Vermont Service Center Update : October 2003

As regular MurthyDotCom and MurthyBulletin readers are aware, the American Immigration Lawyers Association (AILA) has periodic liaison meetings with the U.S. Citizenship and Immigration Service (USCIS or CIS) and other government officials. This week, we share some recent information from the Vermont Service Center (VSC) of the CIS.

Referrals for Lack of Receipt Notices

VSC was asked how it responds to inquiries from the National Customer Service Center (NCSC) from people who have not received receipt notices for cases that they have filed. There are reported problems of people having been told by the NCSC that they cannot help them unless they have a receipt number.

The VSC stated that non-receipt of receipt notices is a category that was established from the beginning as one that should be referred for further assistance from the NCSC to the VSC. The NCSC is supposed to take the request, after asking the caller to examine the cancelled fee payment check to see whether a receipt number has been indicated on the check. The VSC promised to review the procedures for this situation.

Approvals or EADs with Errors

People often receive approval notices or employment authorization documents (EADs) on which errors have been made by the CIS. We most frequently see typographical errors resulting in the misspelling of names. We also see mistakes in the categories (such as an L-1 instead of an H1B, or approving the H-4 dependent spouse for an H1B), and wrong photos on the EADs (often switching the husband's photo with the wife's). This can be quite frustrating. The VSC has stated that they will handle requests for corrections on an expedited basis and waive any applicable fees.

RFE Delays

VSC was asked about lengthy delays in receiving Requests for Evidence (RFEs). They replied that RFEs are mailed within one business day of the RFE date. They said that they audit the process and have been meeting this one-day timeframe over the past several months. We at The Law Office of Sheela Murthy do not see many RFEs from VSC that take extraordinary periods to reach us. We are aware that there have been instances of RFEs seemingly getting lost in the mail, so that it becomes necessary to request a reissued RFE.

NAICS / SOC Codes

Forms I-140 and I-129 require codes known as the Standard Occupational Classification Code (SOC) and the North American Industry Classification System (NAISC). The VSC confirmed that the information is used for data collection purposes only, and the choice of code classification does not affect the outcome of a case.

Case Transfer to NVC

According to VSC, approved petitions set for consular processing are transmitted to the National Visa Center (NVC) within one to two weeks of their having noted the case as being sent to the NVC. They cannot account for the time it may take the NVC to update their records.

VSC indicates that problems arise when the petition gets lost in the transfer process, or the system is updated to show that a case was transferred but the case is not a transfer case, or the case is never actually transferred. Currently, the only way to address the issue is to write to the VSC. An Information Officer will then research the case. They acknowledge the need for an improved system to address these cases.

We appreciate the VSC's willingness to provide us with guidance on their procedures. We also appreciate their desire to improve some of the areas where problems arise in the immigration process.