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SCOPS Update – 07-13-2011

Submitted by Chief Editor on Jul 13th 2011

 

Filing location for concurrently-filed I-140/I-485 petitions 

Unless there is an accompanying I-907 all I-140/485 concurrent filings must be filed at the lockbox addresses. Depending on the jurisdiction the filing must be sent directly to TSC or NSC.

 

Employers who are cap-exempt under INA § 214(g)(5)(A) or (g)(5)(B) filing H-1B petitions 

Employers who are cap-exempt under INA § 214(g)(5)(A) or (g)(5)(B) should file their petitions with  California Service Center.  Instructions on page 19 to Form I-129 state: “Regardless of work locations, the following types of petitions should always be sent to the California Service Center…3. . H-1B petitions where the employer is statutorily exempt from the cap…”

 

Procedures for Calculating Maximum Period of Stay Regarding the Limitations on Admission for H-1B, L-1 and R-1  Nonimmigrants

Regarding the procedures for Calculating Maximum Period of Stay the Limitations on Admission for H-1B and L-1 Nonimmigrants, memorandum from Michael Aytes, Acting Associate Director for Domestic Operations, dated October 21, 2005 term  - “period of authorized admission” – which is found in both the H-1B (INA 214(g)(4) and L-1 (INA 214(c)(2)(D) context, and concluded that because the term “admission” is defined as “the lawful entry of the alien into the United States after inspection and authorization by an immigration officer” only time spent in the United States as an H-1B or L-1 counts towards the maximum. However this memo is specifically for H-1B and L-1 classifications.  For further information please read the document.

 

On the other hand the law for R-1 classification at INA 101(a)(15)(R) refers only to a “period not to exceed five years” and does not reference a period of “admission”, therefore falling outside of the ambit of INA 101(a)(13)(A).  In this case there is no provision that would allow for recapturing of the time spent abroad on R status.  

But according to 8 CFR 214.2(r)(6) the five-year limitation on the statutory maximum total period of stay does not pertain to R-1 nonimmigrants who did not reside continually in the United States and whose employment in the United States was seasonal or intermittent or was for an aggregate of six months or less per year. In addition the five- year limitations do not concern R-1 nonimmigrants that reside abroad and regularly commute to the United States to engage in part-time employment.

 

Lockboxes and I-290Bs 

Lockboxes now receipt I-290B, Notice of Appeal or Motion to reconsider or reopen, decisions rendered by  Service Centers or the National Benefits Center. However,  the exception is that Form I-290B must be filed with the Vermont Service Center if it relates to unfavorable decisions involving VAWA, T, and U Visas. Requests can still be made on field office decisions by filing I-120B directly with the Field Office that made the unfavorable decision. Note: The notice of denial will include specific instructions in this regard.

USCIS Lockboxes Update– 09/22/10

Submitted by Chief Editor on Sep 22nd 2010

 

Contacting Lockbox on rejected applications

 Lockbox can be reached via lockboxsupport [at] dhs [dot] gov. Applicants can mark outside the package “Attention supervisor” and include a copy of the email received from lockboxsupport [at] dhs [dot] gov giving instructions to refile while re-filing a rejected case.  

 

 I-485 receipt for EAD and Advance Parole applications 

When original receipt notice for a pending I-485 adjustment of status application is not received the applicant should include alternative documentation like a canceled check, case status update from the USCIS website, a biometrics notice, prior I-765 or I-131 filings or other evidence while filing EAD and AP applications. 

 

Delay in receiving receipts from Arizona and Dallas

The date when package is delivered to USCIS is supposed to be the official date of receipt. If there is a delay or to determine the status of the application or petition, one should contact lockboxsupport [at] dhs [dot] gov.  For a smooth process, stop payment on checks and re-filing applications should not be made.  

 

Receiving fee receipts dated on a weekend 

Sometimes fee receipts or responses to Lockbox e-mails are dated on a weekend as Lockbox personnel works on Saturdays and Sundays.

 

Using highlighter on the forms and using red cover sheets 

USCIS, Lockbox Operations advise not to use highlighter on the forms as well as red cover sheets as they get scanned very dark and cannot be read. Instead circle items.  For notifying expedite or priority date recapture one can use a light yellow color paper.

 

Rejection of forms due to incorrect version 

In cases where an incorrect form version is received the Lockbox should be using the same guidance as is on the USCIS website. It should be accepted if the form could be scanned. 

 

Rejections for missing information on a form 

To avoid confusion over rejections for missing information on a form Lockbox will provide a list. The Lockbox Case Resolution Unit (CRU) should be able to obtain some “missing” information from CLAIMS to limit rejections. Filings should be accepted as long as the basic information is provided.  

 

I-485 applications should not be rejected for lack of an “A” number  

I-485 applications should not be rejected for lack of an “A” number as Lockbox Operations recognized a computer glitch that was causing this error.

 

Expedite procedure for reentry permits at Lockbox

The Lockbox sends the application and petition that are marked “expedite” to the right Service Center in a colored folder so they can be quickly accepted. Follow-ups on the expedite request should henceforth made to the right Service Center via the NCSC (1.800.375.5283) rather than the Lockbox. Lockbox does not the review the merits of an expedite request.

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