TSC Update : February 2002 Meeting
Posted Mar 29, 2002

The American Immigration Lawyers Association (AILA) recently released notes from its February 11, 2002 liaison meeting with the INS Texas Service Center (TSC). AILA representatives meet regularly with the top officials of the various INS Service Centers. As many of our MurthyBulletin and MurthyDotCom readers have cases pending with the TSC, we are pleased to share this information with you.

AC21 and I-485 Portability

The Texas Service Center confirmed that I-485s (Application for Adjustment of Status) will be approved based upon employment which is the same or similar to that described in the labor certification, provided the case has been pending for at least 180 days. They confirmed that no new I-140 is required and that field offices have been instructed accordingly. Previously, there had been some misunderstanding on this subject.

As to procedure when changing jobs, the TSC states that the best method is to send a letter if the applicant will be working for a new employer. For cases that have been pending for an extended period, INS will typically send a Request for Evidence (RFE) regarding the applicant's intent to work for the petitioning employer. If there is a new employer, then presumably the letter with regard to the new employment could be provided as part of the response to the RFE.

I-140s

The TSC states that they have been working on reducing their backlog and have processed seven months' worth of I-140s in a relatively short time. TSC expects to be "current" in their processing by May 2002. As of February 2002, they were working on I-140s filed in April 2001.

Employment Authorization Documents

There were questions regarding the INS procedure in those cases where an applicant for an employment authorization document (EAD) changes residences while the application is pending and the card is sent to the wrong address, despite notification to the INS of the new address. TSC advised that if a card is returned to them by the post office as undeliverable, they will search for an updated address notification. If there is a new address, the card will be sent to that address. If there is no new address in the system, the card will be stored for 6-8 months, after which it will be destroyed. If a change of address is sent during that time, the INS will check to see if the card has been destroyed and, if not, will re-send the card.

The Texas Service Center recommends using Form G-731 (the inquiry form that is usually used in connection with green card issuance) to change addresses and instructs that the envelope should be marked with "change of address." This form, as well as other immigration forms, is available on the INS WebSite. Please note that there is a different form for each Service Center.

RFE Problems

Many individuals are reporting that they are not receiving RFEs issued by TSC. The problem appears throughout various types of cases. TSC officials said they would investigate this problem. If a case is denied for failure to respond to an RFE that was never received, TSC can waive the fee for a motion to reopen.

E and L Spousal Work Authorization

As regular readers of the MurthyBulletin and MurthyDotCom know, recent legislation allows employment authorization for spouses of E and L nonimmigrants. With respect to the procedure for requesting employment authorization in this instance, the Form I-765 (application for employment authorization) must be filed with the Service Center having jurisdiction over the applicant's residence. If the I-765 is filed concurrently with the Form I-129 petition for E-1 or E-2, then the filing must be made with the California or Texas Service Center, as appropriate, since Es are processed at those two Centers only. Applicants should write, "spouse of E nonimmigrant" or "spouse of L nonimmigrant," as appropriate. The authorization will be for the period of admission or status of the spouse, but will not exceed two years. The I-765 can be filed either by itself or concurrently with a request for extension of nonimmigrant status (Form I-539).