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IssueNet Archive - September 2008



Issue Net Promo

IssueNet submissions fall into two categories - Report an Issue and Get Liaison Help.

Report an Issue submissions are forwarded to content experts on the Education Abroad and International Student and Scholar Regulatory Practice Committees. Submissions to Get Liaison Help go directly to Regulatory Ombuds who follow up with USCIS liaisons at the Service Centers to assist you. To read case submissions from the past month, click on the type of case below.

Your IssueNet submissions are used for:

  • Agendas for liaison calls and meetings with agency personnel
  • Prioritizing NAFSA's practice advocacy agenda
  • Anecdotal support for policy advocacy
  • Identifying areas for development of training and resources

See What Happened to Your Input!
Visit the ISS-RP and EA-RP Updates (coming soon) and the SEVIS Liaison Call Summaries.

Total Issues Submitted This Month: 151


Get Liaison Help

Type of Case Submissions
I-765 48
I-539 11
I-129 14
SEVIS 8
I-140 1
DOS Waiver Case (212e) 3
Total this Month 85






















Education Abroad
Submissions
Adviser reports student may not receive UK student visa in time to study in London for the 08-09 academic year. Student scheduled to leave on September 17. The student completed the biometric process on August 28 and sent his completed visa application to the Consulate on September 30. Student received notification from the Postal Service that his documents were received by the Consulate on September 4. Student then received notification from the Consulate that his application was being processed on September 12, but the notification said it would take 10 days, which does not allow him enough time, as his plane ticket is for September 17 (orientation begins that day).
1
Adviser reports that student received the following from British Consulate Visa Team:

"Please be advised that we are making further enquiries on your application and will make a decision on your case at the earliest opportunity. Due to the additional work that must be completed the estimated processing time for your application has been revised and may now be up to 25 working days from today's date (9/3). For this reason we strongly recommend that you do not purchase flight tickets at this stage. You will receive further notification by e-mail once we have made a decision on your application."

Student tried to call the British Consulate but was told there was nothing to do until student received another e-mail. Student is due to attend International Orientation on 9/23 and leaving the US on 9/22 and may be without the appropriate documents to leave the country.
 1
Adviser reports that student who submitted his UK visa application to consulate on September 5th has been given a 25-day window, which would have him arriving late for his program (student is set to depart on September 22nd). 1
Student received the message below from the U.K. consulate September 3rd, 2008. Student is scheduled to arrive in England for a student exchange on September 15th, 2008. According to this message, her student visa will not arrive in time for her to depart for the U.K.

Dear Applicant

Please be advised that we are making further enquiries on your application and will make a decision on your case at the earliest opportunity. Due to the additional work that must be completed the estimated processing time for your application has been revised and may now be up to 15 working days from today's date. For this reason we strongly recommend that you do not purchase flight tickets at this stage. You will receive further notification by e-mail once we have made a decision on your application.

Regards

Visa Team

1
Student is participating in a student exchange program in Finland for the Fall 2008 semester. She has yet to receive her student visa into Finland and her visa application has been in the Helsinki Office for some weeks. The student was scheduled to arrive in Finland on September 1st, 2008, but has delayed her departure a week in hopes that visa will arrive in time to start the Fall semester. Student has already missed student orientation and will miss the start of classes even if she receives the visa. 1


F Student Issues
Submissions
Adviser reports that the processing time for OPT requests, data fixes for OPT STEM extensions and for H-1B Cap Gap have been lengthy.
1
If a student applies for pre-completion full-time OPT must the student be concurrently enrolled? Student is a graduate MFA who by the F-1 visa rules needs to be registered and enrolled for 9 credits. However this would be difficult to do either part-time or full-time pre-completion OPT. Is there a way to not be enrolled and only work full-time OPT? If the enrollment is required the regulation at 8 cfr 214.2 (f) (10) (ii) state in miscellaneous category that the student must ‘maintain a full course of study during employment.’  1
If the student wants to take 9 credits (mentor based) can 3 of them be CPT - what do institutions do for internal policies? Adviser’s institution does not advertise to the public but does have a form with Career Services for the MFA program for students to apply on a case by case basis approved by their professor. Can a student do 24 months part time OPT? There’s just 12 months & either they take it part time or full time; correct? What if it's part time and the volunteer minimum is 20 hours/week but then they get offered a full time job as a job with the non-profit?  1
Adviser reports student brought in a letter from doctor confirming pregnancy, but no special medical condition associated with it, and the Doctor wrote that due to the pregnancy student could not take classes. Doctor did not give a specific medical reason for not taking classes other than her due date which happens to be 3 months into the current term. At one of NAFSA conferences some years ago an immigration officer stated that pregnancy alone is not a reason for medical part-time authorization, that there must be other conditions associated with it to qualify for the part-time authorization. Is this still how DHS sees the matter? Is pregnancy alone (no complications) a valid reason to authorize part-time enrollment?  1
Adviser reports that Chemical Engineering (14.0701) is not on the STEM list, and a student was denied the OPT extension. Adviser learned that this may have been reported to ICE by NAFSA. If it has, adviser would appreciate knowing when it was reported and when it is expected to be resolved.
NAFSA note: SEVP has updated the STEM designated degree list. See NAFSA's Web site for more information.
 1

US Consular Affairs and Visas Submissions
Adviser works for an organization that is planning on launching a short-term ESL summer camp for teenagers in the US and it is very unclear whether students would have to apply for B or F visas, or if organization would have to re-design program to fall into the B category (which organization would prefer - see below why). Here are the specifics of the typical program/camp:
- Teenagers: age 13 to 18
- Short-term: weekly modules of only 1, 2, 3 or 4 weeks (most participants will stay for 2-3 weeks)
- Intensive: 21 hours including formal ESL classes + workshops (= supervised periods for study and homework), 15 hours if you consider class time only
- Recreational: sports and fun activities every day after 3.30PM, and field trips on Wednesday afternoon as well as weekends.
The question of 'intent' is difficult. In this case adviser would say it is a mix of recreational, tourism, American culture and study. Emphasis is on progress in conversational English language (through small class size and individualized program) but not necessarily on 'study' (almost no grammatical drills, no vocabulary lists to be learnt). However, the intensive immersion aspects are important and organization does not want to market ourselves as a fun summer camp in America….One important detail to be added: organization is not a school operating all year-round. Even if organization were to want to obtain accreditation, adviser is not sure how: it is adviser’s understanding that to become accredited, you have to be running a program (that SEVIS officials will visit and check), but how could organization possibly be running a program if it can’t accept participants (all international)?
1
Adviser reports that H-1B scholar was told at visa interview that "administrative procedures" are required and will take 3-8 weeks for H-1B visa stamp. Scholar works in the field of molecular biology and adviser believes this is a lengthy SAO. H-1B EOS was recently filed in April and approved in July. At that time a duplicate copy was sent for PIMS. The Professor of Biological Sciences cites the following: The university is a Research I institution and the scholar is the sole person working on the development of chromosome paints in our laboratory as a part of a National Science Foundation Plant Genome project. The project is in its last year and so time is critical to complete the project as planned. The delay will potentially cause our laboratory to fail to complete the project as planned.
1
Adviser reports 2 prospective ESL students who are refugees who tried to get student visas. They were told in the interview that there was no point for them to study English since they could already speak some English. The reason given for their visa denial was a failure to overcome 214(b).
1
A prospective short-term visiting scholar in computer science applied for a B-1 visa stamp on 8/11/2008. As of 9/22/2008 the application was still pending due to a security check.
1


Entry and Travel Submissions
F-1 student graduated summer 2007; was approved for OPT 8/18/07 to 8/17/08. Student requested a SEVIS transfer 5/1/08 to another university for a fall program, which was approved. At that time, the 90 day cap of unemployment during OPT had just been implemented, and this student, though not working, was still eligible for a SEVIS transfer. University also advised him that due to his transfer status, as long as he used the new school's I-20, he could reenter the U.S. at any time during the summer. On June 27, 2008, this student arrived with all of his I-20s, including the new school's I-20. CBP Officer did not admit him, explaining that the student was not considered a transfer student, but rather an "initial" student, and was subsequently subject to the 30-day admission rule. SEVP's previous guidance and the regulations confirm that transfer students, with "transfer pending" I-20s, are eligible for entry into the U.S. earlier than 30 days before the program start date. The officer provided a Record of Sworn Statement in Proceedings. The Statement shows that the officer saw the transfer I-20 but still categorized the student as initial. The student accepted a withdrawal of application for admission and had to pay $4,000 for a return ticket home immediately, a financial and emotional hardship. The F-1 visa was also cancelled.
1
Adviser reports that previous visiting scholar, who completed program and departed the US in a timely manner was subject to secondary review upon return to the United States in a B-1/B-2 visa category due to what was termed "record indicates violation of J-1 status". This is the second time the previous scholar is undergoing such screening since departing in August 2007 without being informed about the alleged violation.
NAFSA Note: The RO may request a flag removed through the SEVIS Help Desk, and/or the scholar may file a complaint through DHS TRIPP www.dhs.gov
1


Social Security Submissions

Adviser reports that student applied for Social Security number 8/18/08 after coming to the U.S. on 7/22/08. During application process, student from Canada went home for a visit on 8/22/08 and returned 8/25/08. At present (9/22/08), student still has not received SS card. Office received call from local Social Security office that there is an unexplained delay in verifying his status. He has retained the same I-94. Per request of local SS office, adviser sent SEVIS screen showing arrival/departure record and also stamp of latest arrival in student passport. Adviser appreciates receiving the call from the local SS office which may help answer why there is a delay. Concern is raised that the SAVE system may be flawed since the student was eligible by being in the U.S. over 10 days. The travel in/out of U.S. should not create the disruption on eligibility for the SS number.

1

SEVIS issues Submissions
Adviser reports that students have requested OPT and it has been approved, but their SEVIS records are not being updated. When USCIS does not provide this information to SEVIS, the records auto complete after 180 days. To correct this problem, advisers must submit a data fix which requires writing a letter and sending a copy of a student's EAD card. Institution does not have the staff to take on the work of the USCIS Claims department. The worst part is not knowing which students are affected--it’s hit or miss. Institution has over 2,000 international students and cannot manually track each student who applies for OPT. Additionally, adviser doesn't always receive copies of students' EAD cards and in such cases cannot request correction.
1
Adviser reports a lot of problems with SEVIS' new procedure regarding OPT. Adviser’s understanding is that the USCIS is supposed to update SEVIS when an OPT application has been approved. This almost never happens. SEVIS expects the DSOs to catch this problem and request that the status be corrected. If advisers do not catch it in time, SEVIS will change the record to "completed" status. This should not be a DSO responsibility. OPT can be issued directly to the student, and in many cases the DSO has no way to determine if it has been issued or not. Adviser urges NAFSA to advocate to get this responsibility returned to the USCIS and SEVIS. That is where the problem lies, and they should be the ones to find a solution. Adviser has come across a few cases where students have been negatively impacted by the change. One student had his EAD stolen, and needs to file for a replacement, but he cannot do so until his SEVIS record is corrected. Another student needs to apply for the OPT extension. His OPT card expires on 09/31/2008. Adviser submitted a helpdesk request on Aug 19, and faxed the required documents on Aug 20. To date his record is still in completed status. Adviser submitted a separate request under IssueNet’s Get Liaison Help.
 1
Adviser reports that SEVIS did a routine maintenance of the system on July 30th, 2008 and this had an impact on some files, especially OPT files that were "COMPLETED" and OPT "CANCELLED", although those students had been approved and are actually working. Adviser so far has 8 students affected by this glitch. SEVIS will fix it but had the adviser not noticed, the students would be in limbo.
 1
Adviser reports that service center is not updating SEVIS with regard to students that have been approved for OPT. SEVIS still has at least 8 students in Requested when they have received their card. Adviser is not able to update their employment record.
Adviser reports that F-1 student applied for OPT, received EAD and SEVIS cancelled OPT in SEVIS because the record was in "requested" status for more than 180 days. Institution has 15 records in SEVIS that are facing cancellation for the same reason. Of those 15, 3 have not yet received the EAD and adviser assumes are pending with USCIS. The other 12 have the EAD and are working on OPT even though SEVIS still indicates requested. Adviser is not sure of the consequences of an OPT cancellation on a student who has already received the EAD. The purpose of this cancellation function in SEVIS is good and understandable; however, it should not have been implemented until the case status could be reliably updated in SEVIS by USCIS. Besides the worry and possible consequences to the student, school officials are being asked to do the legwork needed to cover for this lack of timely updates from USCIS. Adviser thinks this cancellation function should be either be removed or the updates from USCIS be made in a timely matter. 1
Adviser reports issue of CLAIMS (USICS Service Centers) data not updating SEVIS continues to cause undue work for DSOs and potential problems for students. Adviser’s office alone has submitted over 80 correction requests in 2008 to have OPT cases changed in SEVIS from Request or Pending to Approved. 1
Adviser reports an exchange visitor who was listed as "no show." His record was corrected but not his dependents'. Adviser has sent two subsequent emails to the SEVIS Help Desk but no response was forthcoming. His wife is still listed in "no show" status while his record is valid. 1
Adviser reports submitting correction requests online for students who have OPT approved but it is still showing as REQUESTED in SEVIS. These students' OPT will eventually be canceled if adviser does not submit the correction request. Recently they were approved, usually within one week. In the remarks of the correction adviser would write "OPT was approved." Adviser recently submitted a large batch of corrections because there are a large number of students with incorrect OPT status in SEVIS. On 09/09/2008 adviser received a "Request for Information" from the SEVIS Help Desk for 10 corrections. They are requiring that adviser fax a copy of the I-797 approval or the EAD card to the SEVIS Help Desk. These students are all over the U.S. and the amount of time required to gather all of this information, and then to send it to the SEVIS Help Desk, is a waste of resources, especially at this time of year. They should have access to this information to within USCIS. Following is a copy of one of the "Request for information" emails. These corrections will be cancelled within 4 business days if adviser does not supply the information. Adviser has about 20 additional corrections to request but is waiting for a resolution to this large issue before submitting them.

“ *** DO NOT RESPOND TO THIS E-MAIL ***

Regarding the following correction request:

This notice is to inform you that SEVP has begun processing your correction request. However, additional information must be submitted in order to complete this request.

Please fax a copy of the student's I-797 Notice of Action with OPT approval and/or a copy of the student's EAD card to 202-414-8299. Please make sure to reference correction request on all documents faxed.

Note: Failure to respond or comply with an RFI within four business days may result in a denial.
1
Adviser’s institution uses Oracle's PeopleSoft (PASS) to batch to SEVIS. Both the university IT department and Oracle are very concerned because there's very little detailed information about SEVIS II available and it seems that there may not be adequate time for Oracle (and other vendors) to do necessary development and testing. Answers to as many of the following questions as possible would be greatly appreciated.

1). At what point in the SEVIS II timeline will schools and vendors have access to the detailed specifications for batch?

2). At what point in the SEVIS II timeline will schools and vendors have access to a test environment?

3). Are there plans to conduct web-casts or conference calls targeted at batch schools and our vendors? If not, can NAFSA push for this?

4). Will the basic framework for sending and retrieving our batch data via XML file exchanges remain the same? (Our IT department has heard rumors of changing over to Web Services – this would be huge!)

5). What new or revised SEVIS batch events will SEVIS II include?
1
Adviser reports that scholar traveled abroad while under application for change of status from J2 to J1. Instead of a new DS-2019, sholar was issued a duplicate original DS-2019 with the same SEVIS ID#. Scholar obtained a J1 visa with this DS-2019 and re-entered on 10/11/07. Both DS-2019 and I-94 were properly processed by Port-of-Entry Officer. Scholar has been maintaining J1 status ever since. On 02/26/2008, her un-canceled change of status application was denied due to travel and SEVIS record became inactive. ARO faxed SEVIS Help Desk Ticket letter on 8/13/2008 to request bringing SEVIS record back to "active" status and it has been pending for six weeks. ARO called SEVIS Help Desk several times but was told no sure date to process the request. Academic Department is renewing contract with the scholar to extend research project. This issue needs to be solved immediately. It would be greatly appreciated if this issue can be brought to SEVIS Help Desk for expedite processing. 1
Adviser reports that Hurricane Ike has affected southeast Texas tremendously. Adviser’s institution was closed for 2 weeks due to the storm damage. Due to the storm damage, has SEVP issued temporary procedures for completing SEVIS requests (OPT extensions, SEVIS Registration, etc)? 1
Does NAFSA anticipate any problems for students or exchange visitors who pay the I-901 fee before it increases but have visa appointments after the increase? 1
Adviser’s university has a number of students who are post-bac. The issue of what to do with their SEVIS records arises when they decide to no longer enroll. Most of these students do not complete the 2nd bachelors degree so in these cases do you complete or terminate the record? 1
Adviser reports SEVIS is running very slow, particularly the alert lists. This problem has been occurring since at least late June / early July. Besides brief periods of improvement the problem has continued and is seriously affecting productivity and ability to meet reporting requirements in timely manner. 1
Adviser has completed the I-17 and site visit for a new campus. The I-17 now states (as opposed to those from 2003) the degree levels offered, but not specific degrees. The campus offers masters degrees but one of the degrees was not listed on the State Governing Board certificate. When the campus is approved, probably in December, can F-1 students be accepted into the masters program and be issued an I-20 that is not listed on the State certificate? The program not listed was previously held on an off-campus site, but is now held at the campus location. 1
Adviser reports OPT cap gap extension data fix requested 8/26/2008. Student's OPT ended 8/31/08. Data fix has not been completed and student is waiting and unable to work. No information was available when adviser called SEVIS. 1
Adviser reports that while she has had few problems with SEVIS for Js, SEVIS for Fs has been increasingly slow. Adviser has called the help desk on several occasions over the past month. They have been sympathetic but they do not know what the problem is. They have acknowledged that the adviser is not the only one to reports this. It is very difficult to comply with regulatory time frames when a single record may take ten minutes (or more) to access and update. 1
Adviser reports that available campus jobs are diminishing because most all jobs now require that students be eligible for Federal Work Study (FWS). More and more F-1 students simply don't have the option of on-campus employment. Sometimes adviser suggests they try to get the EAD for economic need, but the parameters for this don't include the fact that campus jobs aren't available. Adviser think the regs must be adjusted to account for the dwindling number of campus jobs that international students can access. Fewer American students qualify for FWS, which only increases the demand for the few non-FWS jobs left. 1
Adviser submits question regarding practical training:
1. If a student applies for OPT in December but does not receive approval (case pending) by the time school starts (January 15) can the student work on campus during the pending time (Jan - March)? Student advised to apply in October but may not receive work/volunteer opportunity by Dec. Can the student work off campus as a volunteer during the pending state on an interim EAD card?
2. Where in the regulations does it say that enrollment in classes during part-time pre-completion OPT is mandatory? The student does not want to have to pay for tuition for part time classes or 9 credits graduate level credits while on part time OPT.
3. The student wants to do part time OPT but wants also to work on campus. Would the student be registered in SEVIS like normal but not say enrolled? And can she be paid up to 20 hours part time on-campus employment?
4. If 5 months pre-completion OPT ends at the end of the academic semester May 15, does the student still get vacation May - August?
5. Can the student get CPT twice? The MFA was granted allowance once for an internship over the summer as part of the furniture curriculum but internships are not advertised to the public in print materials, online catalogs, or accreditation materials. Internships are allowed case by case per review by the program director and mentor professor. When will the trigger enact for USCIS to deny the post-completion 6 months to finish her OPT?
1
Adviser reports calling SEVIS Help Desk to request a flag removal. Adviser was told by the Help Desk Asst that SEVIS recently decided to not take requests for flag removals for Terminations due to Auth Early Withdrawal or Change of Status Approval unless the student is having trouble at Port of Entry. This is due to the large number of flag removal requests they are getting. According to the asst, Terminations for these two reasons do not have negative flags. Adviser is concerned for how this will impact traveling students, and also how advisers will document that students have "had trouble" at POE so that flags will be removed. 1
Adviser reports that new OPT rules are over-regulated and confusing to students who must keep track and report days of unemployment, hours per week, etc. A student who has been working 15-18 hrs per week on assignment (which will not count) has a job offer pending. Student is in final interviews, but the job offer may not come until a week after the 90 days of unemployment. Adviser believes that this has become a huge burden to schools with F-1 programs both in managing all the additional reporting, staff time in trying to explain all the ins and outs of this to students, employers, their attorneys, their academic departments, etc. 1
DSO reports that while authorizing part-time CPT for an F-1 (with a part-time pre-OPT application pending) SEVIS would not let DSO add the CPT employment. SEVIS gave an error message that says "OPT employment segments cannot overlap. The start date cannot be prior to the end date of any previous OPT employment." Adviser was not recommending OPT, but was authorizing PT CPT. Since the student was going to withdraw the still pending OPT application, adviser cancelled the OPT recommendation in SEVIS and sent an email to the SC schools email requesting that the OPT application be withdrawn. Once adviser had cancelled the OPT recommendation in SEVIS, she was able to authorize the CPT for the student, but at no time was adviser attempting to recommend OPT that overlapped, so the error message made no sense. Advisers should be able to authorize CPT that overlaps with a pre-completion OPT recommendation. 1
Student reports she applied for my H1B visa at the US Embassy in Cairo. The case was put under administrative processing, and it has been pending for more than one month now, and the consular officer said that it will take only 10 days. The student works as the lead developer in an educational software company, and many of the important projects are currently suspended because of the visa delay. Besides not being able to continue the work in the US, that could cause the company major losses. In addition, student reports her song is unable to complete necessary medical treatment and his health condition in great risk. Is there any way to know the kind of check that is being done for the application or know how long it will take? 1


Department of Labor Submissions
PERM application has been pending more than 19 months. This contradicts the statement of DOL that they are currently working with 03/2007 priority dates audit cases.
1
Institution submitted a PERM application 8/30/2007, received an audit 10/11/2007, and responded 10/31/2007, but still has received no response and no info. This is a long time to wait; especially given two other audits were received at the same time and got quick approvals upon responding at the same general time. Is there some way to follow up on this and see what is happening? Adviser emailed the PERM helpdesk on 3/21/08 but got no response.
NAFSA note: In the 7/15/08 DOL Liaision Meetings DOL stated they were currently working on cases with priority filing date of 3/3007. If an audit has been pending more than 15 months, email plc@doleta.gov.
1


REAL ID/Driver's Licenses
Submissions
Adviser reports that J-1 Research Scholar went to obtain a temporary drivers license. He had 2 DS-2019s. One, stamped with port-of-entry info had the wrong program end date (adviser had made a mistake on original document). So, when scholar arrived, the adviser updated the program end date to reflect one year later, which is what the Principal Investigator had indicated in his letter of invite. The employee at the BMV said that the EV could not get a license b/c his documents were wrong/incongruent. Adviser wrote a letter explaining the discrepancy. Adviser also told the EV to go to a different office in the next town over. The first office has been notorious for giving international students and scholars a hard time, despite the contact adviser has made there.
1

 

Service Center Issues

  • Region I
  • Region V
  • Region X
  • Region II
  • Region VI
  • Region XI
  • Region III
  • Region VII
  • Region XII
  • Region IV
  • Region VIII


  • Region I
    Submissions
    Adviser reports that application for Optional Practical Training received June 11, 2008 has not been approved while other applications with later received dates have been approved already.
    1
    Adviser reports that student’s COS from B-2 to F-1 has been denied on the basis of "the applicant did file timely authorizes them to be in this "period of authorized stay;" however, the applicant would not be considered to be in valid nonimmigrant status... the applicant's nonimmigrant status expired prior to the program start date listed on the SEVIS I-20." The applicant's authorization to stay in the U.S. on I-94 is July 12, 2008. She was issued an I-20 on June 9, 2008, and the COS application receipt notice was issued on June 16, 2008; so student did file a timely application before her B-2 status expired on July 12, 2008. Institution’s summer quarter started on 7/1/08 and it is impossible for CIS to adjudicate such cases in two weeks (from 6/16/08 - 7/1/08), so adviser issued an I-20 for her to start in Fall quarter 2008 (the one following immediately Summer 2008) with a program start date of September 15, 2008. In some situations, adviser has to defer the program start date in SEVIS to prevent the I-20 from being auto-terminated by SEVIS system if the COS is not adjudicated timely. Applicants should not be punished by CIS' lengthy processing time. The applicant was told to leave the US within 30 days from the notice date, which is October 19, 2008. 1
    Adviser reports receiving RFEs from service center for our I-765s for OPT for Visiting Graduates, indicating that further explanation should be given for Visiting Graduate as a degree offered on the campus. The Visiting Grads meet the one year requirement for academic study, and complete their course of study as required by the regs for OPT eligibility. In addition, this is a new issue--EADs have been issued without this RFE in the past. Adviser has 3 of these RFEs so far. 1


    Region III Submissions
    An I-765 was submitted by a student for OPT. The wrong eligibility category was entered on line 16: C 3 C (student should have entered C 3 B)... USCIS approved this application for the 17 month stem extension. The problem is that the student does not meet any of the requirements for the Stem extension (management major, has not been on OPT, is not employed let alone with an E-verify company). In the past when something is mis-entered, USCIS will send a request for more information or a list of problems on the application. The student called USCIS to ask for help and they were quite rude and said to go to the internet for all the information. Finally, they said to resubmit the I-765 with an explanation and they would reevaluate the application. Student sent the I-765 and a letter of explanation along with copies of all the student's documents as well as the incorrect OPT card. USCIS sent a generic letter saying they will not evaluate the application without a new fee.
    1


    Region IV
    Submissions
    A person in L-2 status applied for an EAD in the spring of 2008. She received an RFE on 8/1/08, which she responded to. She received a second RFE on 8/27/08. She thought the RFE looked the same as the first RFE that she had responded to. She called customer service and spoke to the customer service agent who said it was an error and asked her to ignore this last notice. The agent said they had all the evidence on file and the case will be adjudicated soon. Duplicate RFEs are confusing to the scholar, as well as instructions from an agent to ignore the RFE.
    1
    Every time adviser tries to check on status of case using www.uscis.gov adviser receives the message: “*Case Status Retrieval Failed * This Receipt Number cannot be found at this time in the automated system. Please check your case receipt number to see if it is correct. If you have questions or concerns about your case status. please contact the National Service Center.” Adviser did so by phone on 9/16/08 and after reaching a second "live" person, the response was that they can see it has been received but the information has been delayed in inputting into the service center system. Receipt on the I-129 from service center has date of 7/23/08. 1

     

    Region V
    Submissions
    Adviser reports service center is rejecting OPT applications because students are using an outdated I-765 (expired 8/31/08), but that is the only version of the form currently available through the USCIS website. The form needs to be updated, the Service Center needs to be instructed to use the expired form, or advisers need an alternative source for a currently valid form. This was brought to adviser’s attention by student whose application was rejected. Adviser has instructed all other students to stop submitting applications until this issue can be resolved. Adviser has also reported it to both the Service Center and the USCIS website webmaster.
    1
    The form I-765 posted on the USCIS website has expired and is being rejected by the Service center. My students are becoming very anxious as deadlines approach.
    1


    Region VI
    Submissions
    Adviser reports receiving two RFEs asking for documentation that a degree was earned prior to the date a Labor Certification was filed. In both cases, adviser had submitted a credentials evaluation and reference was made to documentation submitted, "However, no transcripts were received." Transcripts should not be necessary if an evaluation is provided. Is this a training issue? Periodically adviser has also received requests for evaluation of a foreign degree, even well-known Canadian universities. Now there seems to be a fixation on transcripts.
    1
    Adviser continues to receive I-140 RFEs requesting documentation that the "petitioner had the financial ability to pay the offered wage as of (x date) and continues to have such ability..." Adviser follows-up with a letter from university Budget Office pointing to a website that contains the university's financial statement. This is not documentation that is included in the I-140 petition on a regular basis but it is an RFE that adviser is seeing repeatedly. 1


    Region VII
    Submissions
    Adviser reports the Approved I-797 has the wrong end date. The I-129 and LCA each have the right date requested. Individual was given 2 years extra than what was requested in the application. Adviser was told by USCIS Customer Service Center to send the original approval notice back to them for correction. Adviser doesn't want to do this, because scholar will not have work authorization documents on his person if he does so. Is there another way to get this corrected?
    1


    Region VIII
    Submissions
    About 3 years ago, advisers had been told that no more processing of interim EADs was going to occur at the District Offices. If the service center is not able to process all of the requests in the allotted time (up to 90 days for OPT requests), up to a month for the data fixes, will interim processing be returned as an option?
    1


    Region X
    Submissions
    Adviser reports that service center is often taking more than 90 days to adjudicate. Post-completion OPT applications may not be made more than 90 days before the requested starting date. The doctoral (Ph.D.) student graduates often have obtained important post-doc positions (especially as regards teaching commitments) that cannot be delayed as can research positions. How can service center speed up post-completion OPT processing so as not to jeopardize students' important post-completion training?
    1
    Adviser reports concern for the number of EAD's that are taking more than 3 months to be issued. A number of students are losing jobs, worried about the 90 days of unemployment accruing, and the service center states that it will not issue temporary EAD's unless over 120 days. This has taken a lot of additional staff time for F-1 schools to explain this to worried and concerned students, their prospective employers, etc. which cannot be good for U.S. business and certainly affects the workload of U.S. schools. 1


    Region XI
    Submissions
    Adviser reports approximately 5 cases of F-1 students who have applied for OPT and have not received an approval for over 90 days. When adviser emails the SC the response is that "the student's case will be assigned to an adjudicator shortly."
    1
    Institution filed a permanent residence petition on behalf of a Research Scientist and he and his wife simultaneously applied for adjustment at the Service Center. The researcher received his EAD card, but the wife did not. Applications for adjustment, EAD and advance parole were received by USCIS on May 5, 2008. The wife did not receive her EAD, although she received an email (dated August 13) telling her the card was approved and would be sent within 30 days. She called the service center on September 15. She called again on September 25 and was told that the reason for the delay was that the biometrics had not been "uploaded." Institution files all of its PR applications at this service center. Adviser has never heard of this. It raises the question “why weren't the biometrics "uploaded" when they were received by USCIS?" 1
    Adviser reports two separate cases where students' I-765 OPT applications were delayed beyond the 90 days. Students mailed their application to the Service Center. They did not submit the application online, however, when students called the 800 Customer Service number they were both told that their application was delayed due to missing biometrics. In both cases biometrics are not required for their OPT application (photos were submitted when mailed to SC). When students checked status of cases online, both still stated that they were pending. One student received her EAD after 20 days of her calling the Customer Service number without doing anything further. The second student went to the District Office a week after calling the Customer Service number by scheduling an appointment through InfoPass and was also told at the District Office that she was missing fingerprints and the officer scheduled a biometrics appointment for her. There were no RFE's in either case. This may be an issue of training on I-765 requirements when submitted directly to the Service Center (not an online application). 1
    Adviser reports that OPT cards have been taking over 3 months to be issued. Adviser’s RegBud sent an email stating that students could call the customer care line and ask that it be expedited. Adviser had 2 students call with this request (and they used the exact wording that RegBud sent in the email). The first student was told that she would need to wait an additional 30 days before asking for an expedite. The other student was sent an email stating that the expedite was rejected with the following wording:
    “The status of this service request is: This expedite request has been denied. Upon receipt of your letter requesting expeditious handling, this matter was reviewed and a determination was made that it does not meet the criteria for special handling. The petition/application will be processed within the normal processing time here at the Center.
    1
    Adviser reports that student (with receipt date of 6/16/08) contacted the National Customer Service Center, and requested an expedite for the reason: "outside normal service center processing times". The officer said he couldn't use the reason "outside normal service center processing times" for expedite request. He said the normal processing time is June 1st as listed on the USCIS website. What should the student do while waiting for over 90 days? 1
    Adviser reports that four of five students who applied for OPT in May have not received their EAD's. The one who did, received it recently, and because of the 14 month rule will only have 10 months of OPT. Additionally, SEVIS did not indicate that she had received approval, so adviser is in the middle of requesting the change. What is causing the delay? 1
    Adviser reports that student applied for OPT on June 10 and case is pending 93 days later. Student called the 1-800 number to request expedite based on "outside normal processing time". Five business days have passed without resolution. 1


    Region XII
    Submissions
    Adviser reports a student's I-765 (for OPT) was returned to him with the reason checked on the "form letter" as being "The USCIS no longer accepts the version of form I-765 you submitted." While the form does say "expires 8/31/08, it is the only version currently posted on the USCIS website. Adviser makes sure to always pull the forms from the website and give them to students. Also, as of yesterday, it is still the only version of the form available. Adviser is preparing for several other students’ OPT applications that were done recently to bounce back as well.
    1
    University filed an H-1B change of status case for a Canadian J-1 holder. The Service Center issued a Request for Evidence for the J-1 visa pages in her passports, but Canadians are visa exempt. This is causing timing delays. 1