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Beginning October 23, 2006, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center began transferring Form I-129F, Petition for Alien Fiancée (petitions for K-3-spouses of U.S. citizens only), to the California and Vermont Service Centers. This transfer is being implemented in preparation of the USCIS initiative to use centralized filing. Form I-129F petitions approved by USCIS will be forwarded to the National Visa Center in Missouri for consular processing.

USCIS has implemented this process change because most K-3 beneficiaries apply for lawful permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, following their arrival in the United States , as opposed to using their approved Form I-130 petition to apply for an immigrant visa abroad. By retaining the approved Form I-130 petition at the NRC, USCIS will reduce unnecessary file movement and eliminate applicable costs and fees associated with immigrant visa processing.

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This week, U.S. Citizenship and Immigration Services (USCIS) issued a press release announcing that it has reached the maximum number of petitions to reach the Congress-mandated H-2B cap for the first six months of Fiscal Year 2007. This press release is to notify the public that November 28, 2006 was the final receipt date for new H-2B worker petitions requesting employment start dates prior to April 1, 2007. USCIS will utilize a computer-generated random selection process for petitioners who submitted petitions before November 28, thus making them subject for eligibility.

Additionally, USCIS will continue to process petitions filed to extend the stay of a current H-2B worker in the U.S and change the terms of employment for current H-2B workers and extend their stay. For current employers of H-2B workers, USCIS will allow them flexibility by encouraging them to request eligible H-2B “returning workers” and allow changing or addition of H-2B employees.

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Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
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Email: info@visalaw.com

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