USCIS Discusses H1B Receipts, I-140 Premium Processing, More
Posted Mar 28, 2008
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The USCIS Service Center Operations (SCOPS) held a March 5, 2008 teleconference with the American Immigration Lawyers Association (AILA) on important matters of adjudication and procedure. Of particular interest to MurthyDotCom and MurthyBulletin readers, are USCIS issuance of H1B receipt notices only for cap cases selected under the FY2009 random lottery, the name change procedures for I-485 applicants, possible additional time to file extensions for Advance Parole (AP), and possible reinstatement of the premium processing service for I-140 Immigrant Petitions.
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H1B Receipt Issuance Only for Cases Selected under Random Lottery
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During the teleconference, the USCIS indicated that only H1B petitions selected in the lottery will be issued receipt notices. Last year, some H1B petitions were issued receipts before the lottery and without consideration for whether or not they were accepted for processing. This created significant confusion. Some petitioners who were issued the receipt notice assumed that their filings were accepted for processing when, in fact, they were refused later through the lottery. To avoid this confusion, the USCIS will conduct the H1B lottery before issuing receipts for H1B petitions accepted for processing for FY2009. In anticipation of the rush of cap-subject H1B filings that will begin April 1, 2008, the USCIS has alerted the U.S. Postal Service and the courier services to the increased volume of mail expected.
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Procedure on Name Changes While I-485 is Being Processed
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Because of the length of time that many to Adjustment-of-Status Applications (I-485s) remain pending, it is not uncommon for an applicant to have occasion to change her/his name as a result of marriage or other circumstances. The USCIS has indicated that one who changes his/her name while the I-485 is pending should mail the request for name change to the USCIS, addressed to the P.O. box of the original I-485 filing. The applicant should provide proof of the name change and enclose a copy of the I-485 receipt notice.
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Request for Earlier Date to File Extensions of Advance Parole
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AILA has suggested that the USCIS consider accepting applications for Advance Parole (AP) extensions earlier than 120 days in advance of the expiration date of the existing AP. This was prompted by the fact that many individuals, who received their APs in the second half of 2007 as a result of the high volume of I-485 cases filed in the summer 2007, will be extending their APs at about same time, creating an influx of filings. If the USCIS allows applicants to request extensions earlier, then the filings could be spread over a longer period of time, relieving USCIS efforts to adjudicate all of them at the same time, resulting in delays in processing AP extensions. The USCIS agreed to consider this proposal.
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I-140 Premium Processing Possible in "Waves," or Batches
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The USCIS has been considering the reinstitution of premium processing for I-140 petitions in waves. As regular MurthyDotCom and MurthyBulletin readers will recall from our July 6, 2007 article, USCIS Suspends I-140 Premium Processing : July 2007 and our August 3, 2007 article, Suspension of I-140 Premium Processing Continues, premium processing for I-140 petitions was indefinitely suspended in July 2007. This has created a number of problems and inconveniences for people who need to have the decisions on their petitions expedited. Those who need their I-140s approved before they are eligible for additional time in H1B status, for example, would greatly benefit from the return of the premium processing service.
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The USCIS is currently reviewing its case load to determine whether it will be able "to commit to the 15-day turnaround," since its goal is to resume premium processing only if it is able to process I-140s and other cases in a timely manner. It may consider premium processing for certain types of applicants before others, depending upon its case load. The USCIS benefits tremendously from the additional revenue of $1000 per person, per premium case, so it is motivated to resume I-140 premium processing at the earliest opportunity.
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Conclusion
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We at the Murthy Law Firm urge the USCIS to take the action needed to resume I-140 premium processing. It could have positive results for all concerned - the USCIS, employers, and employees who need to extend their H1B status in the U.S. Permitting earlier AP extension filings would also benefit foreign nationals who need to travel internationally, for business and personal reasons. We will keep MurthyDotCom and MurthyBulletin readers updated on any new developments on these important matters of concern.
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