TSC LIAISON QUESTIONS AND ANSWERS FOR NOVEMBER 3, 2003

1. Members report problems with premium processing responding to emails on approval notices with errors. For instance in one case, (SRC0322751029), TSC approved a blanket L. When the approval notice arrived, the chart printed naming all of the blanket covered companies was cut off midway at the end of the paper and the next page was printed with the INS heading at the bottom of the page (basically placed in the printer upside down) and also cut off part of the information that the Consulate would absolutely require to process a visa under the L. This was approved in August and efforts have been made to contact the premium unit ever since to get a replacement printed properly. The premium unit has not responded to this request at all. How can we get the premium unit to respond and correct their printing error?
   
   Members should contact the premium processing unit at tsc-premium@dhs.gov. The phone number is (214) 275-4415 or (214) 962-2582.
   

2. Back on our conference call in Sept., TSC stated the following: TSC is not issuing fingerprint notices for 485 cases filed AFTER December 2001. Please do not request same. For instance, husband and wife file in 2003. Husband gets fingerprint notice (according to TSC this would be an accident). Wife doesn't. TSC will NOT schedule the wife so that the two are printed together. TSC says that since the husband's prints will likely expire by the time the application file is worked and he will have to be the one to request fingerprints at a later date (presumably when wife gets her notice at the correct time.)
   
   Furthermore, the fingerprint process was described as follows: Once the case is entered into the TSC system, the system automatically sends a message to the "fingerprint scheduler". TSC allegedly has no control over when the scheduler makes the appointment. It should be sent to the client close to the time when the individual's processing date becomes current so the prints won't expire before an officer adjudicates the case.
   
   Here is a follow up question:
   
   In the case where the dependent wife receives a fingerprint notice and the primary applicant gets no notice at all, what should be done? If the dependent wife does not appear, then her I-485 may be considered abandoned and there are only limited options for re-scheduling. The ASC has advised that the primary alien certainly will not be permitted to be fingerprinted at that time since he has no notice, and they can do nothing to fix this from their end. So, it would seem that the wife must travel to ASC for her fingerprint appointment, even though she and her husband will both have to do this again since her fingerprints will likely expire. Please advise.
   
   TSC recommends that the wife appear for the fingerprints so that the 485 is not denied. While there should be a one year delay from the time of filing until the fingerprint appointment is scheduled, this is not always the case. TSC will continue to take steps to resolve this issue.
    
3. How can members get an I-130 case upgraded when the petitioner has naturalized? Historically, members used to have a fax form to send -- now no faxes. Can TSC create another Upgrade Request form and assign it a fax? Other solutions? Finally, please confirm that after the upgrade to I-130 is moved ahead to the immediate relative "stack" and not just worked in the order in which is was received.
   
   Members should send the Upgrade Request form (posted on AILA Infonet) to the "Correspondence" P.O. Box at the TSC. Cases are worked in the order received, so that an upgraded I-130 will be placed in the queue as if it was filed as an immediate relative.
    
4. Parents green cards arrived in mail; daughters never did. Email was sent to the TSC push email address. TSC responded saying they needed a new photo and to take the TSC email and the photo to the Houston district office. Person did so and Houston adamantly sent them away saying that wasn't sufficient, claiming they needed the "standard BCIS Form endorsed by an official at the TSC" before they would take further action. Please comment.
   
   The photos should have been sent to the TSC. It was error for the notice to request that they be sent to Houston.
    
5. With the H-1B visa cap lowered again to 65,000, it is likely that H-1B visas will run out before FY2004. What does TSC recommend as the best way to mark an I-129H application to indicate that it is EXEMPT from the H-1B cap. In past years attorneys marked the Form I-129 in red ink "Exempt from H-1B cap".

TSC recommends that attorney continue this practice.

6. Is the fingerprint notification request date for I-485s still 2001 cases?

Yes

7. Where an I-140 and I-485 have been concurrently filed, but the beneficiary has recently been transferred abroad, is it possible to withdraw the I-485 and change the I-140 to request consular notification rather than adjustment of status or is it less problematic to withdraw both the I-140 and I-485 and refile a new I-140 to request consular notification?

An I-824 must be filed to change the request made on the I-140. As an alternative, members may wish to consider withdrawing the I-140 and refiling (to avoid delays associated with the processing of I-824s).

8. District Adjudications Officers in Houston have stated that they are assuming fraud is involved in the employment based cases transferred to the Houston office from the TSC because there is no memo in the file from TSC explaining the reason for the transfer. Is it TSC policy not to prepare such a memo? If so, can TSC officers be instructed to issue a memo to the file giving guidance to the DAO?

National SOP policy requires that a memo be prepared with all transferred cases. TSC complies with this policy.

9. In anticipation of the Religious Worker Sunset, many I-360 petitions for religious workers were sent extensive RFEs. Now that the religious worker category has been extended is there a backlog in reviewing RFEs? Can you estimate a time frame for a decision once the RFE response has been received?

Approximately 120 days.

10. When a Notice of Intent to Deny is issued and additional time is needed to respond, what is the best way to make this request and how does an attorney know that the request has been granted? An attorney reports that a 30 day response period was given recently on a NOID that involved complicated tax issues and more time was needed to gather documentation.

TSC recommends that a response be submitted within the time frame provided. If it is not possible to respond, and if the requested information was not required at the time of filing (and is necessary simply to clarify an issue), additional time may be requested using the goldenrod RFE coversheet which will route the request for additional time to the same officer. The request should specify how much additional time is needed and explain, in detail, why the additional time is needed.

11. An adjustment applicant received a Fingerprint Notice but is on a temporary assignment in Iraq (he holds a valid L-1 visa). The 1-800 USCIS National Customer Service operator advised him that he could be fingerprinted at a consulate abroad instead of the ASC. Is this correct information? Is this advisable? If so, what is the procedure; how can arrangements be made at a consulate?

Lyn Gros to check on procedure

12. In the past, Fingerprint Notices stated that if the applicant was unable to appear on the scheduled date, he could appear on a walk in basis within 84 days of the appointment date. The current fingerprint notices no longer have this statement. Is this still USCIS policy? Are the ASCs accommodating late appearing applicants within 84 days?

Yes. This is still the policy.

Additional issues:

The TSC requests that larger font be used to identify the list of employee on H-2B cases. Also, TSC recommends that petitions not identify the H-2B beneficiaries when it is not required, as the security checks may delay the processing of the application.