CSC Liaison Update : August 2002
Posted Sep 27, 2002
At MurthyBulletin and MurthyDotCom, we keep our readers current with the activities and policies of the INS regional Service Centers through articles like this update from the INS California Service Center (CSC). These highlights of the August 7, 2002 meeting between the American Immigration Lawyers Association liaison and CSC were gleaned from minutes, distributed to AILA members on September 19, 2002.
H1B Processing Times
As regular MurthyBulletin and MurthyDotCom readers may have observed, H-1 processing times have been getting longer and longer, especially at the California and Texas Service Centers. It is not at all unusual for an H1B petition to take six months or longer. According to the CSC, the primary reason for this delay is the requirement for "IBIS" background.
Additionally, there have been changes in the priority given to various nonimmigrant case types. CSC confirmed that, right now, the key focus is on L-1s, Premium Processing Program cases, and I-539s (extension or change of status for non-working categories such as B-2 and F-1.) Emphasis on I-539s is largely due to the new rule requiring persons with F-1 student status pending to wait until approval before starting the study program. Non-Premium Processing H1B petitions are now the lowest priority, so we do not expect processing times to improve in the near future.
I-140 Premium Processing
Premium Processing for I-140s is on hold. No estimate was offered as to when the program may be implemented in the future.
I-140/I-485 Concurrent Filing
Since the rule allowing concurrent filing was issued on July 31, 2002, many questions have arisen that remain not fully answered. For example, it appears that the AC21 portability provision operates the same way for an I-485 filed concurrently with an I-140, as it would for an I-485 filed based on an already approved I-140. Many of these issues cannot be answered by the individual Service Centers but, rather, are under consideration by INS Headquarters. We expect that INS Headquarters will issue further guidance.
Regarding the question of whether the I-140 would be decided before issuance of the EAD, CSC indicated that the EAD must be processed in 90 days. Therefore, it appears EAD processing is independent of the I-140.
CSC suggests clearly marking concurrent filings on the outside of the envelope to ensure that they are routed correctly within the Service Center.
Obtaining Corrected Documents After Approval
Please note that, due to space limitations, CSC can keep a file for only 21 days after the case is completed. The file is then sent to storage. If an approval notice has incorrect information, it is important to request the correction as soon as possible. Once the file has gone to the National Records Center, it can take a while to have it pulled from storage. Corrections are more easily made while the file is still on site at CSC. A fax procedure exists at CSC to request corrections with which your attorney should be able to help you.
For correcting EADs (employment authorization cards), there is a correction form attorneys can send with the original, incorrect card and a copy of the card with the error clearly marked.© The Law Office of Sheela Murthy, P.C.
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