes. No longer will individual state workforce agencies provide this information. As of the first of the year, everything will be consolidated into the DOL’s national office in Washington, D.C.

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