Various Updates from the Texas Service Center
The Texas Service Center (TSC), in a meeting with AILA, has provided some helpful updates regarding processing of petitions filed with TSC.
Processing Times
TSC has confirmed that the pending application reports posted on the USCIS status check website are generally correct. I-485s filed prior to March 26, 2009 that are still pending should be in for processing and for those I-485s, a streamline request is appropriate. Similarly, TSC has completed review of derivative I-485 that have become separated from the primary I-485, so a streamline request may be appropriate in such cases as well.
AC21 Porting Notifications
TSC is expecting guidance from USCIS headquarters regarding cases in which the I-485 has been preadjudicated and waiting visa number but where a request for recent job verification may be necessary. Currently, there are a high number of preadjudicated I-485 waiting for a visa number; however, many of these I-485 applicants have changed jobs pursuant to the AC21 portability provisions.
It is currently unclear whether TSC will issue an RFE requesting a more recent employment verification letter for these preadjudicated cases. While TSC has indicated a preference to receive AC21 notifications generally, such notifications are not required. Pending USCIS headquarters guidance, we still recommend that AC21 change of employer notifications be filed to “preemt” a possible RFE regarding employment verification even for preadjudicated I-485 cases.
Transfers from TSC to National Benefits Center (NBC)
TSC has confirmed that generally, the reason for transferring unadjudicated cases to NBC is when a I-485 requries an interview. TSC transfers the “A file” to NBC which will then send it to a local office for interview. Generally, TSC does not transfer cases to other centers for workload reasons.
