he was really polite and helpful, i don't think he will get angry but again who knows. so you think its better to wait than writing email ? holidays are around the corner and i am hoping to finish up everything before holidays
You might be initiating ex-parte communications in violation of law. While a mere "status inquiry" is OK, the agency already has a known procedure for that, to go outside the established procedure without authorization is not a good idea.
FROM:
http://www.uscis.gov/err/K1 - Reque...ecisions_Issued_in_2008/Nov182008_01K1610.pdf
"1. Procedural Issues
As stated above, the appellant expresses concern that other promoters were able to meet with Service
Center Operations staff. While Citizenship and Immigration Services (CIS) regulations have a
provision for oral argument under certain circumstances at the appellate level (8 C.F.R. 4 103.3(b)),
there is no regulatory provision for oral argument during the adjudication of a proposal for
designation as a regional center. Further, if the appellant is suggesting that CIS staff should have
informally discussed the merits off the record, the AAO notes that ex parte communications are
prohibited by the Administrative Procedure Act (APA), 5 U.S.C. 8 706.
According to section 55 l(14) of the APA, "ex parte communication" is defined as "an oral or written
communication not on the public record with respect to which reasonable prior notice to all parties is
not given, but it shall not include requests for status reports on any matter or proceeding covered by
this subchapter."
Section 557(d)(l) of the APA limits ex parte communications, in part, as follows:
(A) no interested person outside the agency shall make or knowingly cause to be
made to any member of the body comprising the agency, administrative law judge, or
other employee who is or may reasonably be expected to be involved in the decisional
process of the proceeding, an ex parte communication relevant to the merits of the
proceeding;
(B) no member of the body comprising the agency, administrative law judge, or other
employee who is or may reasonably be expected to be involved in the decisional
process of the proceeding, shall make or knowingly cause to be made to any
interested person outside the agency an ex parte communication relevant to the merits
of the proceeding.
Significantly, ex parte communications are not part of the record of proceeding and cannot be
considered in future proceedings, such as the appeal before us. Thus, Service Center Operations did
not err when it declined to meet with the appellant. There is no regulatory procedure in place for
such a meeting and Service Center Operations would have been obligated to create a record of the
meeting."
