ISD
Liaison Minutes (8/8/02)
Cite as "Posted on AILA InfoNet at Doc. No.
02081343 (Aug. 13, 2002) ."
Summary of August 8, 2002 ISD Teleconference
- Please advise as to H-1B usage to date in this fiscal year.
In particular, how many cases have been charged against the cap?
INS is working on a release for the public with this information but it has not yet
cleared.
- Regarding Form AR-11:
- Some members are telling us that AR-11 forms sent by
certified mail are being declared undeliverable by the U.S. Post Office. Can you provide
clarification as to why this is happening? Given penalties for failure to file, proof of
filing is an important issue to our members.
- AR-11 instructions do not indicate that a signature is
required. Since the form is a notice, rather than a petition or application, it would
appear that Form AR-11 could be properly submitted without a signature. Please confirm
same. In addition, please confirm that an attorney could sign Form AR-11 for a client.
- Temporary addresses -- Members are receiving calls from
clients questioning whether they should report temporary address changes, such as interim
address (i.e., for less than one month) or addresses attached to temporary work placements
where a permanent address continues to be maintained. Please clarify.
- Members are also receiving questions from clients who,
having become aware of the AR-11 requirement, are now reporting the most recent change of
address but may never have reported earlier ones. Should they now report the earlier
changes as well or is providing the current address sufficient? Will they be prosecuted
and/or put in proceedings if they now provide a current address without reporting the
prior changes of address?
- Please advise as to how the Service is processing AR-11
forms that are received.
As to questions “a” to “e” above,
ISD is waiting for a response from Records, the department responsible for Form AR-11.
Responses will be forwarded for distribution when received.
f. We would suggest that if the INS is going to
enforce penalties for failure to report a change of address, notice of the requirement
should be provided to nonimmigrants and immigrants at ports of entry where they enter the
U.S. and on Notices of Action issued in the U.S.
INS is working on a “notice” that will appear on various forms.
- Where Service Centers have accepted sole jurisdiction for
corporate employment-based filings (both nonimmigrant and immigrant petitions), please
confirm that those Service Centers with sole jurisdiction will accept the concurrent
filings of I 140 petitions and I 485 applications.
The I-140/I-485 would be filed with the Service Center with sole jurisdiction.
- Please clarify how you will be processing concurrently filed
I-140 petitions and I 485 applications and any simultaneously filed applications such as
an I-765 or I 131.
I-140 petitions will be screened on receipt. Where it is determined that there is no
statutory eligibility, the filing will be placed on a track for a denial of all petitions/
applications filed. All other I-140/I-485 cases will be routed for further processing and
ISD expects to process the I-765s within ninety (90) days of the filing on the latter
group of cases.
Additional item discussed
I-140 petitions that require Labor Certifications will no longer be accepted for filing
where the Labor Certification is not submitted with the petition. The petitions will be
returned without being “fee’d in”.
Submitted by Fran Berger, Chair, AILA ISD Liaison
Approved by Steve Bucher for ISD |
