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MVP Law Group
News You Can Use
July 2016

10632 Little Patuxent Parkway
Suite 406
Columbia, Maryland 21044
240-390-0600
1-800-447-0796
Greetings,

"America is a nation of immigrants. That's our strength." -- President Barack Obama
 
Congress has officially recessed for the summer. Nothing has been done in terms of fixing our severely broken immigration system; and with an election upon us, we do not expect to see any significant changes to the system. WE must continue onward and fight for change. We encourage all of our readers to engage in the debate and discuss U.S. immigration policies openly. We cannot bring about the change we need without informing every one of the actual facts. As an educated society, we should come to the table informed and ready to engage in debate with accurate and precise facts, not myths, stereotypes and hoopla. #beinformed #educateyourself #knowthefacts

We are hopeful that you will like us on Facebook or follow us on Twitter to review the resources that we share with the online community.

What's been happening in Immigration?
 
-      July 6, 2016, the public comment period expired for the Proposed USCIS Fee Schedule. During the prior 60 day period, the USCIS accepted comments from the public concerning the proposed filing fee increases. The USCIS has reported that their FY 2016/2017 biennial fee review indicates a 21 percent weighted average fee increase is necessary to ensure full cost recovery.(Form I-140, currently $580.00, will become $700.00; Form I-485, currently $1070.00, will become $1225.00).
 
-       July 8, 2016, USCIS announced that they had extended Temporary Protected Status (TPS) for Nationals of   El Salvador
 
-       July 8, 2016, USICS also announced that they had returned all H-1B CAP petitions filed for FY2017 that were not selected in the computer generated random lottery selection process.
 
-       July 11, 2016, the Department of State indicated (DOS) that as of August 1, 2016, the limit of visas available for the Employment-Based Fourth Preference (EB-4) for Special Immigrants From India had been reached
 
-       July18, 2016, the Department of Justice (DOJ) filed a petition requesting that SCOTUS rehear United States v. Texas. DOJ requested that a full nine member Court hear the case as it is a case of significant importance.  
 
-       July 27, 2016, the USCIS released an official announcement confirming that the Supreme Court's 4-4 decision in United States v. Texas on June 23, 2016, does not affect the existing 2012 policy regarding Deferred Action for Childhood Arrivals (DACA). Deferred Action for Childhood Arrivals is still available.
 
-       July 28, 2016, the USCIS announced through the Federal Register that they will be revising Form I-485, Application to Register Permanent Residence or Adjust Status and are asking for the public comments for the next 30 days.
 
In other immigration news, the U.S. Department of State (DOS) Visa Bulletin for August 2016 is now available. The cutoff date movement is consistent with earlier predictions. The cutoff date for the EB2 category for India moved from 11/1/04 to 11/15/04 and EB3 moved from 10/22/04 to 11/8/04. The cutoff date for the EB2 category for Chinese Nationals remained at 1/1/10 and the cutoff date for the EB3 category for Chinese Nationals remained at 1/1/10.

We hope you continue to read our newsletter as well as our blog in order to stay in touch and obtain important information concerning changes to the regulatory environment and new trends in the adjudication of petitions.

Kellie N. Lego, Esq.
MVP Law Group, P.A.
In This Issue
USCIS Teleconference - Dialogue with USCIS Director León Rodríguez

The United States Citizenship and Immigration Services (USCIS) will be holding a stakeholder teleconference on Thursday, August 11, 2016 between 4:00 to 5:00pm (Eastern). The subject of the event will be a "Dialogue with USCIS Director León Rodríguez" and will include his introduction and a Q&A session. Director Rodríguez will highlight his agency's initiatives then listen and respond to the stakeholder community.

 

Event Information:

DATE: Thursday, August 11, 2016

TIME: 4:00 - 5:00 pm (Eastern)

 

To register for this session:

Read more

USCIS Returns Unselected FY 2017 H-1B Cap-Subject Petitions

USCIS issued a news alert on Friday, July 8th stating that they have returned all fiscal year 2017 (FY 2017) H-1B cap-subject petitions that were not selected in their computer-generated lottery. USCIS completed the data entry of all selected H-1B cap-subject petitions on May 2nd (USCIS Completes Data Entry of Fiscal Year 2017 H-1B Cap-Subject Petitions). If you submitted a cap-subject petition between April 1st and April 7th of this year and have not received a receipt notice or a returned petition by July 22nd, contact USCIS for assistance .
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About Our Law Firm 

MVP Law Group, P.A.
offers Business Immigration Services to Employers and Individuals World Wide. We deal primarily with Business Immigration by assisting clients in obtaining Temporary Work Visas; Preparing and Filing Employment Based and Family Based Immigrant Petitions; Aiding Lawful Permanent Residents in Attaining Naturalization; and ensuring compliance with Immigration laws by conducting internal audits for businesses in all industries.

 

U.S. Immigration Law is federal in nature (i.e., No State or provincial law is involved), therefore, our firm is able to provide U.S. Immigration Law Services to clients ANYWHERE in the United States and around the World.

 

MVP Law Group, P.A. 

10632 Little Patuxent Parkway

Suite 406
Columbia, Maryland 21044

240-390-0600

1-800-447-0796 

 

Keep In Touch With Us!

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PERM Processing Priority Dates

(As of 7/28/16)

 

PROCESSING AREA

MONTH

CALENDAR YEAR

Analyst Reviews

Mar.    

2016

Audits

Nov.   

   

2015

Requests for
Reconsideration

Jan.     

2016

Gov't Error Appeals

Current

n/a

AUGUST 2016 VISA BULLETIN
The Department of State has released its latest Visa Bulletin.
The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: "Application Final Action Dates" (consistent with prior Visa Bulletins) and "Dates for Filing Applications," indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).




MVP LAW GROUP - Immigration Q&A Forum
 

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 - Family Based Immigration

I am a US Citizen and I applied for an Immediate Relative Petition for my husband. How long does the process take to adjust his status? 


Answer #1
Processing of the I-130 generally takes 6 months to adjudicate; however, in practice the I-130 processing can take between 6 to 11 months.
 
Please note that once the I-130 is approved, there is still another process to be completed, depending upon where the applicant resides - if the applicant already lives in the U.S. - Adjustment of Status by filing Form I-485 with the USCIS; if the applicant lives abroad, by Consular Processing through a U.S. embassy and the National Visa Center...another estimated 6 month processing period.


Question #2 - AC 21

I filed my I-140 and I-485 concurrently in the EB2 category. Since the I-485 has been pending for more than 180 days, can I use the AC-21 rule to change employer since my I-140 has been approved?

Answer #2
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