ImmInfo Newsletter
Contents   Vol. 3, No.13,
December 1, 2009
  • Just How Bad is the Backlog?

  • The FY2010 H1B quota – how long will it last?

  • AOS Processing – The Reality 

  • EB2 Requirements

  • Adding the USCIS and NVC backlog numbers 

 

 

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Just How Bad is the Backlog?
Following the release by the USCIS of their backlog statistics in September, many prospective immigrants began to reevaluate the idea of upgrading to higher preference classifications. Central to any such decision is the answer to the question “How long do I have to wait if I remain in my present classification?” The purpose of this article is to help applicants try and determine just how long that wait will be.
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The FY2010 H1B quota – how long will it last?

After many months of little or no movement, we are at last seeing an increasing number of new H1B petitions accepted by the USCIS under the fiscal year 2010 quota. As of November  27th, the USCIS reported that they had received approximately 58,900 petitions.

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AOS Processing – The Reality
The widely held myth of adjustment of status processing is that the USCIS will promptly and efficiently process your case to completion, provided an immigrant visa is available for your preference category and country of chargeability. Unfortunately, this is a myth. The reality is quite different.
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EB2 Requirements 
With more and more prospective immigrants considering upgrading from EB3 to EB2, it is worth taking a moment to review the legal requirements for EB2 classification. Initially, we must keep in mind that there are alternative qualifications. That is, a petition can qualify under the “advance degree” or “exceptional ability” standards. I mention this because there are a small number of people without advanced degrees who can, in fact, qualify under the exceptional ability standard. I do not plan to discuss the exceptional ability standard in this article, but will do so in a subsequent article. For anyone interested in finding more information, go to 8 CFR 204.5(k) for the specific criteria required.
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Adding the USCIS and NVC backlog numbers

In September, the USCIS released a partial accounting of their pending adjustment of status inventory. The numbers released represented between two-thirds and three-fourths of their overall backlog and showed the following: 

 

CIS

Overall

WW

China

India

EB1

4,050

2,477

607

718

EB2

74,932

7,150

19,333

47,728

EB3

151,231

62,840

6,343

62,607

EB3OW

1,520

1,029

30

107

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