Case-Status Inquiry and Immigration Processing Time for Pending Form I-129 Work Visas

On May 10, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that on April 21, 2016, it has begun accepting an inquiry from a petitioning employer who has filed a change-of-employer or extension of status for Form I-129, Petition for a Nonimmigrant Worker that has been pending for 210 days or more.  A petitioner may submit an inquiry by calling USCIS National Customer Service Center (NCSC) at 1-800-375-5283 (TDD for deaf and hard of hearing: 1-800-767-1833).  A petitioner must provide NCSC with inquiry information such as the case number (as listed on the USCIS receipt notice) and that the case has been pending for 210 days or more.  

USCIS reminds all customers with pending cases to notify USCIS of the address change by mail via form AR-11 or online at https://www.uscis.gov/addresschange; and additionally, to request an update of the address for any pending cases through NCSC or https://www.uscis.gov/addresschange. 

Form I-129 applies to immigration petitions for work visas such as H-1B visa, H-2B visa, H-3 visa, L visa, O visa, P visa, Q visa, R visa, certain E-1 visa, certain E-2 visa, certain E-3 visa. 

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our cases including, but are not limiting: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; National Visa Centers; filing cases with USCIS; filing cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

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• Online or Paper Filing, or Both, for Change-of-Address Forms AR-11 and AR-11 SR?

Online or Paper Filing, or Both, for Change-of-Address Forms AR-11 and AR-11 SR?

During an open house informational session held on March 5, 20 11 by the U.S. Citizenship and Immigration Services (USCIS) in Fairfax, Virginia, it is suggested that, due to system-interface issues, Change-of-Address applicants should consider filing paper change-of-address forms in addition to online filing to increase the chances that pending applications also accurately reflect the applicants’ new addresses. 

Starting March 15, 2011, all Change of Address forms (AR-11 and AR-11 SR) must be sent to a new location in Harrisonburg, Virginia.

Most foreign nationals and each dependent family member in the United States are required to notify the U.S. Citizenship and Immigration Services (USCIS) with updates of any address changes within ten (10) days of such change via Change of Address form (AR-11, or AR-11 SR for special registration foreign nationals). One separate form must be filed for each applicable foreign national.  Change of Address form is also used for changing a foreign national’s address for a pending immigration application.

This Change-of-Address requirement also applies to green card holders.

Certain exceptions apply to the Change-of-Address requirement.  For example, non-U.S.-citizens under 14, or holding A or G status do not need to file the Change of Address form.  U.S. citizens are also not required to file an AR-11 Change of Address form but if a U.S. citizen has previously submitted a Form I-864  on behalf of someone who has become a permanent resident, the U.S. citizen is also legally required to notify the USCIS by completing a Form I-865 a Sponsor’s Change of Address form, within ten days of the completion of the move.  Form I-865 can be located at USCIS website at

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1ba892623014d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD .

For those subject to the AR-11 Change-of-Address requirement, failure to timely file the Change of Address form may be a ground for removal from the U.S.

On February 28, 2011, the USCIS announced that as of March 15, 2011, all Change of Address forms (AR-11 and AR-11 SR for special registration foreign nationals) will change filing locations, and must be sent to the following address: 

DHS/USCIS

Harrisonburg File Storage Facility

Attn: AR-11

1344 Pleasants Drive

Harrisonburg, VA 22801

The USCIS will forward Change of Address forms (AR-11 and AR-11 SR forms) mailed to the old location to the new filing location for 45 days beginning March 15, 2011 until April 28, 2011.

In addition, applicants continue to have the option to file their Change of Address form online or electronically with the USCIS at: https://egov.uscis.gov/crisgwi/go?action=coa .  Both AR-11 and AR-11 SR forms can be submitted online at this USCIS website.

The USCIS announcement did not specifically address what would happen to Change of Address forms (AR-11 and AR-11 SR) mailed to the old address after April 28, 2011.  Since the USCIS has indicated that it would only forward Change of Address forms filed to the old address until April 28, 2011, after this date, these Change of Address forms sent to the wrong address would, therefore, be considered improperly filed or rejected.

In minimizing erroneous filing location and for other reasons, Change-of-Address applicants may consider filing their AR-11 or AR-11 SR forms online in addition to paper mailing.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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