CSC Quarterly Liaison Meeting with AILA
Posted Nov 27, 2000

From time to time we report in the MurthyBulletin on discussions between INS officials and representatives of the American Immigration Lawyers Association (AILA). On November 1, 2000, a quarterly meeting was held at the California Service Center (CSC). The meeting covered a broad range of issues. We report below on some of the topics of interest to our readers.

"Vacant" Indicated on Processing Time Report

Each INS Service Center includes slightly different information in their processing time reports. The CSC report, which they call a "Just In Time" report, has puzzled many visitors to our WebSite. (The INS Service Centers provide the processing time information to AILA, and AILA makes some changes to the format and posts it on their website. We then post the information on our site, courtesy of AILA.)

Instead of processing times, such as "60-90 days" the CSC chart contains dates. The date is the receipt date of the last case that was taken off the shelf and assigned to an officer. Sometimes, instead of a date, the word "vacant" is indicated next to a case type. At the quarterly meeting with AILA, CSC officials explained that this means there are no cases of that type on the shelf where the new cases are kept. Rather, all of the cases have been distributed to officers to work on. So "vacant" may actually be good news, indicating that the cases have all been distributed to INS officers for processing. CSC suggests monitoring the chart from one month to the next - most likely the following month will indicate a date instead of "vacant."

I-485s with Retrogressed Priority Dates

Although the priority date must be current when filing the I-485, from time to time after the I-485 is filed there is a change in the U.S. Department of State's Visa Bulletin chart that causes the date to no longer be current. This type of backward movement is referred to as "retrogression" of the dates. For example, in August 1999, there was a major advance in the cut-off dates and large numbers of employment-based applicants' priority dates became current and they were allowed to file their I-485s. As some of you may recollect, the dates later retrogressed in March 2000. Since the I-485 cannot be approved until the date once again becomes current, INS Service Centers are holding large numbers of I-485 cases, waiting for the priority date to become current.

CSC officials explained that they shelve these cases in priority date order. Each month, when the Visa Bulletin chart is issued, an officer pulls those cases that have become current. The case is then put on the active shelf to be assigned to an adjudicating officer.

I-140 Processing Time

The CSC says the processing time should be within 90 days for cases with current priority dates. Other cases are taking longer.

Successors in Interest at I-485 Stage

As we have reported in previous issues of the MurthyBulletin, the INS is requiring I-140 petitions to be re-filed when the employer experiences a corporate change such as a merger or acquisition. The CSC advised AILA that if the I-485 is pending, the CSC does not necessarily expedite the I-140 or hold the I-485 in abeyance. When the new I-140 is filed, however, it should be flagged to indicate that there is a pending I-485, and request that the new I-140 be transferred to the existing I-485 application.

I-140 Petitioners that are Pre-Revenue

Particularly among technology start-up companies, it is fairly common for an employer to be well funded and meet all its salary and other financial obligations, but to be still operating at a loss. AILA attorneys asked what type of documentation such an employer should provide when filing the I-140 Petition to prove that it can afford to pay the salary offered to the beneficiary. The CSC suggested providing evidence of funding, and also an explanation of the long-term plans for the beneficiary's permanent position with the company. The Law Office of Sheela Murthy, P.C. also suggests providing W-2s for the beneficiary and other employees; financial statements prepared by an accountant, if available; evidence of bank balances, etc. Additional, helpful items may vary from case to case.