NSC Updates – 05/19/09
I-131 and I-765
With the exception of the I-765s for OPT for which there is a few weeks lag time all other I-131s and I-765s are being worked by the NSC as soon as they arrive at the center.
Screening of cases
I-131 and I-765
With the exception of the I-765s for OPT for which there is a few weeks lag time all other I-131s and I-765s are being worked by the NSC as soon as they arrive at the center.
Screening of cases
NSC has reported that they are trying to pre-adjudicate cases so when the priority dates become current, an approval notice is sent immediately.
I-140 backlog
USCIS has recently updated the number of petitions they have pending. The backlog for I-140 was 40,000 in October and now it is down to 10, 000.
I-485
USCIS has indicated that the EB-485 team at the NSC center is pre-adjudicating cases and will be ready to approve cases as soon as the priority date becomes current.
Filing an appeal
Internal procedure by which Motion to Re-open, Motion to Reconsider or Appeal is handled
Presently at the USCIS TSC the officer that issued the denial generally adjudicates the MTR. But this system will slowly change. The denial of the MTR will be reviewed by a supervisor. An appeal filed under 8 C.F.R. § 103.3 will always be first considered as an MTR.
Be sure to submit the supporting documentation along with the I-290B. If the center considers its decision as correct it will forward he appeal to the AAO.
I-485 pending cases and procedure to expedite the name check
In cases where I-485 cases are still pending for FBI background checks and if the checks have been pending more than 180 days then there is a procedure to expedite the name check. Contacting the NSC’s congressional liaison and advising them when the name check is cleared will help unless there are no other reasons why the case is being held as sometimes the cases are held back for other security processing.
Trying to get an F-1 while an AOS/I-485 is pending has been a recurring theme in our community. Last year in May/June we had spent two hours talking about this theme in our community conference calls. A lot of people wanted to do their MBA and were not able to wait for their green cards to join school.
Generally speaking when you have exhibited immigrant intent, getting an F-1 becomes difficult. On top of that, USCIS has said that F-1 is not compatible with a simultaneous I-485. But USCIS has never told us what happens if do file for an F-1 while an I-485 is pending.