from www.immigration-law.com
Updated 03/01/2000: Understanding the Service Center Languages, Including Receipt and Notice Dates
People are somewhat confused as to the concept of the different dates that the Service Centers use. However, it can be very important that one understands each concept very clearly so that their legal status is protected.
There are three different dates: (1) Physical Receipt Date (2) Receipt Date printed on I-797 and (3) Notice Date on I-797. For the purpose of proof of timely filing of a case and consequently proof of maintenance of legal status pending adjudication of the case, the most important date is "physical receipt date." The physical receipt date is the date when the Service Centers\' mail room physically received the case. Since there is no evidence to prove this physical receipt, one has to keep either return receipt request or overnight delivery shipping document safe. For instance, when one\'s I-94 expires day after tomorrow and he/she timely ships out his/her case via Fedex or UPS or other delivery services that guarantee next day delivery, one may assume that the case was timely filed. However, sometimes, the packages are not delivered the next day by either the error of the overnight delivery services or the bad weather, and he/she faces problem of "untimely filing," which presents a host of issues including potential denial for untimely filing or failure to maintain nonimmigrant status. People should make it sure that the case is shipped out at least two or three days ahead of time.
Physical receipt date has no meaning at all in checking processing times. Once a case is received by mail room, contractors in the Service Centers must take filing fee check, which is called "receipted" and record the case in its computer system. Until it is receipted, legally the case is not yet "filed." This is so-called Receipt Date. One time, there was a huge gap between physical receipt date and receipt date, which is called "frontlog." Not understanding this concept, some people tend to panic when the receipt date is later than the expiration date of I-94. Inasmuch as the overnight delivery services confirm proper deliver, people should not worry about their legal status.
Sometimes, the Service Centers determined processing times from the Receipt Date, but nowdays, they count from the Notice Date. Normally, there is no big gap between Receipt Date and Notice Date which is the date when they print out and mail out the notice. People must have noticed that when they called Service Centers, the message said it was received "certain date" which matched with Notice Date rather than Receipt Date. It appears that the Service Centers use such approach to inform the filers that whatever dates they printed on the notice would start from the Notice Date.
When the frontlog is huge, actual processing times can far exceed the processing times they printed on the notice. For instance, one time TSC experienced a serious problem in opening mails in the mail room (lasting even a month). The frontlog was aweful. When they opened and started to feed into the system, they again had another problem of "back"log of the internal processing.
Other confusing language is "the case has been decided and ....." This means the case has been denied. If it is RFE, they clearly state that the request for additional evidence or information has been issued. If the case is pending, it just says that the case was received and notice was sent out.
This information is posted because some people are really confused about the auto phone messages or written notices they receive and very stressed out. We hope this information helps.
Updated 03/01/2000: Understanding the Service Center Languages, Including Receipt and Notice Dates
People are somewhat confused as to the concept of the different dates that the Service Centers use. However, it can be very important that one understands each concept very clearly so that their legal status is protected.
There are three different dates: (1) Physical Receipt Date (2) Receipt Date printed on I-797 and (3) Notice Date on I-797. For the purpose of proof of timely filing of a case and consequently proof of maintenance of legal status pending adjudication of the case, the most important date is "physical receipt date." The physical receipt date is the date when the Service Centers\' mail room physically received the case. Since there is no evidence to prove this physical receipt, one has to keep either return receipt request or overnight delivery shipping document safe. For instance, when one\'s I-94 expires day after tomorrow and he/she timely ships out his/her case via Fedex or UPS or other delivery services that guarantee next day delivery, one may assume that the case was timely filed. However, sometimes, the packages are not delivered the next day by either the error of the overnight delivery services or the bad weather, and he/she faces problem of "untimely filing," which presents a host of issues including potential denial for untimely filing or failure to maintain nonimmigrant status. People should make it sure that the case is shipped out at least two or three days ahead of time.
Physical receipt date has no meaning at all in checking processing times. Once a case is received by mail room, contractors in the Service Centers must take filing fee check, which is called "receipted" and record the case in its computer system. Until it is receipted, legally the case is not yet "filed." This is so-called Receipt Date. One time, there was a huge gap between physical receipt date and receipt date, which is called "frontlog." Not understanding this concept, some people tend to panic when the receipt date is later than the expiration date of I-94. Inasmuch as the overnight delivery services confirm proper deliver, people should not worry about their legal status.
Sometimes, the Service Centers determined processing times from the Receipt Date, but nowdays, they count from the Notice Date. Normally, there is no big gap between Receipt Date and Notice Date which is the date when they print out and mail out the notice. People must have noticed that when they called Service Centers, the message said it was received "certain date" which matched with Notice Date rather than Receipt Date. It appears that the Service Centers use such approach to inform the filers that whatever dates they printed on the notice would start from the Notice Date.
When the frontlog is huge, actual processing times can far exceed the processing times they printed on the notice. For instance, one time TSC experienced a serious problem in opening mails in the mail room (lasting even a month). The frontlog was aweful. When they opened and started to feed into the system, they again had another problem of "back"log of the internal processing.
Other confusing language is "the case has been decided and ....." This means the case has been denied. If it is RFE, they clearly state that the request for additional evidence or information has been issued. If the case is pending, it just says that the case was received and notice was sent out.
This information is posted because some people are really confused about the auto phone messages or written notices they receive and very stressed out. We hope this information helps.