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Cite as “Posted on AILA
InfoNet, Doc. No. 01090735 (November 15, 2003 ).”
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AILA/TSC LIAISON
MEETING
AUGUST 13, 2001
Present for AILA: T. Douglas Stump, AILA/TSC Liaison Chair, Shawn Orme, Joseph
Ching, Kyle Sherman, Luis Cordero, Judy Lee, Mona Gupta, Marisa Casablanca, Mary
Tolton.
1. How can members obtain a duplicate approval notice of an approved petition when
the original has been lost in transit and never received by the attorney or petitioner?
Members suggest that it is simply unrealistic to file an I-824 when processing requires 9
months. Case in point is an H-1B which was filed in February 2001 and approved May 25,
2001 (per TIERS info). Beneficiary's work authorization as F-1 with Practical
Training expired at the end of June and the company needs him to work.
ANSWER: The TSC will work with the AILA liaison committee in reissuing approval
notices (I-797s) lost in transit. Members should follow the general liaison instructions
posted on AILA infonet and then contact the product liaison. All I-129s are processed by
Shawn Orme.
2. Will INS change the fax system so that we have better access to the Business
Product line? Is it possible to handle faxes in the same manner as currently done with
premium processing cases, which apparently allow a fax to be sent directly to an officer's
computer?
ANSWER: The TSC has ordered new fax machines with more capacity and hopes to have
these online within 60 days. The TSC is also dedicating a new fax line solely to RFEs
involving LCA issues. Any fax received on this dedicated line NOT related to the specific
LCA related RFE will not be reviewed. The fax request for LCA will be transmitted on a
special cover sheets which provides instructions addressing this issue. The fax back
system to individual officer's computers is not being expanded because of technology
issues.
3. Why is it taking the TSC an extremely long time to process the applications for
an extension of status (i.e., to extend B-1 status)? Are these applications given a
lower priority than other types of applications?
ANSWER: The TSC has been taking longer on applications for extension because of
limited staffing; however, TSC has just tripled its staff dedicated to I-539s and members
should see some immediate improvement.
4. What is the normal processing time for H-1B petitions after certified LCAs have
been faxed in response to a RFE? Should they be taking up to 90 days as indicated by the
automated answering service?
ANSWER: Normal processing takes 15 days by fax. The automated answering system
processing time feature cannot distinguish between petitions originally filed and RFEs.
5. Florida members have requested a breakdown of the number of cases from the Miami
District that are filed with TSC?
ANSWER: TSC receives large numbers of filings from many districts including
Houston, Dallas, Atlanta and other districts within its jurisdiction. Specific filing data
is not available.
6. What is the number of cases that have been filed under the premium-processing
category?
ANSWER: Approximately 1800
7. Who can an attorney or the public contact at the TSC when a Natz case (N-400) is
pending for more than six months and no fingerprint notice has been issued? Who is
responsible for making the fingerprint appointment? Who do we call, write, and
email?
ANSWER: The claims 4 system automatically generates the fingerprint notices within
four months. But not all offices are doing fingerprints within this window, so some
offices are not capable of fingerprints within the 4-month time frame. Please note that
only the District Office has authority to expedite, so all expedite issues must be
addressed locally. Inquiries involving inordinate delays should be directed to AILA
Liaison Marisa Casablanca.
8. Does the TSC still act as the national point of adjudication for I-730's (derivative
asylum for spouses and children who are overseas)? If so, what can be done for a more
prompt adjudication since the beneficiaries are, in most cases, in physical
jeopardy?
ANSWER: Nebraska has had sole jurisdiction of I-730s for several years. No-I-730s
are filed with the TSC.
9. Members have experienced considerable delays in receiving I-485 receipts. Some
have not been issued from filings in April and May 2001. This creates considerable
hardship in obtaining emergency advance parole documents and employment authorization
documents. The local INS offices will not issue the I-512 or EAD's without an official INS
receipt for the I-485 filing. Can TSC work with local INS Offices to agree to accept
postal receipts?
ANSWER: The TSC contractors do not have sufficient data entry personnel. Earlier
reports from the contractor on mail opening/data entry dates were incorrect. Over 100,000
filings are awaiting opening and data entry. The AILA liaison team has assisted in
identifying this issue and efforts are being undertaken to resolve this concern. The TSC
has created a SURGE team that will immediately be utilized to reduce the front log
involving data entry. The SURGE team will consist of approximately 238 data entry
specialists who will be called in to provide additional support to regular processing
efforts at times when INS recognizes "surges" in filings among the Service
Centers. The SURGE facility is being housed at the TSC until further notice from HQ and
will be used to assist all Service Centers with front log issues. Hardware has been
installed and AILA members should notice immediate results.
10. Are expiring fingerprints still a basis for expediting I-485 applications even
though the I-485 was filed after the current Texas Service Center processing date (July
1999)?
ANSWER: The TSC makes every effort to adjudicate the I-485 before expiration of the
fingerprints if notified by AILA I-485 liaison in a timely manner.
11. Several members indicate a problem exists with some I-485s pending for
derivative children where the Principal applicant's I-485 has already been approved. What
is happening and why? If applications were filed after July 1999, can an inquiry be sent
on a child to have the case expedited based on the parent's approval or must the child
wait for the current processing date (July 1999)?
ANSWER: The TSC will make every effort to correct these cases. Review AILA liaison
instructions posted on infonet and contact the appropriate liaison for assistance.
12. How are fingerprints handled when a child turns 14 while the I-485 application
is pending? How can we get the TSC to issue a fingerprint notice or accept a $25.00 filing
fee? Should the attorney even attempt to notify the Texas Service Center when the child
turns 14 years of age?
ANSWER: The TSC will not charge a fee if the alien turns 14 after the filing.
13. Can two or more I-485 applications be filed and pending for the same applicant?
We have clients who are eligible for adjustment of status on two or more basis. For
example, an I-485 is filed as a derivative dependent on a spouse's employment-based
petition, but now the applicant is eligible to file as a principal on their own approved
employment-based petition; or an employment-based I-485 is pending and the applicant now
marries a United States citizen. Of course, the client wants to obtain permanent residency
by whichever I-485 gets approved more quickly.
ANSWER: Yes. Make a highly visible note on the new filing, particularly on the
I-485, that it is a second I-485. Include the SRC number from the first filing.
14. Will the TSC provide some additional information on the new Director Carmelo
Ortiz? Will he continue to run TSC "as is" or should we expect any
particular changes in policy or in priority of cases?
ANSWER: Mr. Ortiz will continue to run the TSC "as is" with a goal
towards improvement.
15. Why are some L-1 petitions taking 8 to 10 weeks instead of the regulatory 30
days? What measures are you taking to correct this problem?
ANSWER: The TSC is not aware of any cases older than 30 days. Please provide
relevant information to the AILA I-129 liaison for assistance.
16. Does the TSC have a restriction on their telephone line (214) 381-1423
to block out the busy/call back feature on telephone systems that will redial any busy
telephone line and call back to let us know that the line is free and ringing
through?
ANSWER: TSC does not have any block in place.
17. AILA has been told by the Vermont Service Center that the TSC has a frontlog in
entering data regarding new immigrant arrivals. The VSC advised AILA members that the
reason for this is that the cards are currently being produced at the TSC and that the TSC
is very far behind in entering A numbers for new arrivals.
ANSWER: TSC does not physically 'create immigrant cards', but TSC processes
the Immigrant Visas, electronically transfers the information to a remote ICPS printer,
which then prints/produces the PRCs.
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