VSC Liaison Issues (Jan. & Feb. 2001)
Posted Mar 18, 2001

From time to time in the MurthyBulletin, we report on meetings and teleconferences between INS officials and attorney representatives of the American Immigration Lawyers Association (AILA). We present below some highlights of a January 31, 2001 AILA teleconference with the INS Vermont Service Center (VSC).

Processing Times for H1B and I-140 Petitions

As of January 31, 2001, the processing time for H1B petitions was down to the INS agency-wide target of 60 days. However, VSC was not sure whether that pace could be maintained for long, implying that delays could develop again. With respect to I-140 (employment-based immigrant petitions), INS was still not processing any newly filed cases, just deciding cases on which additional information had been requested by INS and provided by the company. We had reported in an earlier issue of the MurthyBulletin that I-140 processing was on hold. When we have any news about a resumption of I-140 adjudication, we will provide an update.

Returning Petitions that are filed at an Incorrect Location

When the VSC identifies a case in the mailroom that should be filed with a different Center, they return the case to the employer or attorney who sent it, with a Rejection Notice placed on top. The Notice provides instructions as to where the package should be sent. Most improperly filed packages are identified in the mailroom, but if the mailroom should accept the case for processing and someone notices the error at a later point, then VSC takes the initiative to re-route the case to the Center where it should be processed. In such a case they may send a notice to the petitioner or attorney indicating where the package was re-sent.

Note that for H1B petitions, the regulations state that the case should be filed where the employee will be working, regardless of where the employer is based. If the job requires work in multiple locations, then the petition should be filed with the Center having jurisdiction over the petitioning employer's main place of business.

Seventh Year H1 Petitions Under AC21

As our readers are aware from reading our previous MurthyBulletins there are two provisions of the American Competitiveness in the 21^st Century Act (AC21) of October 17, 2000, that allow for extensions of H1 status beyond the usual 6-year limit. One section allows for an extension if the Green Card process has been started at least 365 days before, and either the I-140 or I-485 is still pending. The other section allows for an extension if one has an approved I-140 petition but is waiting for the priority date to become current. VSC, like the other INS Service Centers, is still holding all the petitions for extensions beyond 6 years, and will not process these cases until further guidance is received from INS Headquarters.

In a separate discussion on February 22, 2001, INS Headquarters confirmed that such cases were still being held as of that date. Hopefully, the needed instructions will be issued shortly.

New K Visa Status for Spouses

As with the 7^th year H1Bs under AC21, K petitions for spouses of U.S. citizens filed pursuant to the Legal Immigration and Family Equity (LIFE) Act of December 2000 are also being held. VSC has received many I-129F petitions (the form used for K1 fiances) filed for spouses of U.S. citizens. However, it is not even clear that this is the correct form to use. The Service Centers are waiting for guidance from INS Headquarters as to the procedure, required documentation and criteria for the K spouse cases.