ImmInfo Newsletter
Contents   Vol. 3, No. 8,
August, 2009
  • China/India EB2 cutoff date advance is not cause for optimism

  • Comprehensive immigration reform (CIR)

  • H1B update

  • Problems with "case status on-line"

  • Problems persist with the DOL's iCert portal

  • Inquiries: when and how?

  • We continue to offer a "flat fee" AOS monitoring service

  • More on "pre-adjudication" of pending AOS applications

 

 

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China/India EB2 cutoff date advance is not cause for optimism
The rapid and unexpected fifteen month advance of the China/India EB cutoff date is not necessarily cause for optimism. At first glance, it should be cause for celebration. A closer analysis of the facts, however, reveals otherwise.
To read the full article, click here

Comprehensive Immigration Reform (CIR)
CIR has been in the news quite a bit this past month. While in Mexico, the President announced that CIR will have to go on the "back burner" for the time being. He explained that there are many competing legislative priorities and that while CIR is still important to him, he plans to push health care, energy, and the budget through first.
To read the full article, click here

H1B Update
The most recent H-1b quota update shows that the number of H-1b visas used so far has held steadily at 44,900.   This number has been the same since about the middle of May.
To read the full article, click here

Problems with "case status on-line"
Why does my online case status say that my case is still pending when I have already received an approval notice?
To read the full article, click here

Problems persist with the DOL's iCert portal

As many of you know, the DOL’s new iCert web portal has been nothing short of a disaster.   The first few weeks of the new portal saw denials based on typos and the DOL reviewing each LCA by hand and denying them based on what the person reviewing the forms found.  Of course, this is contrary to the regulations, but hey, what’s to stop them from breaking the rules.   When they finally got the system to where we could count an a certification in 7 days, they decided they would add another wrinkle by denying cases based on the petitioner’s FEIN.   In order to fix this issue, the petitioner must submit certain documents to the DOL’s help desk and in about a week, they will let you know that the FEIN was actually correct and that the system has been updated.  

To read the full article, click here

Inquiries: When and how?
When a case has been pending for some time, everyone naturally wants to find out what's going on. There are a number of methods for learning about the current status of a pending matter. Some are useful, some are not. Some are counterproductive.
To read the full article, click here

We continue to offer a flat fee AOS monitoring service.
Some people have asked if we still offer our AOS monitoring service for a flat fee of $500 per family. The answer is definitely yes. While we are considering increasing the fee slightly, we have not done so yet. For those who sign up, we will take over representation of your pending AOS case and file our notice of appearance as attorney of record on your behalf. We will then respond to all requests from the CIS.
To read the full article, click here

More on "pre-adjudication" of pending AOS cases
Last month, we reported the CIS claims of "pre-adjudicating" large numbers of pending adjustment of status cases. With the release of the September, 2009 Visa Bulletin it is now clear that the CIS was not entirely forthcoming. The advance in the China/India EB2 cutoff date is clear evidence that the CIS has not, as claimed, adjudicated all of the pending employment based AOS cases in their inventory.
To read the full article, click here

 

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