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Q. Case Status for Form I290B, NOTICE OF APPEAL TO THE COMMISSIONER

지역California 아이디l**drove**** 공감0

조회4,234 작성일10/1/2009 8:32:46 AM

Hi,
I filed form i290b for my h1b visa on June 24th, 2009. I am still waiting for answer. I have not heard them since I received a notice letter from the USCIS on June 30th, 2009. My question is that how long does it take for them to review and make a decision for my H1B visa case. Some people told me If I get rejected, they will send you a letter immediately, my case is still pending. It has been almost more than 3months now. Today is October 1st, 2009. I do not know what to do now. I checked my case status online. It said,

Initial Review
On June 30, 2009, we received this I290B NOTICE OF APPEAL TO THE COMMISSIONER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.

During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.

If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131, I-130 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or biometrics taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule.

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전문가 답변글

이요한 님 답변 답변일 10/4/2009 6:25:44 PM

It is very difficult to estimate the processing time for I-290B Motion to Reopen case. If you would like to know about the USCIS’s formal processing time, please visit www.uscis.com.

For your reference, I am providing this opinion based on my case experience as an immigration law practitioner. Sometime, the USCIS determines the Motion to Reopen cases within three (3) months. However, I have seen cases, which take more than a year. If you have retained an attorney, you should ask your attorney to monitor the case process. Meantime, you should maintain your non-immigrant visa status in order to preserve your current immigration status. Hope this information would be helpful for you.

Yohan Lee, Attorney at Law