FYI
Service Center Operations Updates - 04/28/04
1) If an envelope sent by an applicant is postmarked before April 30 but contains the new filing fee, the center will hold the case until the new filing fee is in effect
The center will accept cases that comes on or after April 30 and if it has the new file attached it will be acceptable for filing. The center will accept the old filing fee, if the envelope is post marked before April 30 even if the center actually receives the envelope after the new fees have become effective. The center will hold the case until the new filing fee is in effect if the envelope is post marked before April 30 and contains the new filing fee. Cases with a request for Premium Processing will be an exception to the center until the new fees are in effect. Premium processing cases will be returned if it is post marked before April 30 and includes the new fee.
2) E dependent filing for an extension if one is staying in …
An applicant of E dependent filing for an extension of stay and if living in in Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, the U.S. Virgin Islands, Vermont, Virginia or West Virginia, mail application to the Texas Service Centerhttp://uscis.gov/graphics/fieldoffices/texas/aboutus.htm#anchorMAIL.
In cased the applicant does not belong to the above mentioned states, mail the application to the California Service Center http://uscis.gov/graphics/fieldoffices/california/aboutus.htm#zips .
3) Are the instructions equally applicable to concurrently filed cases that are currently in pipeline and not yet adjudicated with respect to the March 31, 2004 interoffice memo.
The recent memo would apply to concurrently filed I-140/I-485 cases that are n the centers adjudication pipeline that is if there has been no adjudicative action regarding the I-140. If the center has already adjudicated the I-140, the memo would not apply.
4) One Processing Time Report date for I-140s filed as stand alone and concurrent filings
According to the center there would be one PTR date for I-140s filed as stand alone and concurrent filings. But, if the case is a concurrent filing, the I-140/I-485 packet will be pulled when the I-485 is adjudication ready regardless of the fingerprints and/or name checks have cleared. If the I-485 is not adjudication ready, the I-140 will not be pulled for adjudication based on the I-140 processing date.
5) With respect to the March 31, 2004 memo if an I-140 is filed on April 27, 2004 and the I-485 is filed on May 20, 2004, under the concurrent filing regulations is this filing series ?
For the purpose of implementing this memo - concurrent filing means any I-140/I-485 filed at the same time or a subsequent I-485 filing pursuant to a pending I-140 if no adjudicative action has been taken on the I-140.
6) H-1B Cap Issue regarding the handling of H-1B cases by the Service centers where the petitioner claims it is cap-exempt and thus asks for say, a July 1st start date but the Service Center decides that the petitioner is not exempt. Will the Service Center afford the petitioner the opportunity to specify a 10/1/04 start date or will the petition be denied.
Service Centers will not circle back to petitioners to offer an opportunity to select a new start date. But, if the petitioner clearly and very visibly states that it would like an October 1, 2004 start date if the requested date cannot be accommodated, the Service Center will adjudicate the I-129 with the alternate start date in mind. USCIS cannot stress enough that the willingness to accept a FY2005 start date in the alternative must be very clear and visible on the face of the case.
__________________________
Can some of you guys please explain points 3,4,5......
thanks
Service Center Operations Updates - 04/28/04
1) If an envelope sent by an applicant is postmarked before April 30 but contains the new filing fee, the center will hold the case until the new filing fee is in effect
The center will accept cases that comes on or after April 30 and if it has the new file attached it will be acceptable for filing. The center will accept the old filing fee, if the envelope is post marked before April 30 even if the center actually receives the envelope after the new fees have become effective. The center will hold the case until the new filing fee is in effect if the envelope is post marked before April 30 and contains the new filing fee. Cases with a request for Premium Processing will be an exception to the center until the new fees are in effect. Premium processing cases will be returned if it is post marked before April 30 and includes the new fee.
2) E dependent filing for an extension if one is staying in …
An applicant of E dependent filing for an extension of stay and if living in in Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, the U.S. Virgin Islands, Vermont, Virginia or West Virginia, mail application to the Texas Service Centerhttp://uscis.gov/graphics/fieldoffices/texas/aboutus.htm#anchorMAIL.
In cased the applicant does not belong to the above mentioned states, mail the application to the California Service Center http://uscis.gov/graphics/fieldoffices/california/aboutus.htm#zips .
3) Are the instructions equally applicable to concurrently filed cases that are currently in pipeline and not yet adjudicated with respect to the March 31, 2004 interoffice memo.
The recent memo would apply to concurrently filed I-140/I-485 cases that are n the centers adjudication pipeline that is if there has been no adjudicative action regarding the I-140. If the center has already adjudicated the I-140, the memo would not apply.
4) One Processing Time Report date for I-140s filed as stand alone and concurrent filings
According to the center there would be one PTR date for I-140s filed as stand alone and concurrent filings. But, if the case is a concurrent filing, the I-140/I-485 packet will be pulled when the I-485 is adjudication ready regardless of the fingerprints and/or name checks have cleared. If the I-485 is not adjudication ready, the I-140 will not be pulled for adjudication based on the I-140 processing date.
5) With respect to the March 31, 2004 memo if an I-140 is filed on April 27, 2004 and the I-485 is filed on May 20, 2004, under the concurrent filing regulations is this filing series ?
For the purpose of implementing this memo - concurrent filing means any I-140/I-485 filed at the same time or a subsequent I-485 filing pursuant to a pending I-140 if no adjudicative action has been taken on the I-140.
6) H-1B Cap Issue regarding the handling of H-1B cases by the Service centers where the petitioner claims it is cap-exempt and thus asks for say, a July 1st start date but the Service Center decides that the petitioner is not exempt. Will the Service Center afford the petitioner the opportunity to specify a 10/1/04 start date or will the petition be denied.
Service Centers will not circle back to petitioners to offer an opportunity to select a new start date. But, if the petitioner clearly and very visibly states that it would like an October 1, 2004 start date if the requested date cannot be accommodated, the Service Center will adjudicate the I-129 with the alternate start date in mind. USCIS cannot stress enough that the willingness to accept a FY2005 start date in the alternative must be very clear and visible on the face of the case.
__________________________
Can some of you guys please explain points 3,4,5......
thanks