CSC Updates - 02/11/08

Pending employment-based I-485s

During the transition to bi-specialization the center (CSC) shipped almost all pending employment-based I-485s out to the Texas Service Center and Nebraska Service Center. Because of identified issues relating to security checks the pending cases were not shipped out to other offices. At present these cases are worked at CSC.

Processing cases for I-765s and I-131s

The processing of cases I-765s and I-131s accepted for adjudication from other service centers in July and August 2007 has been completed.

FY'08 H-1B Cap petition

Most of the FY'08 H-1B Cap petition cases have been adjudicated although there a few that cases that is pending due to security checks.

TN petitions

CSC currently is processing E- filed TN petitions only.

Virtue memo

With regards to adjustment of status (I-485) the Virtue memo deals with foreign residency requirements. But when it comes to changing status from J-1 to H-1B one has to keep in mind that the burden of proof remains with the petitioner. Until the waiver is approved the H-1B petition should not be filed hence the petitioner should be able to submit the waiver receipt number and waiver approval notice as initial evidence when filing the H-1B petition. In case the evidence is not provided the center (CSC) can request evidence. However the center (CS) confirms petitioner information with the VSC database in some J-1 medical cases and this does not change the petitioner's burden of proof in these matters.

K-3 petitions

The center (CSC) is at present processing K-3 petitions within six months of receipt.

Issue on Joint I-751 petition and I-751 petition where properly executed G-28s are filed

In a case were the spouse of a U.S. Citizen is interviewed for adjustment of status with a minor child both on the same date and the conditional resident cards have different approval dates, a child may be included in the joint I-751 petition if the child's residence was acquired on the same date or within 90 days thereafter. 8 CFR 216.4(a)(2).

On I-751 petitions where properly executed G-28s are filed a copy of the receipt or approval notice is being sent to the attorney of record.

Chicago Lockbox cases

The center (CSC) has sent about 41,000 I-130 envelopes to Chicago Lockbox and the CSC has received about 11,500 cases back from the Chicago Lockbox to date. On an average daily the Chicago Lockbox has been sending between 1,000 and 1,500 cases back to CSC.