Criminal Waivers in MI, AC21 Portability and Update on H-1B Quota
I-192 Criminal Waiver Processing in Michigan
A U.S. Customs & Border Processing (CBP) press release announced that effective 11/1/10, persons filing an I-192 waiver application for entry at a Michigan port of entry must submit their application packet in person at the nearest land port of entry instead of through Sault Ste. Marie as previously required.
A precedent decision issued by the Administrative Appeals Office (AAO) regarding I-485 portability, found that where the I-140 has remained unadjudicated for 180 days, the petition must have been "valid" to begin with to remain valid with respect to the new job. Matter of Al Wazzan, 25 I&N Dec. 359 (AAO 2010).
The safest course of action in AC21 portability cases is to wait until the I-140 has been approved before changing employers.
H-1B Quota Update
The USCIS has updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 10/15/10, approximately 42,800 H-1B cap-subject petitions were receipted. USCIS has receipted 15,700 H-1B petitions for aliens with advanced degrees from U.S. institutions.
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