有关Bi-Specialization的Q&As

By: Nicole C. Dillard, Esq. 之前我们为大家报道了有关从4月1日起新的I-129和I-140 filing system, 不少客人向我们咨询这方面的详细消息。在这里，请看AILA对于有关问题的一些解答内容，以供大家参考。 Many of you have been contacting our office regarding the recent information from the USCIS about bi-specialization. The American Immigration Lawyer’s Association has recently posted information regarding bi-specialization. (AILA InfoNet Doc. No. 06033163, posted Mar. 31, 2006) These questions and answers should assist you as you receive notification that your case is being transferred to other Service Centers. Q: What is bi-specialization? A: Bi-specialization is the U.S. Citizenship and Immigration Services' new filing and adjudication procedure for I-129 and I-140 employer-sponsored petitions. Specifically, all I-129 petitions and related applications are to be filed at the Vermont Service Center (VSC). All I-140 petitions and concurrently filed adjustment of status applications are to be filed with the Nebraska Service Center (NSC). Q: What will the California Service Center (CSC) and the Texas Service Center (TSC) adjudicate? A: The VSC and CSC will adjudicate I-129 petitions and related applications while the NSC and TSC will adjudicate I-140 and corresponding adjustment of status applications, including I-765 and I-131 applications. Q: When does bi-specialization go into effect? A: April 1, 2006. Q: What type of petitions does it affect? A: All I-129 and I-140 petitions (including dependent filings, see below) filed after April 1, 2006 will be affected. Q: Where should initial petitions be sent? A: All I-129 petitions should be mailed to the VSC. The VSC will then transfer some of the applications to the CSC. All I-140 petitions should be mailed to the NSC which will split these cases with the TSC. Q: Where should I file TN extensions or change of status requests? A: All I-129 petitions, regardless of the classification being requested, should be filed with the VSC. Q: Where should I file E-1/E-2 extensions or change of status requests? A: All I-129 petitions, regardless of the classification being requested, should be filed with the VSC. The CSC will adjudicate all E-1/E-2 petitions. Q: Will all premium processing cases be adjudicated by the VSC? A: No. Some premium processing cases will be overnighted to the CSC for adjudication. USCIS maintains that the 15 day premium processing timeframe will not be adversely affected by bi-specialization. Q: Where do I file an I-907 for an already pending I-129 petition? A: To request premium processing service for an I-129 that is already pending, file the I-907 with the adjudicating Service Center and include a copy of the filing receipt. Q: How will I know which Service Center is adjudicating my case? A: The Center that generates the receipt notice will be the Center that actually adjudicates the case. Q: What date will determine the receipt date: the date the petition arrived at VSC or NSC or the date the application is received by the adjudicating Service Center? A: Upon receipt of any petition, VSC and NSC will open and date stamp the filing to protect the filing date and/or establish the priority date. The date stamp will mark the filing date for the Center that issues the receipt notice and adjudicates the petition. Q: Where should I file I-539 petitions for dependent family members? A: If the I-539 is filed concurrently with the I-129, the entire I-129/I-539 package should be filed with the VSC. If the dependents are filing separately from the principal and the principal's I-129 is still pending, the I-539 package should be filed with the Service Center where the principal's I-129 is pending, either the VSC or the CSC. Include a copy of the receipt notice for the principal's pending I-129. If the principal's I-129 has already been approved, the I-539 should be filed with the VSC. Include a copy of the principal's approval notice and evidence of his/her current, unexpired status. Q: What about all other I-539 applications? A: The filing instructions for principals and dependents in all other nonimmigrant categories will not change. Until further notice, these applications should be filed according to the instructions on the Form I-539. Q: Where should I send I-485 applications, advance parole renewals, or employment authorization renewals for cases filed prior to April 1, 2006? A: The Center that generated the receipt notice for the I-140 will retain jurisdiction over the case and will be the Center that actually adjudicates the I-485 and all subsequent applications (such as advance parole and employment authorization renewals). Q: Where should I file an I-765? A: If the I-765 is filed concurrently with an I-140/I-485, file the entire package with the NSC. If the I-140 is pending or has already been approved, file the I-485/I-765 package with the Service Center that approved or is currently responsible for adjudicating the I-140 petition. For I-765 petitions not filed concurrently with form I-485, mail the I-765 to the Service Center where the I-485 was filed and is pending. Q: Where should I file an I-131? A: If the I-131 is filed concurrently with an I-140/I-485, file the entire package with the NSC. If the I-140 is pending or has already been approved, file the I-485/I-131 package with the Service Center that approved or is currently responsible for adjudicating the I-140 petition. For I-131 petitions not filed concurrently with form I-485, mail the I-131 to the Service Center where the I-485 was filed and is pending. Q: Will other forms eventually be included in bi-specialization? A: Yes. USCIS plans to completely transition to bi-specialized adjudication of all forms by January 2007. Q: What will happen to sole jurisdiction? A: Bi-specialization overrides sole jurisdiction. Companies that previously filed with one Service Center must now file all applications in accordance with the bi-specialization procedures. ______________________________________________________________________________ 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 www.Fan-Law.com CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]