Service Center Update : December 2003 Posted Dec 26, 2003 In a recent meeting with representatives of the American Immigration Lawyers Association (AILA), the USCIS responded to questions regarding processing and procedures. This information is relevant to case processing at all of the USCIS Service Centers, which impacts many of our MurthyDotCom and MurthyBulletin readers. H1B Cap The H1B cap is one of the major concerns in immigration at this time. As we advised in our article, USCIS Issues H1B Cap Estimates, available on MurthyDotCom, the cap has not yet been reached. The USCIS confirmed that it would perform a "sweep" of is databases at the end of the current quarter, which closes on December 31, 2003. USCIS will review the quarterly information and share that data when it becomes available. There is a possibility that premium processing will not be allowed for "cap" cases at some point. However, if this happens, it will still be possible for non-cap cases to use premium processing. At the present time, the best advice we can offer to anyone with a cap-subject case is to file it as soon as possible and use premium processing while it is available. Many people are filing their cap-subject cases early, and they are using premium processing. I-140s The question was asked whether Schedule A I-140s for nurses were on a deliberate slowdown / freeze of some type. The USCIS advised that nurse I-140s are receiving the same treatment as other I-140 petitions. All I-140 cases are experiencing an overall slowdown, not just nursing cases. Advance Parole The USCIS had circulated a memo reminding people of the need to request advance parole in time for travel. The question was asked whether advance parole requests would receive priority treatment during the holiday season. The USCIS, pointing to competing priorities and limited resources, stated that they cannot expedite advance parole applications solely for holiday travel. The holiday season is not a sufficient basis for expedited action. We remind people to make sure that they have appropriate documents for travel, if they plan to leave the U.S. during the high-travel, holiday season, or any other time of the year. The key is usually planning far enough in advance, so that the necessary applications can be administered under normal processing times. See also our November 10, 2003 article, International Travel Tips, available on MurthyDotCom. We will continue to follow important developments, particularly regarding the H1B cap issue, and update our MurthyBulletin and MurthyDotCom readers. © The Law Office of Sheela Murthy, P.C.
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