CSC Updates
Posted Jan 14, 2005
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Delegates from the American Immigration Lawyers Association (AILA) met with representatives of the California Service Center (CSC) on December 15, 2004. We have summarized highlights of that meeting that are of particular interest to MurthyDotCom and MurthyBulletin readers.
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Fingerprinting Approximately 42 Days in Advance
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AILA inquired as to why some fingerprints have not been scheduled for I-485s that are past the stated processing times. The CSC explained that some Application Support Centers (ASCs), which take the fingerprints, are booked several months in advance. Under current procedures, an appointment notice is not sent to the applicant more than 42 days before the appointment date. This does not mean that all notices will be sent 42 days in advance. The notices could be sent less than 42 days before the appointment.
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Wrongful Rejection of 245(i) Cases
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A question was asked about wrongful rejections relating to Adjustment of Status (I-485) cases filed under 245(i) provisions for certain persons who are out of status / unlawfully present. The CSC advised that, if an applicant feels that a 245(i) filing fee was improperly rejected, the applicant should resubmit the $1000 fee and proof of eligibility for 245(i) benefits and mark the submission with "Request Supervisory Review Prior to Rejecting."
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Minimum Qualifications for LC

The CSC agreed that, if a labor certification requires a bachelor's or equivalent foreign degree in a certain field of study, the beneficiary will still be considered qualified for the position at the I-140 stage if s/he has a master's degree in that field, even if the bachelor's degree is in another field of study. This is logical, since the labor certification sets forth minimum qualifications for a position.
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H1B Extension if 5 Months or Less Remaining
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The CSC confirmed that it will accept an H1B extension petition up to 180 days prior to the expiration of the H1B for a 7th-year extension. They further confirmed that if, at the point of filing, the beneficiary has 5 months or less remaining before reaching the 6-year limit, the CSC would grant an extension for one year plus that extra time. This is a welcome policy, as it avoids the necessity to submit multiple filings in the situation where one has a small amount of time left on the six-year H1B period, but is otherwise qualified for a 7th-year extension.
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Health Care Certification Required
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The CSC stated that it will not grant waivers to health care workers seeking to change status, extend status, or seeking admission to the U.S. in one of the relevant health care occupations if the individual does not have health care worker certification. Information on the topic of health care worker certifications is available in our October 10, 2003 article, USCIS Memo on Certification of Health Care Workers, available on MurthyDotCom.