| Q. |
Notice Date or receipt date
This seems to be an issue that keeps coming up and we get different answers everytime from the immigration officers. How do they calculate processing times - by receipt dates or by notice date? Its a big problem for the July filers like me whose case was received on July 2007 but the notice was generated on September 2007.
User's Location:
Baton Rouge, Louisiana, United States of America
Category:
Employment-based Green Card
|
| A. |
Processing times should be calculated using the receipt date, not the notice date. I am sure some immigration officers would disagree, but they are wrong. Furthermore, please keep in mind that there may be other issues than just processing time. For example, the State Department's Visa Bulletin determines visa number eligibilty from month to month. For the next three months, there won't be ANY employment-based third preference adjustment cases approved (even if they were filed prior to the service center processing date ) because no immigrant visa numbers are available for the rest of this fiscal year. The next visa number availability for these cases will be October 1, 2008. |
| |
Maurice C. Inman, Jr.
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
|
| Q. |
Is this information available in any official document that we can refer the IOs to? Just when you think the dates are moving closer to your Receipt Date, they throw another curve ball! |
| |
|
| A. |
The information is not in any official document or regulation that I am aware of; we have been told by USCIS personnel that the receipt date, not the notice will control in most situations. |
| |
Maurice C. Inman, Jr.
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
|
