CSC/NAFSA LIAISON MEETING ON STUDENTS VISA

Posted by Jeff Xie on December 15, 2007 at 12:32:25

CSC/NAFSA LIAISON MEETING
QUESTIONS
CALIFORNIA SERVICE CENTER
March 1, 2006
Additional points that were discussed at the meeting have been added in “blue”.
Kim Jackson & Judy Mitchell

The NAFSA/CSC liaison meeting began with a brief update on the transition to bi-specialization by
Rose Prince, Deputy Center Director. Bi-specialization refers to CIS’ multiphase plan to organize the work of the four service centers – Vermont (VSC), Nebraska (NSC), Texas (TSC) and California (CSC) - by form, not by the geographical area of the petitioner/applicant. The tentative start dates for each phase are as follows:

April 1, 2006 – all H-1B (only) Form I-129 petitions to CSC and VSC
July 1, 2006 – all I-129 petitions to CSC and VSC
September 1, 2006 – Forms I-129, I-539, I-130, I-751, I-817 to CSC and VSC

CIS is working on a press release - very little details are known at this time.
Both CSC and VSC will do premium processing. It is expected that all petitions to be adjudicated at VSC/CSC will be sent to VSC, which will receive them in and re-route as necessary. The premium processing clock will begin to tick once petition is received at VSC.

I-140/I-485 petitions will be adjudicated at NSC and TSC. I-140/I-485 petitions currently at CSC will remain at CSC. There is no plan to move already received I-140 or I-485 petitions off the shelf.

OPT

1. Students often have their checks cashed right away, and receive their EADs without delay, but many times do not receive a receipt. There used to be a term for it called "ghost receipts" because the computer showed they were sent out, but really they were not. Do you think this could be happening now?

Occasionally, our system would update as case received but would not automatically generate a receipt notice. If the applicant did not receive a receipt notice and system shows that a receipt was never sent out, CSC will send out a receipt notice directly to the petitioner or the applicant.

The problem on ”ghost receipts” occurred in late 2004 to early 2005. This particular issue has already been resolved.

2. If a student calls the 1-800 number to report a change of address for an OPT application, should we still email the I-765 email box with the Change of Address?

We recommend sending a follow up inquiry to CSC.StudentEAD@dhs.gov or CSCXII.765@dhs.gov. (Reminder: Inquiries sent to CSC.StudentEAD will be responded to on Thursdays and Fridays only).

3. What advantage does submitting online applications for OPT have over mail application processing? Are the on-line and mail applications processed together? Does CSC accept OPT apps by express mail?

The advantage to electronic filing is that the applicant will instantly receive a confirmation notice with a priority date and receipt number. The on-line and mail-in applications are processed in the receipt date order.

Yes, CSC accepts express mail.

4. How can a recommendation be made to update the on-line I-765 form so that tabbing is possible when filling out the form?

Presently, the e-filing system allows the user to use the TAB functionality to navigate through the application. The only fields that are not “tab friendly” are the round buttons or radio buttons and the check boxes.

5. It is unfortunate that once students receive their EAD card for OPT authorization they are unable to withdraw their OPT and they lose the entire 12 month allotment. Whereas, students who have applied for OPT and need to withdraw their application are able to do so as long as the EAD card has not been approved.

Can the CSC reconsider this policy for the sake of students who need to withdraw their OPT applications after receiving the EAD because of unexpected situations/circumstances?

When the EAD card has been issued, CSC does not track whether or not the applicant has used an EAD card. Therefore, we are unable to withdraw an approved OPT case.

Note: On some occasions, we may allow withdrawal of OPT after card has been issued if the DSO notified CSC PRIOR to the start date indicated on the EAD card.

COS

6. Is it necessary or even recommended to send proof of residence in the home country (other than the passport) when submitting a COS application to F-1?

Proof of residence abroad in its original language and a translation is necessary. This demonstrates that the applicant has a residence abroad to return to after completion of studies in the United States.

Household registry, home deeds, titles and/or a statement/letter from the student’s parents are examples of useful documentation.

7. In addition to the student's financial support for I-20 issuance (usually departmental support in our case), are copies of the applicant’s last 3 personal bank statements required to be submitted for a change of status to F-1?

CSC recommends submitting the last four original bank statements if the account is in the United States. Bank letters are NOT acceptable.

If the account is outside the United States, a bank letter is sufficient. Letter should be on the bank’s letterhead and signed by the issuing bank authority or representative. A translation is necessary if the bank letter is written in a language other than English.

8. When a student's COS to F-1 is not adjudicated within 30 days of the program start date listed in SEVIS, we are required to defer the student’s I-20 Form to the start date of the next applicable quarter. Does the CSC want this updated (deferred) SEVIS COS pending I-20 sent to them? If yes, what procedures should we follow in getting this updated I-20 to the CSC in a timely manner?

The adjudicating officer will check SEVIS Record to confirm if class start date has been deferred. The adjudicating officer may need to send out an RFE for a deferred I-20 if SEVIS Record is not updated.

M-1 Questions

9. Unstamped I-20 forms - If a student’s I-20 was not stamped by CBP (many CBP Officers are not stamping the I-20), but their passport and I-94 were stamped, will the CSC send an RFE requesting that the student submit a “stamped” I-20 when reviewing an application?

Usually, CSC officers will not RFE for a stamped I-20 if USCIS systems validate the information on the I-94. However, it is still necessary to submit the I-20 whether or not it has been stamped by CBP.

10. When an M-1 student applies for an extension of visa status, would CIS like original bank statements or can copies be submitted along with a letter from the DSO?

See response to #7.

11. Please list the required documents that the CSC would like to see when an applicant in F-1 status is submitting an I-539 change of visa status to M-1 status?

The basic documents required are original I-94, original and completed I-20, and a copy of valid or unexpired passport. Supporting documentations may include Evidence to establish that the applicant has the financial ability to remain in the United States and maintain enrollment and a statement regarding the reasons and justification for changing status.

For more information on the documentary requirements, please utilize our website at www.uscis.gov.

Plus the required I-901 fee.

I-612 approval notice

12. No objection waivers – when and how is it best to make an inquiry about a pending no objection waiver? We have scholars successfully change status from J-1 to H-1B with the Department of State recommendation letter (for waiver) included with the petition. Then the scholar needs to travel and do consular processing but they still do not have the I-797 approval notice for the waiver. Should we contact the liaison or Division V? What information should be provided? Does the I-129 WAC # suffice? Please provide guidance.

You may contact the NAFSA Liaison Officer by calling or sending an email inquiry at CSC.Schools@dhs.gov or contact Division XII at 949-389-3007 M-F between the hours of 9am and 2pm. If I-612 receipt number is not available, provide applicant’s name and date of birth and we will try to obtain case status through name search.

I-129 Form Question Part 4,1 Processing Information

13. For Canadian citizens, do we still need to provide the address of the US consulate? If so, do we check the “pre-flight” box or “port of entry” box? Please clarify the difference between these two. (I used to leave this blank for Canadian citizens. However, I received an RFE for the first time 2 months ago. The RFE asked for the address of the US consulate).

Ports of Entry (POE) are official entry points between the United States and a foreign country and are located on U.S. soil. Pre-Flight Inspection (PFI) are inspection points located in airports within a foreign country. At PFI’s, the US Border inspection occurs prior to boarding the flight, as opposed to the inspection occurring after landing. Most PFI ports are found in Canada, at major cities. Since Canadian citizens are exempt the visa issuance process, the I-129 is sent to the POE or PFI in lieu of a Consulate. With the advent of Kentucky Consular Center (KCC), this issue has become a greater concern, since misrouted cases cannot be easily rectified by the inspector telephonically contacting the office where the petition was sent.

14. What specific documents do you require for I-129 petitions filed to recapture time spent outside the country? Does CSC have access to the date from I-94 cards that record U.S. exit-re-entry dates? When the alien does not have airline tickets stubs from 5-6 years ago it is difficult to document U.S. exit dates.

Burden is upon the petitioner to show when the alien is outside the United States. The role of USCIS is to verify the information presented not provide it. The easiest way to establish this is through the use of charts and copies of all the passport pages.

15. What would it take to issue an EAD card for the length of a visa rather than just one year?

Regulation change. Approximately one year ago there was a plan to do this but it was dropped-reason unknown.