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Immigration Updates and FAQs

By Humera Subhani Email By Humera Subhani
June 2012
Immigration Updates and FAQs

Cap Type
Cap Amount   Cap Eligible Petitions  Date of Last Count 
 H-1B Regular Cap   65,000  36,700  05/11/2012
 H-1B Master’s Degree Exemption   20,000  14,800  05/11/2012


Updates on EB-2 visa numbers for India and China

The annual limit in the EB-2 category for India and China has been reached. Confirming this, the State Department states in a notification sent to the United States Citizenship and Immigration Services on April 11, 2012, that no further visas for these categories will be authorized. On the basis of cut-off dates published in the April and May Visa Bulletins, USCIS will continue to accept adjustment applications. On the other hand requests from USCIS service centers and field offices for visas in the EB-2 category aliens chargeable to India or China will be retained by the Department of State for authorization in fiscal year 2013, beginning on October 1, 2012.

Specific cases to get expedited review
U.S. Citizenship and Immigration Services has established an expedited process for reviewing and correcting decisions resulting from certain administrative errors. This process enables customers to request an expedited review of their case and correction of the decision where  data entry and/or an administrative error resulted in a denial or rejection of their petition or application.
For National Customer Service, call 1-800-375-5283.

Administrative Error Categories

1) IF USCIS issued an adverse decision based solely on a customer’s failure to respond to a Request for Evidence (RFE), Notice of Intent to Deny (NOID), or Notice of Intent to Revoke (NOIR) AND there is documentary evidence that the customer responded to the RFE, NOID, or NOIR, and USCIS received the response in a timely fashion,

2. IF
USCIS issued an adverse decision based solely on a customer’s failure to respond to an RFE, NOID, or NOIR AND USCIS determines there is evidence in a USCIS system that the RFE, NOID, or NOIR was not sent to the petitioner/applicant or, if there is a valid Form G-28 on file, to the attorney or representative of record,

3. IF USCIS issued an adverse decision based solely on a customer’s failure to appear at a biometrics appointment or failure to respond to an RFE, NOID, or NOIR AND USCIS determines there is evidence that the customer properly submitted a change of address prior to the issuance of the RFE, NOID, NOIR, or biometric appointment notice; however USCIS sent the RFE, NOID, NOIR, or biometric appointment notice to a previous or improper address, or

4. IF
USCIS issued an adverse decision based solely on a customer’s failure to appear at a biometrics appointment AND there is documentary evidence that the customer attended the appointment or made a valid, timely request that it be rescheduled,

THEN in each of these cases, the situation fits the category for possible administrative error, and a customer or his or her authorized representative may contact the National Customer Service Center (NCSC) at 1-800-375-5283 to request that an expedited service request be created.



VISA PREFERENCE NUMBERS FOR JUNE 2012

 

FAMILY

India

Pakistan/Bangladesh

1st

22Jun05

22Jun05

2A

01Jan10

15Jan10

2B

15Apr04

15Apr04

3rd

01Apr02

01Apr02

4th

08Jan01

08Jan01

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

Unavailable

Current

3rd

15Sep02

08Jun06

Other

15Sep02

08Jun06

4th

Current

Current

5th

Current

Current1B

 



 

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