Author: Alan Lee

Alan Lee & Arthur Lee, Esq. Q&As published on the World Journal Weekly on September 8, 2024：1. After being fired and H-1B grace period is up, you can try to return to school to maintain nonimmigrant status 2. Although the new job salary is $20,000 less than before, those I-485 applicants with higher salaries will not be affected 3. Although your consulate office is listed in China, you may be able to have H-1B interview in Europe  

1. After being fired and H-1B grace period is up, you can try to return to school to maintain nonimmigrant status

A reader asks:
The first time I applied for PERM in 2020, I was audited and I submitted supplementary materials. In early 2022, I was notified that it was rejected. The reason for rejection was that the recruitment advertisement did not comply with regulations. In mid-2022, the company was acquired, and the new company ran a second PERM and encountered a hiring freeze. After waiting for 6 months, I submitted the second PERM application in October 2023. However, I was suddenly fired last month and the PERM is still being processed. It is now the 6th year of H1-B and is valid until November. I have interviewed with several companies lately, but after chatting with HR, I was rejected. Some companies require to have I-140 in the 6th year. Some said that the company does not apply for PERM this year. They also contacted the company where I was fired. After the first round of interviews, they arranged for a second round of interviews next week. The result was two days before the interview. HR called and said role restructure, and the interview was canceled. I want to apply for NIW, but I only have a Master’s degree in CS from the US + work experience as a coder. I have not published any papers or participated in academic conferences. There are only more than 30 days left in the 60 day grace period, and I feel like I can no longer find a job due to status issues. What should we do in this situation now?

Arthur Lee, Esq. answers,
Based upon your summary of your education and work experience along with your lack of published papers and academic conferences, I do not believe that you would be eligible for EB-2 NIW. Unfortunately, your pending PERM will no longer be valid since your company laid you off (unless they agree to continue to sponsor you with a promise of having the position ready for you at the agreed wage upon your green card approval). Therefore, you would likely need to start over and find another company to agree to sponsor you from the beginning of the PERM process.
As you only have 30 days left in your 60 day grace period, you will need to either find a way to maintain your nonimmigrant status or leave the United States. To maintain your nonimmigrant status, you may try to find a company to hire you on your 6th year of H-1B, although this may pose a challenge to both you and the company since you would be capped at working for until November, and then you will need to find ways to maintain valid working status or stop working and go back to school, or leave the US. If you leave the US for a year, your 6 year H-1B allowance would reset, but you would need to win the cap lottery again or find a cap exempt employer to be eligible to work in the US. If you are lucky enough to find employment overseas with a multinational company with a branch or affiliate in the US, and you work in a year in an executive, managerial, or specialized knowledge capacity, then the company can transfer you to the US to work in its related company under L-1 status for 5 or 7 years.
Other ways of maintaining your nonimmigrant status include going back to school and changing your status to F-1 for the duration of your education, or changing your status to a “B” visitor, during which you may interview for future jobs. Best of luck to you.

2. Although the new job salary is $20,000 less than before, those I-485 applicants with higher salaries will not be affected 

A reader asks:
I have submitted my I-485 and recently received an offer base that is $20,000 yuan less than the base of the old company. I would like to ask, if I accept the offer and submit I-485J through the new company, and the salary is $20,000 less than the old company, will it affect the approval of I-485?

Alan Lee Esq. answers,
You would be relying upon a transfer of your case under I-485 J, which allows the labor certification and I-140 petition to remain valid if the I-140 petition is approved and the I-485 application pending 180 days, and the new job is in the same or similar occupation. Many factors are taken into account including job duties, SOC codes, job title, of which a $20,000 decrease is a factor to be looked at. It should be noted that $20,000 less when an individual is making a salary of $150,000 is less concerning than when the individual is making $50,000 or so under the labor certification.

3. Although your consulate office is listed in China, you may be able to have H-1B interview in Europe 

A reader asks:
Currently, I am in a small European country and plan to enter the United States to work in the near future. When the first H-1B visa address was chosen in China, there was a high probability that it would be checked. Considering that the current work is very tight and the check-in time is long, can the interview address be changed from China to the country where I currently am in Europe? Also can I get my passport back during the domestic visa interview?

Arthur Lee Esq. answers:
Even though you listed your consulate office as one in China when you filed your I-129 H-1B petition, you may be able to conduct your nonimmigrant visa interview in the European country that you are currently in. You may wish to check the consular post website to see whether it has guidance on its attitude toward third country nationals. If it accepts such cases or you are a resident in the European country, you can file a DS-160 with the European country after your H-1B petition is approved, and schedule an interview there. You may need to provide reasons why you are doing an H-1B interview in a third country rather than your home country–it is likely that a consular officer will be satisfied with your answer that you are currently living in that country and that it is much more convenient than going to China to conduct the interview. On your passport, a consular officer in this European country or China will take your passport to process the visa. The consulate may hold on to your passport for administrative processing if needed, but once a visa approval or denial is issued, you will have your passport returned.

Alan Lee & Arthur Lee, Esq. Q&As published on the World Journal Weekly on September 1, 2024：1. If I-485 has been waiting for more than 180 days, you can submit I-485J to change companies. 2. I-140 application will not affect the issuance of H-1B by the consulate. 3. There is nothing that says that an individual cannot hold two full-time H-1B positions at the same time

1. I-485 has been waiting for more than 180 days, you can submit I-485J to change companies.

A reader asks:
I am an H-1B programmer and have applied for EB-2, but the priority is not current yet. H-1B sixth year. I submitted I-485 using Form B in early October last year and had my fingerprints taken in December, but unfortunately, I was laid off. Recently, the original company was transferred, and I got an offer from another new company. The work intensity of the two cultures is almost the same. The new company offers a lot of money, which is a level higher. My understanding is that the original company can 100% protect the green card, but the new company offers a lot of money and the job content is also interesting. If the I-485 is less than 180 days, what is the probability of being RFE’d if I go to the new company to get the I-485? If I-485 is rejected and unfortunately, I am laid off again, can I still COS B-2 pending to buy time and find a job?

Arthur Lee, Esq. answers,
In this answer, I assume that you have an EB-2 I-140 already approved or that your EB-2 I-140 will ultimately be approved, and that your former employer did not rescind your I-140. As long as your I-485 has been pending for 180 days or more, you may put in an I-485J porting request. For the porting request to be successful, you must be in a job that is in a “same or similar” occupation as the position on your I-140. Since your priority date is not current, it is unlikely that you will receive any RFE since USCIS will not adjudicate your case until you have a date available. Anyhow, if you receive a request for further evidence, that is not a bad thing–this is an opportunity for you to file an I-485J porting request. Since you properly filed your I-485 in October and this question is now being presented in April, I believe that close to 180 days have elapsed from the filing of your I-485 application. In such a case, if you receive an RFE (which typically allows you 87 days to post a response), you can file an I-485J porting request in response to your RFE. As long as you file the I-485J response at least 180 days after you file your I-485 application, your porting application can be accepted. Therefore, if your RFE is issued at least 90 days after your I-485 submission, you are likely eligible for porting assuming your new position meets the eligibility requirements–just make sure that you don’t submit your RFE response with the I-485J until 180 days have elapsed from the filing receipt date of your I-485.
In order to protect your working status in case of an I-485 denial, you may consider extending your H-1B beyond a 6th year through an H-1B transfer/extension to your new employer. You may be eligible for the H-1B beyond the 6th year if your I-140 or PERM Labor Certification Application (ETA 9089) was filed more than 365 days ago or the I-140 is approved and the priority date is still not available. In this way, you will have extra time on your H-1B and can continue to file extensions until your green card application is approved or denied. If your adjustment of status is denied, you will still have the time remaining on your H-1B to continue working for your designated employer. During that time, and assuming that the denial reason does not impede the following, you may try again with the porting employer or try to find another employer willing to sponsor you for permanent residence.
If you do not take the H-1B extension route, you may still attempt to change status to B-2 to try to find a new job as interviewing for jobs is permitted under this status.

2. I-140 application will not affect the issuance of H-1B by the consulate.

A reader asks:
I haven’t been back to China for a long time. Currently, I have the I-140 approval letter and can only go back and apply for the H-1B visa before coming back. I-140 approval has not arrived yet. Is it difficult to return to China to apply for an H-1B visa? I wonder how long it will take to apply for H-1B now?

Alan Lee Esq. answers,
At this time, there appears to be more scrutiny of Chinese students, especially those in the STEM programs at the postgraduate level, by CBP at certain airports in the US. That being said, the H-1B visa is dual intent, meaning that you can have both immigrant and nonimmigrant intent at the same time. So the fact of the I-140 filing should not affect any decision concerning H-1B visa issuance at the consulate. Current consular wait times in China to get an appointment at the American consulate are 56 days in Shanghai if there is an interview and one day if no interview required. Also seven days in Beijing if an interview is required and one day if not. Please note that this does not take into account any further time after the interview if your case is placed under administrative processing.

3. There is nothing that says that an individual cannot hold two full-time H-1B positions at the same time

A reader asks:
I was recently laid off by my company, but I am still on the payroll, and the Termination Date is just after 180 days of my I-485 pending. Now, I have received an offer from a new company, and they want me to start work as soon as possible, preferably next month. However, I have two questions now: 1. Is it illegal if I start work before the Termination Date? Can an H-1B holder work two full-time jobs at the same time? If I start work before 180 days of my I-485 pending, can I pretend nothing happened and then submit my 485J after 180 days? 2. If neither is feasible, what should I do? Of course, I understand that it would be safer if I could postpone it to after the Termination Date, but the new company only gave a verbal offer. I am very worried that if I start work too late, they will not give me an offer.

Alan Lee Esq. answers,
I am sorry to hear that you have been recently laid off by your company, but it is favorable that your termination date is so long after the filing of your I-485. On the question of illegal employment if you join the company now, there is nothing that says that an individual cannot hold two full-time H-1B positions at the same time although it may be difficult to see how this can be done in terms of the number of hours in every day. Joining another company without a proper work authorization is not legal even if you have filed the I-485 application. If you have an EAD card through the filing of form I-765 with your I-485, you may be able to legally join the new employer. After the 180 days has passed, you and the new employer can file the I-485J supplement so long as the new position is in the same or similar occupation.

Article: THE SECOND PRESIDENCY OF DONALD TRUMP – WHAT COMES NEXT?

As published in the Immigration Daily on August 13, 2024

What is a second Donald Trump presidency shaping up to look like? Will Trump stop and smell the roses, happy that he is back in the White House and ease back into the routine of the Oval Office? One would hope for a mellower and happier Trump – that will unfortunately not be happening. He already has a playbook for action in the first 180 days in office to bring the nation back to the end of first Trump presidency. Although Mr. Trump denies knowing anything about the Heritage Foundation’s Project 2025 900 odd page document, “Mandate for Leadership”, https://static.project2025.org/2025_MandateForLeadership_FULL.pdf,  those who worked on the document include a number of former Trump officials and aides. A pattern with former president Trump is his transactional character, saying whatever he believes in the moment will help him including currently backing off on the abortion issue, making comments favoring electric vehicles now that Elon Musk is supporting his campaign financially (the Wall Street Journal reported the contribution size as $45 million per month, which Mr. Must later denied) when Trump previously said that Joe Biden’s encouraging the transition to electric vehicles would result in an economic “bloodbath” in the US economy, and now promising not to cut a penny from Social Security or Medicare after saying in March 2024 that there was a lot that could be done with entitlements in terms of cutting. So it is a long stretch to believe that he knows nothing of the report. On credibility, the Washington Post counted 30,573 false or misleading statements during Mr. Trump’s first tour of the White House.

On immigration, the main topic of this article, Mr. Trump and his advisors have promised a massive deportation effort aiming to remove as many as 20 million people from the US through forced expulsions and deportation camps. He has said that under his leadership, they would use all necessary state, local, federal, and military resources to carry out the largest domestic deportation operation in American history, including deputizing local police officers, and not ruling out the possibility of building new detention camps for processing deportations.

The enmity of Mr. Trump to immigrants has been astounding, saying that they poison the blood of the nation or that they come from shithole African countries or characterizing Mexican border crossers as rapists and criminals.

Specific proposals of the Heritage Foundation document include:

  • Ending the ability of US citizens to bring most classes of family over that they are able to presently sponsor.
  • Ending the Diversity Visa program under which persons without sponsors or US family members are able to have a shot at permanent residence through a lottery program, bringing diverse people from many countries into the US.
  • Revamping the H-1B program to bring in only the “best and brightest” at the highest wages while simultaneously ensuring the US workers are not being disadvantaged by the program.
  • Capping and phasing out the H-2A Visa program for agricultural seasonal workers although also presenting an opposition argument.
  • Consider phasing out the H-2B visa program for nonagricultural seasonal workers, and ensuring that the DHS Secretary will not use his or her discretion to increase the number of such visas above the statutorily set limits although also presenting an opposition argument.
  • Move USCIS to strive to increase opportunities for premium processing to expedite processing times since it provides an opportunity for a significant influx of money into the agency which is not currently available.
  • Bring back every rule related to immigration that was issued during the Trump administration and canceled during the Biden administration.
  • Examine and consider withdrawing or overturning every immigration decision rendered by the Attorney General during the Biden administration.
  • Target lawyers that the government labels as advancing completely meritless arguments before the immigration courts.
  • Instruct the State Department to allow national security concerns to dominate over diplomatic concerns in issuing visas under the Diversity Visa program, F student visa program, and J exchange visitor visa program – and to eliminate or significantly reduce the number of visas issued to foreign students from “enemy nations”.
  • Refocus Homeland Security Investigations (HSI) back on immigration offenses.
  • End ICE’s use of termination and administrative closure of cases in the immigration courts.
  • Instruct USCIS that the focus is not on giving benefits, but to return focus on vetting, examining the base eligibility of applicants, and fraud detection.
  • Take regulatory action to limit the classes of aliens eligible for employment authorization.
  • Prohibit the use of parole except in matters that are certified by the DHS Secretary for humanitarian or significant public benefit reasons – with the prohibition on the use of parole in any categorical circumstance.
  • Restrict prosecutorial discretion.
  • Withdraw and reissue a new regulation on criteria to determine which applicants for immigration are considered to pass the public charge requirement.
  • Repeal TPS (Temporary Protected Status) designations for persons from countries in distress.
  • Move Congress to permanently authorize E-Verify and make it mandatory although it is far from a perfect program.

These are some of the main changes in the field of immigration to be pursued in a second Trump presidency. The rapidity of the changes promises to be breathtaking. A new Trump administration would try to overwhelm opposition by the sheer number of immediate actions in the field. Of note is that the document would supercharge the power of the presidency in immigration and other fields by calling for the replacement of much of the federal work force with political appointees, who could be hired and fired at will.

Aside from the venom, immigrants – even undocumented immigrants – are beneficial to the country economically, culturally, and civilly. A number of studies over the years including one just conducted by the nonpartisan Congressional Budget Office in July 2024, “Effects of the Immigration Surge on The Federal Budget and the Economy”, concluded that a surge of immigrants already here and expected to come between 2021-2026 would lower the federal deficit by nearly $1 trillion over the next decade; that as most of the population would be of working age, they would draw less in terms of federal, state and local benefits although the CBO report did not take into account state and local costs; that they would pay $788 billion in taxes and generate $387 billion of extra federal revenue through their effects on the overall economy. This follows a number of articles over the years extolling the beneficial effects of increased immigration on the country’s economy. Culturally, immigrants have always enriched the melting pot of America in bringing their diverse languages, ways of living, food, religions, and points of view. And despite Mr. Trump’s eagerness to highlight every instance of immigrant crime, crime statistics show that immigrants commit crimes in far less numbers and percentages those of the general American populace. A study published by researchers from the University of Wisconsin–Madison in 2020, Undocumented immigrants far less likely to commit crimes in U.S. than citizens (wisc.edu) found that, compared to undocumented immigrants, U.S. citizens were:

Another study, titled “Comparing Crime Rates Between Undocumented Immigrants, Legal Immigrants, and U.S. Citizens”, also highlighted that U.S.-born citizens are more likely to be arrested for violent crimes, drug crimes, and property crimes relative to undocumented immigrants.

The US requires a President who is able to look at facts and not distort them for his or her personal ambition and political aims. A steady hand promoting the interests of the country is a necessity over a President frustrated in the fine details of governing and making wild stabs of decision-making based upon whatever is in his or her mind at the present moment. Considered decision-making based upon what is best for the country and not promoting a political agenda right or left is the mark of what will be a great President. From promised mass deportation efforts to the Heritage Foundation’s planned 180 days sprint to enact restrictive rules in immigration that have no benefit to the country, there is good cause to doubt that a second term for Donald Trump will lift the country.

Article: HANDLING OF §212 (D) (3) WAIVERS FOR DACA HOLDERS AND OTHER UNDOCUMENTED COLLEGE GRADUATES BY CONSULAR POSTS.

As published in the Immigration Daily on July y 24, 2024

Relating to the Executive Order of June 17, 2024, affecting DACA holders and other undocumented university and college graduates and the June 18, 2024, fact sheet put out by the White House, FACT SHEET: President Biden Announces New Actions to Keep Families Together | The White House that the announcement would allow individuals, including DACA recipients and other Dreamers, who have earned a degree at an accredited US institution of higher education in the United States, and who have received an offer of employment from a US employer in the field related to their degree, to more quickly receive work visas, the latest update to the Department of State’s “Easing the Nonimmigrant Visa Process for U.S. College Graduates (state.gov)” on July 15, 2024, sees the Department still seemingly directing its energies in awaiting only H-1B visa applications as, in answer to the question “How long are current interview appointment wait times for employment based nonimmigrant visas and overseas posts?”,  it said that interview wait times for H-1B visas are minimal at most of its overseas posts.

It further stated that updated waiver guidance for consular officers was issued on July 15, 2024. §212 (d) (3) waivers of inadmissibility are necessary in most cases for these classes of applicants to obtain visas at the consulates due to the 3 or 10 year bars attendant to remaining unlawfully in the US for six months or one year respectively after the age of 18. Although not going into detail on waiver procedure in the update itself, a look at the Foreign Affairs Manual changes (new parts in bold) https://fam.state.gov/fam/09FAM/09FAM030504.html shows the new guidance for consular officers:

9 FAM 305.4-3(C)  (U) Factors to Consider When Recommending a Waiver

(CT:VISA-2025;   07-15-2024)

a. (U) You may, in your discretion, recommend an INA 212(d)(3)(A) waiver for any nonimmigrant whose case meets the criteria of 9 FAM 305.4-3(B) above and whose presence would not be harmful to U.S. interests. Eligibility for a waiver is not conditioned on having a qualifying family relationship, or the passage of a specific amount of time, or any other special statutory threshold requirement.  The law does not require that such action be limited to humanitarian or other exceptional cases.  While the exercise of discretion and good judgment is essential, you may recommend waivers for any legitimate purpose of travel.

b. Unavailable

c. (U) You should consider the following factors, among others, when deciding whether to recommend a waiver:

    (1)  (U) The recency and seriousness of the activity or condition causing the applicant’s ineligibility;

    (2)  (U) The reasons for the proposed travel to the United States; and

    (3)  (U) The positive or negative effect, if any, of the planned travel on U.S. public interests.  NOTE: In general, you should consider cases where the applicant has graduated with a degree from an institution of higher education in the United States, or has earned credentials to engage in skilled labor in the United States, and is seeking to travel to the United States to commence or continue employment with a U.S. employer in a field related to the education that the applicant attained in the United States, to have a positive effect on U.S. public interests;

9 FAM 305.4-3(E)(2)  (U) When to Submit Applications to the Department for Review

(CT:VISA-2025;   07-15-2024)

a. (U) If an applicant or interested party requests a waiver after you decline to recommend one, you should refer the request to the Department for review if the case meets one of the criteria below.  Supervisor concurrence is required if you find that the applicant’s waiver request does not meet one of the listed criteria:

    (1)  (U) Foreign Relations:  Refusal of the NIV application would become a bilateral irritant or be raised by a foreign government with a high-ranking U.S. government official;

    (2) (U) National Security:  Admission to the United States would advance a U.S. national security interest;

    (3) (U) Law Enforcement:  Admission to the United States would advance an important U.S. law enforcement objective;

    (4) (U) Significant Public Interest:  Admission to the United States would advance a significant U.S. public interest including the positive effect of the planned travel on U.S. public interests described above in 9 FAM 305.4-3(C)(c)(3)

9 FAM 305.4-3(F)  (U) Waiver Expedite Requests

(U) As described in 9 FAM 305.4-3(C)(c)(3) with regard to recommending a waiver, there is a clear and significant U.S. public interest in asking CBP/ARO to expedite a waiver request if the applicant has graduated with a degree from an institution of higher education in the United States, or has earned credentials to engage in skilled labor in the United States, and is seeking to travel to the United States to commence or continue employment with a U.S. employer in a field that requires the education that the applicant attained in the United States. 

 The groundwork now appears laid for consular interviews although with no guarantee that the applicant will receive the visa. Inadmissibility grounds or doubts concerning the underlying petition may still derail the visa quest.

The Department of State appears prepared to entertain and expeditiously work with DHS on H-1B visa applications and inadmissibility waivers from DACA holders and other undocumented college or university graduates, but the Department update and FAM changes do not speak to any contemplated new program or other visa categories, a concern expressed in our last article, Article: Before Federal Register Notice Appears, Questions Relating to the Executive Order of June 17, 2024, Affecting DACA Holders and Other Undocumented University and College Graduates by Alan Lee, Esq – ILW.COM Discussion Board. The emphasis on H-1B visa applications may very well be centered on the dual intent character of the visa in that applicants do not have to prove nonimmigrant intent or a residence in their home countries during visa interviews. Because of the numbers limitation on cap H-1B visas (only 85,000 approximately per year) and the current severe competition making selection a form of “lottery,” many are eagerly awaiting the anticipated Federal Register notice to see whether the Executive Order’s scope will cover more than the H-1B program.

Alan Lee, Esq. Q&As published on the World Journal Weekly on July 14, 2024：1. Your EB-2 is nontransferable to a petition by your wife 2. Porting your Employment 3. For overseas immigrant case receipt, you can attempt to ask for assistance by emailing 4. You should stay with the employer for a period of time after obtaining permanent residence 

1. Your EB-2 is nontransferable to a petition by your wife

A reader asks:
I am the most common PERM EB-2, and I am waiting for the priority date to become current. My spouse is currently studying for a Ph.D. and hopes to apply for EB-1 in the future. However, since EB-1 also must wait for priority date now, we are considering whether to file NIW to get the priority date first, as the NIW priority date can also be used for EB-1 later so the EB-1won’t have to wait too long. I want to confirm that if my EB-2 has been current, it will be of no use to my spouse? My spouse still must take advantage of her own NIW? Does our situation mean that our applications are completely independent from each other? If one of us is fast, we can get married before submitting the I-485 together. Whether there is no need to get married in advance in order to prepare the I-485 a few years later?

Mr. Alan Lee Esq. answers,
The rule of thumb is that follow to join privileges or being able to join cases ends at the time that the principal applicant is approved for permanent residence. That being said, USCIS and/or American consulate posts are prone to be more suspicious of cases in which the marriage comes about when the permanent residence benefit is close. As to your specific thoughts, you are correct that your EB-2 is nontransferable to a petition by your wife.  Your wife filing and having an approved NIW petition would give her a priority date that could be transferred to a later EB-1 petition.  If you are doing one case and your intended spouse is doing another, those cases are independent of each other and the dependent can join at the I-485 or consular processing stage. If you choose to marry late, please be aware that the circumstances of your marrying may be looked at harder than if you married earlier.

2. Porting your Employment

A reader asks:
I am in the central part of the country and have encountered layoffs. My current situation is that H-1B expires on July 30. RD is 173 days as of July 30th. It’s a bit hopeless to find a job in the next few days to renew the H-1B. I-485 has been submitted, but it has not been completed for 180 days. Some people say that as long as I am not scheduled for a green card interview during this period, I shall be safe. Is that so? Can I transfer into an F-1 and wait for green card? Or do I need to change jobs? or hope that my green card will be approved on July 30? Asked Emma, ​​said my case was in NBC for more information. PD is September 2019 and it is already current. If I find a job, do I need to submit H-1B and I-485J at the same time?

Mr. Alan Lee Esq. answers,
Generally, an employer sponsoring an applicant for I-140 and I-485 should have the intent to offer permanent employment at the time that the employer signs off on the I-140 and the I-485 J “Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability under INA section 24 (J)”. If your I-485 pends for 180 days and you have a new employer in the same or similar occupation willing to continue your sponsorship and signs off on a new Supplement J, you can submit it to USCIS to attempt to port your employment to the new employer. In the meantime, you may consider applying for an EAD on form I-765 Application for Employment Authorization so that you can be available for employment with an employer other than your current one. Also you gave a certain date that your H-1B expires. Have you taken the 60 day grace period to find new employment into account? If you have a new employer willing to do so, it can also alternatively petition for a new H-1B on your behalf, preferably within the 60 day grace period.

3. For overseas immigrant case receipt, you can attempt to ask for assistance by emailing

A reader asks:
I recently applied for NIW. Because I applied from overseas, my $700 payment had been deducted, but I have not received a receipt number yet. I asked Emma today and she didn’t find my application information, and it has been more than a week since the fee was deducted. How long does it take to get the receipt number from Emma?

Mr. Alan Lee Esq. answers,
The good news is that your case has been accepted by USCIS since you somehow know that the $700 filing fee has been deducted. Receipts from USCIS for persons filing from overseas can cause headaches. We have seen receipts for overseas clients being returned to USCIS for non-delivery. A mailing address in the US may help as is having a legal representative in the US since USCIS would send a copy of any notices including receipts to the legal representative. Emma is not a tool focused on giving receipt information back to individuals. Receipts from USCIS to US addresses are generally received between 2-3 weeks from the time of sending out the petition or application to USCIS unless the case is filed online or through premium processing, in which case receipts come much sooner. You may attempt to ask for assistance by emailing lockboxsupport@uscis.dhs.gov. Hope that you receive your receipt soon!

4. You should stay with the employer for a period of time after obtaining permanent residence 

A reader asks:
I applied for EB-3 and wanted to get a green card. The reason why I wanted to get a green card was that I studied at the university in the United States and worked in the United States for five years after graduation. For nearly ten years, I felt that there were many ways out after getting a green card. I returned to China last year, and before that my green card was already current. Now I have the opportunity to transfer back to my old employer in the United States. I can submit I-485 and get a green card in one year. However, I plan to live in China long tern in the future, and I feel that the cost of returning to China after getting the green card is a bit high. In addition, I am a female, 29 years old this year. During the year after I returned to China, I didn’t find a partner in China. If I return to the United States for a year and delay another year, I will be 30 years old when I return to China. It will feel more difficult to find a partner or work in the workplace.

If the original boss supports the transfer back to the United States, he can apply for the L-1 visa and continue to use the previous I-140. If I am not with the current company, there will be no need for L-1 but H-1B, and no need to use the original I-140. I have about one year and five months left on my H-1B. I will need one year and 5 months to complete my PERM & I-140, then submit I-485.  Is there enough time?

Mr. Alan Lee Esq. answers,
I will assume that your calculation of about one year and five months left on your H-1B is accurate. If so, your timing plan is probably not viable in completing the PERM process through another employer. Currently it is taking approximately two years taking into account only the time required to obtain an ETA 9141 prevailing wage determination and the processing time of the ETA 9089 PERM application (19 months) which does not account for the further time required to set up the case and conduct recruitment along with preparing the I-140 petition. Your option to obtain permanent residence through a transfer back to your old employer and continuing the green card application appears more viable. Under either situation, you will have to stay with the employer for a period of time after obtaining permanent residence as US law requires an applicant through labor certification to show a commitment to work with the sponsoring employer. So you will have to think about timing and commitment in making your choice whether to come back to the US to pursue permanent residence or staying in China, your professed preferred long-term residence and marital location.

Alan Lee, Esq. Q&As published on the World Journal Weekly on July 7, 2024：Overseas immigration visa? Adjustment of status? Which is better?

Overseas immigration visa? Adjustment of status? Which is better?

A reader asks:
When I submitted my I-140, I chose IV at the suggestion of my lawyer, which means I will have an interview in Guangzhou. But I have actually been in the United States and I don’t plan to return to China in the future. So, can I change it to submitting I-485 in China? If so, when should I submit it? The problem now is that I recently had an I140 with a very late PD (PD is not C) passed, but I found that when I checked the case status, it showed that the case was sent to the State Department. I am confused, does this mean that I will have to go back to China and go to Guangzhou to apply for an immigrant visa in the future?

Mr. Alan Lee Esq. answers：
The initial question should be why your lawyer advised you to choose immigrant visa processing rather than adjustment of status. If the lawyer’s advice is sound, then it may be detrimental to you to try adjustment of status. You should probably have another discussion with your attorney before making a decision to switch to adjustment of status. Procedurally, it does not matter much that the I-140 petition is now with the State Department. If it makes sense for you to adjust status, you can file form I-485, and USCIS will generally recall the approved petition from the National Visa Center. You or your lawyer can also attach a statement on the I-485 application that your approved I-140 petition is now with the National Visa Center and asking it to request NVC to return the petition.

Alan Lee, Esq. Q&As published on the World Journal Weekly on June 30, 2024 1. I-485 has been submitted before being layoff, can apply for form I-765 2.  Withdrawal I-485 by mistake, attorney should rectify the situation as quickly as possible 3. Consular officers do keep historical records 4. It is not unusual that a principal applicant’s case will be adjudicated prior to that of the dependent

1. I-485 has been submitted before being layoff, can apply for form I-765 

A reader asks:
I am in the central part of the country and have encountered layoffs. My current situation is that H-1B expires on July 30. RD is 173 days as of July 30th. It’s a bit hopeless to find a job in the next few days to renew the H-1B. I-485 has been submitted, but it has not been completed for 180 days. Some people say that as long as I am not scheduled for a green card interview during this period, I shall be safe. Is that so? Can I transfer into an F-1 and wait for green card? Or do I need to change jobs? or hope that my green card will be approved on July 30? Asked Emma, ​​said my case was in NBC for more information. PD is September 2019 and it is already current. If I find a job, do I need to submit H-1B and I-485J at the same time?

Mr. Alan Lee Esq. answers,
Generally, an employer sponsoring an applicant for I-140 and I-485 should have the intent to offer permanent employment at the time that the employer signs off on the I-140 and the I-485 J “Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability under INA section 24 (J)”. If your I-485 pends for 180 days and you have a new employer in the same or similar occupation willing to continue your sponsorship and signs off on a new Supplement J, you can submit it to USCIS to attempt to port your employment to the new employer. In the meantime, you may consider applying for an EAD on form I-765 Application for Employment Authorization so that you can be available for employment with an employer other than your current one. Also you gave a certain date that your H-1B expires. Have you taken the 60-day grace period to find new employment into account? If you have a new employer willing to do so, it can also alternatively petition for a new H-1B on your behalf, preferably within the 60-day grace period.

2.  Withdrawal I-485 by mistake, attorney should rectify the situation as quickly as possible 

A reader asks:
I am currently preparing I-485 materials. Before my current company’s H-1B, a more complicated situation occurred. I would like to ask how to prepare the materials? The company made a personnel adjustment around April 2023, and I was not affected. However, the HR oolong put my name on the layoff list and sent it to the company’s lawyer to cancel the H-1B. The withdrawal application was submitted at that time. Later in September, I contacted the company’s lawyer. She realized that there was a problem before, so she quickly issued another H-1B application, added premium processing, and approved it quickly. The lawyer said that she was also applying to cancel the previous withdrawal application at the same time, so I now have two H-1B approval notices from the same company. According to the lawyer, the H-1B withdrawal application did not take effect, so there is no problem. Do I need to ask a lawyer for any documents to prove this? The I-485 documents only include the two H-1B approval notices. Do I need to submit documents for the application to revoke the H-1B and the subsequent revocation of the H-1B?

Mr. Alan Lee Esq. answers,
It appears that your company’s attorney attempted to rectify your situation as quickly as possible after you made her aware of the mistake. It is commendable that she was also attempting to cancel the previous cancellation notice to USCIS at the same time. On the I-485 application, it might be helpful to have the lawyer explain the entire sequence of events so that USCIS has a complete understanding of your situation prior to making an adjudication on your I-485 application. If possible, the lawyer can also use the opportunity to explain if and how you might still be eligible for I-485 adjustment even in the event that USCIS does revoke the first H-1B petition in April 2023.

3. Consular officers do keep historical records

A reader asks:
My status expired in 2018, so I had to apply for a dependent status. Later, I did not have a visa until my OPT expired. After moving to Canada, I was asked about the L visa, but I did not expect it and was not prepared, which led to the rejection of my visa in 2021. Now, more than a year has passed, and GK5 has passed. I want to try to go back with an L visa. However, because the L visa is valid for 5 years, the L visa I-797 used is still the same. I heard that in the United States, visa interviewers will not dig up such historical records after 5 years. Is this true? The last time my visa was rejected in 2021, I was asked about the rejection on the new DS160. Do I need to fill in the reason for the rejection directly? Is the specific explanation 212A6C? Or can it be said that I was not well prepared before?

Mr. Alan Lee Esq. answers,
Consular officers do keep historical records, and it is likely that your prior refusal will be on the database. You have said that the reason for rejection in the past was 212 A6C. That ground is inadmissibility for fraud or misrepresentation in attempting to enter the US. On the DS-160 nonimmigrant application form, there are two questions relevant to your situation – the first is, “Have you ever been refused a US visa, been refused admission to the United States, or withdrawn your application for admission at the point of entry? If yes, explain. When? Where? What type of visa?” and “Have you ever sought to obtain or assist others to obtain a visa, entry into the United States, or any other United States immigration benefit by fraud or willful misrepresentation or other unlawful means?”  To the first question, you would have to answer in the affirmative and answer the questions and state the circumstances that you believe are in your favor. If you believe that your explanation is thoroughly sufficient to explain that you did not commit fraud or misrepresentation, you may decide to answer “no” to the second question. The consular officer, however, should have a full understanding of the circumstances surrounding the prior denial when he or she finishes reading the DS-160 application.

4. It is not unusual that a principal applicant’s case will be adjudicated prior to that of the dependent

A reader asks:
I applied for EB-1B, and the waiting period has come. I just got my green card. My spouse and I submitted I-485, but it is still CRP. I would like to ask, is the subsequent review of the spouse’s status completely independent or will it have a certain impact?

Mr. Alan Lee Esq. answers,
A dependent spouse’s I-485 application is generally dependent upon the eligibility of the principal applicant, you. You have already received your green card, so that means that your principal case has been deemed approvable. The dependent will usually be approved if USCIS believes that the relationship is bona fide and that the dependent is not inadmissible to the US. Where marriages are concerned, USCIS may look into the marital relationship, especially if the couple married close to the time of submitting the I-485 applications. USCIS may also be conducting background clearances, and these are sometimes delayed. The agency wants to ascertain that applicants are not terrorists, have no criminal records or non-excludable criminal records, etc., before granting permanent residence. Dependents may also have had their own immigration file records in the past that USCIS will have to review before making a decision. It is not unusual that a principal applicant’s case will be adjudicated prior to that of the dependent.

Article: BEFORE FEDERAL REGISTER NOTICE APPEARS, QUESTIONS RELATING TO THE EXECUTIVE ORDER OF JUNE 17, 2024, AFFECTING DACA HOLDERS AND OTHER UNDOCUMENTED UNIVERSITY AND COLLEGE GRADUATES.

As published in the Immigration Daily on June 28, 2024

The June 18, 2024, fact sheet put out by the White House, FACT SHEET: President Biden Announces New Actions to Keep Families Together | The White House said that the announcement would allow individuals, including DACA recipients and other Dreamers, who have earned a degree at an accredited US institution of higher education in the United States, and who have received an offer of employment from a US employer in the field related to their degree, to more quickly receive work visas; and that recognizing that it is in our national interest to ensure that individuals who are educated in the US are able to use their skills and education to benefit our country, the Administration is taking action to facilitate the employment visa process for those who graduated from college and have a high skilled job offer, including DACA recipients and other Dreamers.

To facilitate this, the DHS Fact Sheet: DHS Announces New Process to Promote the Unity and Stability of Families | Homeland Security said that DHS will join the Department of State in an effort to more efficiently facilitate certain employment-based nonimmigrant visas for eligible individuals, including Deferred Action for Childhood Arrivals (DACA) recipients and undocumented noncitizens, who have graduated from an accredited US institution of higher education – by clarifying and enhancing the existing process, the Department of State’s policy will give US employers increased confidence that they can hire the talent they need, and that they will be able to quickly get to work – and that DHS will implement the Department of State’s policy update.

Does the Administration plan to only utilize existing pathways of nonimmigrant visas? Or is there planning for another type of program like entrepreneur parole that was declared by Executive Order in President Obama’s Administration? If not, the more common visas would appear to be H-1B specialized occupation workers, O-1 extraordinary workers, and TN professional visas for nationals of Canada or Mexico. If confined to the existing pathways, it would appear that the numbers to be benefited will be not be large except for TN as many of the undocumented, DACA holders and other Dreamers are from Mexico. Most H-1B visas are capped at 85,000 per year, and with the number of applicants selected for FY 2025 registration thus far only 25.6% (120,603 of 470,342 registration candidates) https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process, the addition of undocumented graduates without corresponding increase in H-1B numbers would only drive the percentage down. H-1B visas without numerical limit are available for cap-exempt employers, but those are confined to hirings by institutions of higher education, nonprofit organizations affiliated with institutions of higher education, nonprofit research organizations, and government research institutes.

The H-1B of all existing pathways is the ideal vehicle except for the limited numbers of available visas. It has the advantage over other visas except for L-1 intracompany transferee visas (generally inapplicable to the situation because of the requirement of prior overseas one year employment as manager, executive, or specialized knowledge worker) of being a dual intent visa meaning that applicants can still receive visas although they have no intent to return to their home countries. This is not the case with other visas which either require nonimmigrant intent or exist in a gray area. TN requires nonimmigrant intent.

F-1 optional practical training (OPT) and the possible follow-up STEM OPT do not appear to be work visa options according to the stated requirement that applicants have a high skilled job offer from an employer as OPT is generally seen as training in which the applicant is gaining skills rather than using them professionally. In addition, it is a visa requiring nonimmigrant intent.

It appears at this stage that the Department of State is mainly contemplating traditional visas that are precipitated by USCIS approval on form I-129, which likely means H-1B and O-1 petitions generally. Its communiqué, Easing the Nonimmigrant Visa Process for U.S. College Graduates (state.gov) in answer to the question “How Can an Individual Apply for Petition-based Nonimmigrant Work Visa?”  said “Before an applicant can apply for an H-1B or other temporary worker visa, US Citizenship and Immigration Services (USCIS) must generally first approve a petition for a nonimmigrant worker, form I-129… Individuals may apply for a nonimmigrant visa after USCIS has approved the petition…”

Assuming that work visa eligibility is established, coordination between DHS and the Department of State in the form of §212 (d) (3) expedited waivers of inadmissibility due to the 3 or 10 year bars attendant to remaining unlawfully in the US for six months or one year respectively after the age of 18 could solve the problem of return to the US on a temporary basis to work for undocumented graduates, but is there a contemplated solution for situations in which consular officers may have objections to the issuance of visas on other grounds? Would the failed applicants be allowed to return in some way?

For persons applying under TN, the Department of State would not be involved with waivers, and such would be a procedure handled solely by Customs and Border Protection (CBP) through its Admissibility Review Office (ARO).

While we highly applaud the Administration’s initiative, we hope that it has considered or will consider the above while publishing its Federal Register notice in the near term.

Alan Lee, Esq. Q&As published on the World Journal Weekly on June 2, 2024 : 1. After filing form I-485, you are not allowed to leave the US without advance parole 2. If you are not planning to immediately go to the US, don’t file EB-1A too early 3. B visa holders should be wary about submitting adjustment of status applications within 90 days of entering the US. 4. If it has been more than 30 days since you received the email, and you have not yet received your receipt notice, you can request online 5. For personal case inquiries, it is best to contact the USCIS Contact Center

1. After filing form I-485, you are not allowed to leave the US without advance parole 

A reader asks:
I reviewed a copy of my filing papers today and I found two mistakes: 1. There were two addresses one in the United States and the other in China, both of addresses were put down as the present address. My lawyer discovered these problems before and I made the correction.  Unfortunately, the submitted paper was still incorrect. I worry it will affect my I-485 filing, and I must stay in the US for an RFE. 2. The preparer’s signature on the last page of I-485J was signed by my lawyer in 2022, while the previous pages were all dated 2023. I am going back to China next month, and I don’t know whether I should wait in China or not. At present, my lawyer has not responded to me whether it will have any impact. Please tell me, how deadly are the problems?

Alan Lee Esq. answers:
On your first mistake concerning your address on the I-485 application, USCIS will generally send all communications to both you and your attorney, and so if you do not receive a letter from USCIS, your lawyer will most likely inform you of its contents. I will also assume that USCIS believes that you are inside the United States since it did not reject the I-485 application, which can only be filed by individuals physically present in the country. On the second mistake of the I-485J signed by the lawyer in 2022, that is probably not a major problem as the signature date could have been a mistake. Otherwise, USCIS could RFE for a new form. Kindly note that after filing form I-485, you are not allowed to leave the US without advance parole unless on H-1B or L-1 visa.  If not in the 2 classes, leaving without an approved advance parole is grounds for canceling the I-485 application.

2. If you are not planning to immediately go to the US, don’t file EB-1A too early

A reader asks:
I am an associate professor in China, my job is ok, and I can apply for EB-1A, and I think I have a chance to get a green card. Even if I obtain a green card, I am unlikely to go to the United States immediately looking for a job, because my child is only 7 years old, and I plan for him to go to college in the future.  For my child, I want to apply for a green card. I would like to ask, is it too early to apply now?

Alan Lee Esq. answers:
The basis of all employment-based green card applications including EB-1A is that the individual will immigrate to use his or her talent and skill in this country. If you are not planning to immediately go to the US to find a position, then it would appear to be too early for you to apply for EB-1A status. Your concern appears to be your child going to college, and since most children here enter college around the age of 18, that is over 10 years according to your plan. An EB-1A case takes approximately 2-3 years if everything goes well, and so if you made the application now and are successful, you would have to figure out how to maintain your green card for 7-8 years before your child is of an age to enter college in the US.

3. B visa holders should be wary about submitting adjustment of status applications within 90 days of entering the US.

A reader asks:
B chart is current, but I am in mainland China. Does B1 visa holder must submit I-485 after 90 days of entering the United States? My lawyer told me that if the B chart was about to be closed, I could submit I-485 directly even it was within the 90 days period, and it should not be any problem. Will I-485 be approved only when the A chart is current?

Alan Lee answers:
Generally speaking, individuals on B visas should be wary about submitting adjustment of status applications within 90 days of entering the US. Although the 90-day rule has been largely disavowed, many immigration officers may believe the taking steps to submit I-485 applications within a short period of time of entering the States may be indicative of a misrepresentation at the time of entry that the individual had nonimmigrant intent to return to the home country. That being said, you may have misunderstood your lawyer and he or she may have considered the pros and cons and thought that in your case with Chart B of the visa bulletin (dates for filing chart) about to be closed, the better strategy would be for you to file even if within 90 days of entry. If you file for the adjustment of status before Chart B closes, you will have to wait until your priority date exceeds the date on Chart A (final action date chart) of the visa bulletin before your case can be approved.

4. If it has been more than 30 days since you received the email, and you have not yet received your receipt notice, you can request online

A reader asks:
I received an email reminder from the USCIS on January 17 that the filing fee and expedited money for my case have been deducted, but I have not yet received the receipt notice in the mail. The mailing address is the address of my house where my roommate has been. However, I have set up mail forwarding to forward emails to my wife. Now, neither side has received it. Is this normal?

Alan Lee Esq. answers:
I assume that by this time you have already received further word from USCIS, and that your question was sent within 2 weeks of you receiving the email from USCIS in January. If you have mail forwarding, the US Post Office forwards the mail to the location for forwarding. Although it does not forward certain documents from USCIS, it will generally forward a receipt. Please note that it takes time for USCIS to generate a physical receipt to send out, and it also takes the post office time to forward the mail. If it has been more than 30 days since you received the email, and you have not yet received your receipt notice, you can place an eRequest online at https://egov.uscis.gov/e-request/intro.do , then click on “did not receive notice by mail”. Go through the form, fill in all your needed information, and specify that you did not receive your receipt notice.  Hopefully, your situation will be resolved before you need to submit an eRequest, but by submitting an eRequest, you will alert USCIS that you still did not receive your notice.

5. For personal case inquiries, it is best to contact the USCIS Contact Center

A reader asked:
I am in China. About three or four years ago, I submitted I-140 at an immigration agency through a friend’s recommendation. I asked many times during this period, but the other party said that there was no result and it was still pending. I asked the other party for a receipt number, but they refused to give it. I suspected that it was never submitted. In the past few days, I asked the artificial Emma on the official website of the Immigration Bureau to check the receipt number. I changed to 4 different artificial Emmas and provided them with my name, birthday, mailing address etc. They all said that it could not be found in the system.  Is it possible to prove that it was not submitted? My friend said that since it has been submitted for so long, Emma should be able to find the receipt number through my information. Is this true?

Alan Lee Esq. answers:
Emma is not designed to locate applications or petitions for which there is no receipt. For personal case inquiries, it is best to contact the USCIS Contact Center telephonically at 1-800-375-5283 and explain your problem to the USCIS representative. I do note that contact representatives run the gamut from being very patient to impatient and that an impatient one may not be disposed to search the system to see whether a petition for you has been filed. Hopefully upon getting through, the representative will be helpful.

IMMIGRATION NEWS THAT YOU CAN USE – FORMAGEDDON STARTING ON JUNE 3, 2024; A BLAH FOR THE JUNE VISA BULLETIN; USCIS PUBLISHED PROCESSING TIMES A WASTE OF TIME FOR F-4 CASES?

As published in the Immigration Daily on May 23, 2024

  1. Formageddon Starting on June 3, 2024.

Formageddon is coming on Monday, June 3, as USCIS will require mandatory use of the 4/1/24 edition on over 50 forms on that day. Previously, the 4/1/24 edition was only mandatory on 4/1/24 for Forms I-129 Petition for a Nonimmigrant Worker, I-129 CW Petition for a CNMI- Only Nonimmigrant Transitional Worker, I-140 Immigrant Petition for Alien Worker, I-600 Petition to Classify Orphan As an Immediate Relative, and I-600A Application for Advanced Processing of an Orphan Petition, So petitioners and applicants should check to ensure that the new form editions are being used on or after that date on the changing forms. This applies to popular forms like I-130 Petition for Alien Relative, I-485 Application to Register for Permanent Residence or Adjust Status, I-539 Application to Extend/Change Nonimmigrant Status, and I-907 Request for Premium Processing, etc. It should be noted that USCIS generally uses the postmark date to determine the form edition. As per its 3/29/24 FAQs, https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule, the postmark date on couriers like FedEx is the shipping date reflected on the courier receipt, and if there is no shipping date on the label, USCIS considers the date the sender printed the label to be the postmark date. If the label does not have a shipping date or print date, USCIS would then consider the postmark date to be 10 days before it received the package.  And in an ironic twist, USCIS is replacing the 4/1/24 edition with one dated 5/6/24 of Form I-941 Application for Entrepreneurial Parole, even before the 4/1/24 edition becomes mandatory for use!

  1. A Blah for the June Visa Bulletin.

The June visa bulletin, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-june-2024.html, had hardly any forward movement at all in both family-based and employment-based cases. A few of the relevant changes except for family-based changes for Mexico and Philippines-born were: FB (Family-based) final action dates: F-2A ROW (Rest of the World) moved up 5 ½ months to 11/15/21 and F-3 ROW two months to 3/1/10. FB dates for filing: F-3 ROW jumped three months to 9/1/10. EB final action dates: Nothing moved except India’s EB-3 and EB-3W moving one week to 8/22/12. EB dates for filing: no movement whatsoever. There are warnings in the visa bulletin that both EB-2 and EB-3 worldwide will most likely retrogress in July. For the month, USCIS continues to accept FB dates for filing and EB final action dates for applications for adjustment of status to permanent residence, https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-101 .

  1. USCIS Published Processing Times a Waste of Time for F-4 Cases?

The agency about a year ago revised its procedures to make it easier on its personnel and for the public when petitioners, applicants, and attorneys wish to check on the status of petitions and applications pending with USCIS. https://egov.uscis.gov/processing-times/. To that end, it gave processing time dates and even included at the bottom a specific date by which a formal inquiry could be made on a pending matter. We had occasion to interface with the system as USCIS’ published processing times (for 80% of its cases) have plummeted on F-4 I-130 sibling petitions in its service centers to within five years. The site indicates the service center in Nebraska is at 27.5 months, Potomac 42 months, Vermont 42.5, California 50, Texas 51.5, and NVC 55.5 months – and our clients with F-4 petitions pending since 2013 started calling. With the site allowing inquiries, we sent a number to the service centers only to receive the following common response:

Cases with F4 classification are considered to be out of processing time when they are still pending with USCIS and the visa bulletin date is less than one year ahead of your petition receipt date… Your case will be assigned to an adjudication officer no later than one year prior to the date of visa availability… If you have not received correspondence from USCIS within 45 days of the availability date, please check the USCIS website at www.uscis.gov or call the USCIS contact center at 800-375-5283 for updated processing time information.

The question is why USCIS would encourage F-4 petitioners, beneficiaries, and their representatives to inquire about the cases when it does not truly intend to work on them until the priority dates are close to becoming current. In the month of June 2024, the F-4 ROW date is only up to July 22, 2007, 16+ years away.