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发帖数: 18 | 1 我前后速看了一遍没发现什么新东西。贴出来给大家当个reference, 也许细心人能看到
什么。
Hello,
As you may be aware, priority dates for Indian and Chinese nationals in the
employment-based second-preference (EB-2) category could advance significant
ly in the coming months, as the Department of State applies roughly 12,000 u
nused immigrant visas from the first employment-based preference category to
the EB-2 classification. Specific cut-off date advancements will not be kno
wn until the agency issues an official visa bulletin, but State Department o
fficials have suggested that the EB-2 subcategory for India, which has remai
ned unchanged for months, could advance as early as May, with additional adv
ancements possible for both India and China in June or July.
Please note, at this time, this email only applies to individuals in the
EB-2 category who have a labor certification application (PERM) that has alr
eady been filed. In addition, we do not currently have an update on priority
date advancement for the EB-3 category, however we will continue to monitor
the situation and send updates as information becomes available.
Though the EB-2 category is current for most countries, it has long been bac
klogged for nationals of India and China, in part due to the large number of
permanent residence cases filed in July 2007, when the State Department sud
denly declared nearly all employment-based immigrant visa categories to be c
urrent and open for applications.
This communication is being sent in order to reach out to a specific group o
f people that may be affected. For us to efficiently send this communicatio
n in a timely manner we are reaching out to a large number of people and thi
s communication may not apply to you. Until the next visa bulletin is relea
sed, we will not know exactly how far the priority dates will advance. Plea
se refer to the U.S. Department of State's current visa bulletin for updates
, which can be found at Fragomen's website at
http://www.fragomen.com/newsresources/xprPENListDSr.aspx?xpST=U
t&NewsTypes=6f5dbbb5-bad9-4400-9cdd-0657066108a3&activeEntry=17f04967-8a9c-4
837-a579-d97850de2489&key=4
Please review the following scenarios below that may apply to you and follow
the guidance provided.
A. The following applies to you if you and your dependents (if
applicable) have an AOS already pending:
If the EB-2 India and China categories advance in the coming months, many ad
justment applicants with long-pending cases could see their applications adj
udicated to completion. When the priority dates for adjustment applicants b
ecome current, some individuals may need to provide supplemental documentati
on so that U.S. Citizenship and Immigration Services (USCIS) can finalize th
eir cases. Applicants could be asked to provide updated job letters from the
ir employer-sponsors, and may need to attend another biometrics appointment
so that new fingerprints can be taken. Applicants should also be prepared fo
r the possibility of an adjustment interview at a local USCIS office. Though
interviews are not routine in employment-based cases, agency adjudicators h
ave the authority to refer specific cases for local office interviews.
Please be advised there are certain travel restrictions for individuals with
pending adjustment of status applications. You, as the principal adjustmen
t applicant, must have either (1) a valid H-1B or L-1 visa in your passport
when departing the United States, or (2) a special travel document from USCI
S known as "Advance Parole." If you depart the United States without a valid
travel document, you will be considered to have abandoned your application
for adjustment of status to permanent residence. Further, if you have a dep
endent spouse or child with an adjustment of status application (I-485) pend
ing, they must not depart the US until they have received an approved advanc
e parole document (Form I-512L).
B. The following applies to you if you were married after your AOS was
filed and your spouse has not yet filed his/her AOS:
While we have information on you in our system, we may not have information
on your spouse and are therefore sending this email to assist you in prepari
ng for an AOS filing on behalf of your spouse should your priority date beco
me current in the upcoming months.
If you got married after the filing of your AOS (I-485 application) and an A
OS has not yet been filed on behalf of your spouse, your spouse may be eligi
ble to file in the upcoming months if:
You are in the Employment-Based 2nd Preference category (EB2); and
Your country of birth or your spouse's country of birth is India or
China.
If you meet both requirements as listed above and your spouse does not have
an AOS filed on his/her behalf, we ask that you follow the instructions belo
w for preparing your spouse's AOS questionnaire and supporting documents. Pl
ease do not actually submit the AOS questionnaire for your spouse until you
receive further notification from Fragomen that we are initiating his or her
AOS case.
We request that if you were married after your AOS was filed or if you antic
ipate getting married in the future, please call our office at 858-793-1600
to set up a conference call with an attorney to discuss your case strategy.
C. The following applies to you if you have an approved I-140 in the
EB-2 category, but have not yet filed your AOS:
Your priority date may become current in the upcoming months; once your prio
rity date becomes current you will be eligible to file AOS applications for
you and your dependents, if applicable. Please follow the instructions below
for preparing your AOS questionnaire and supporting documents.
Instructions for preparing AOS questionnaire and supporting documents
1. Log into the IHP website and complete a draft AOS questionnaire (any fami
ly members should also complete a draft dependent questionnaire).
Please do not actually submit the AOS questionnaire until you receive furthe
r notification from Fragomen that we are initiating your AOS case.
Your AOS case cannot be initiated until your priority date is current. For I
HP access or technical issues, please email our Briana Salazar at bsalazar@f
ragomen.com.
2. Collect clear copies of the required supporting documentation indicated o
n the questionnaire's checklist. Please also refer to the "AOS Toolkit", whi
ch is accessible through a link on the IHP home page. The AOS Toolkit contai
ns a link to the U.S. Department of State's Visa Bulletin, so that you can m
onitor the status of your priority date. The AOS Toolkit also contains FAQs
related to the AOS process. Again, please do not actually submit your AOS qu
estionnaires or supporting documents until Fragomen instructs you to do so.
3. Once your priority date is current, a medical examination must be complet
ed by you and any dependent family members. The sealed medical exam will be
filed with your AOS applications. Please do not obtain you medical exam unti
l Fragomen has instructed you to do so. Please be advised, the completed exa
m will only be valid for 12 months. Further, please be sure your physician i
s using the current edition of the Form I-693, dated 7/20/2010.
Please review the attached memo for information regarding the process in gen
eral and schedule an exam for each member of the family when Fragomen instru
cts you to do so. You may locate designated civil surgeons in your area by
accessing the USCIS website or through calling the USCIS National
Customer Service Center at 1-800-375-5283. Once you have selected the
Civil Surgeon, have the Civil Surgeon complete the medical examination form
(Form I-693) on the day of your appointment.
(See attached file: Medical Instructions.doc)
4. Two (2) identical color photographs taken in the last 30 days are require
d per application, per applicant. Please do not take the photos until we in
form you that your AOS application has been initiated.
Two photos each are required for Forms I-485 (adjustment of status), I-765 (
work permit) and I-131 (advance parole travel document). We suggest you obt
ain two (2) extra photos as a precaution (total of 8 per applicant).
The photos should be passport-style photos, measuring 2" x 2". Please
note, if digital photos are submitted, they need to be taken with a high-res
olution camera with at least 3.5 megapixels of resolution. Please refer to
the following attachment and website for additional photo
specifications:
(See attached file: DOS Guide to Photo Specifications.pdf) http://travel.sta
te.gov/visa/visaphotoreq/visaphotoreq_5334.html
FREQUENTLY ASKED QUESTIONS
Please be sure to refer to the AOS Toolkit available on the IHP. There is a
n FAQ section in the Toolkit that may address many of your questions.
Here are a few general guidelines:
Question: When will I receive an update from Fragomen?
Response: Fragomen will issue further updates as the Department of State rel
eases more information on priority date advancement. Once your priority date
becomes current, Fragomen will contact you in order to initiate your AOS ca
se. Our next anticipated communication will be in mid-April, when the Depar
tment of State releases the May visa bulletin.
Question: When will my priority date be current?
Response: It is difficult to anticipate exactly when your priority date will
be current. In May we may see modest advancement of the existing available
visa numbers (for April 2011, EB-2 India is current for dates prior to 5/8/2
006; EB-2 China is current for dates prior to 7/22/2006). We will likely se
e more advancement in the months of June and July. We will send an update in
mid-April, when the Department of State releases the May visa bulletin.
Question: When should I complete my medical exam?
Response: Please do not complete your medical exam until Fragomen has inform
ed you that your priority date is current. Please also note, the medical ex
am will only be valid for 12 months.
Question: When should I obtain my photos?
Response: Since the photos are only valid for 30 days, please wait until Fra
gomen informs you that your AOS case has been initiated before obtaining you
r photos.
Question: When should I submit my AOS questionnaire?
Response: Please wait until Fragomen informs you that your AOS case has been
initiated before submitting your AOS questionnaires. At this point, only dr
afts of the AOS questionnaires should be completed. Fragomen will issue fur
ther updates as the Department of State releases more information on priorit
y date movements. Once your priority date becomes current, Fragomen will con
tact you in order to initiate your AOS case.
Question: What is the next step after my AOS case has been initiated?
Response: Once your AOS case has been initiated, Fragomen will draft your AO
S forms and send them to you for review and also confirm that we have all of
the required documentation from you. Once the final application and support
ing documents are filed with the USCIS, the next action will be for the USCI
S to send you a notice to be fingerprinted for security clearance
purposes. Upon the completion of USCIS' processing of the applications,
in some instances they will issue an interview appointment. Our office will
notify you should we receive such a notice.
Question: Can I travel while the AOS application is pending?
Response: There are certain travel restrictions for individuals with pending
adjustment of status applications. You, as the principal adjustment applic
ant, must have either (1) a valid H-1B or L-1 visa in your passport when dep
arting the United States, or (2) a special travel document from USCIS known
as "Advance Parole." If you depart the United States without a valid travel
document, you will be considered to have abandoned your application for adju
stment of status to permanent residence. Further, if you have a dependent s
pouse or child with an adjustment of status application (I-485) pending, the
y must not depart the US until they have received an approved advance parole
document (Form I-512L).
Question: Will international travel impact my ability to file the AOS
application?
Response: You and your qualifying family members must be physically present
in the U.S. at the time of filing the adjustment of status application(s).
Once we have initiated your AOS, please contact us prior to making any inter
national travel plans.
We will be in contact with you once the Department of State releases more in
formation on priority date advancement. Once your priority date becomes curr
ent, Fragomen will contact you in order to initiate your AOS case. Our next
anticipated communication will be in mid-April, when the Department of Stat
e releases the May visa bulletin. We can respond to more case-specific queri
es at that time.
Thank you for your assistance with this matter. | t******g
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