IssueNet Archive - March 2008
IssueNet submissions fall into two categories - Report an Issue and Get Liaison Help.
Report an Issue submissions are forwarded to Policy and Practice Committee point people, who send monthly reports with their analyses and recommendations to the Policy and Practice Committee for prioritization and follow up. 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
Policy & Practice Committee Monthly Update and the
SEVIS Liaison Call Summaries.
Total Issues Submitted This Month: 208
Get Liaison Help
| Type of Case |
Submissions
|
| I-765 |
21 |
| I-539 |
9 |
| I-129 |
6 |
I-485
|
1 |
| SEVIS |
7 |
| DOS Waiver |
2 |
| Total this Month |
46 |
Education Abroad
|
Submissions |
| Adviser reports receiving a message from a colleague at a university in Rome, Italy, saying that US students will no longer need a visa to study there for summer. The message further states that they will need to do a declaration of presence via Platform though onsite. Adviser seeks confirmation of this policy. |
1 |
| US Visas |
Submissions |
Adviser reports security clearance pending more than four months for J-1 scholar in the Research Scholar category. Scholar is financially sponsored by the Higher Education Commission (HEC) of home country. Scholar first applied for his visa on 11/22/07. Scholar is in danger of losing his funding from the HEC.
|
1 |
| Adviser contacted the DOS public inquiries line. The embassy refused student’s I-20 because it did not have an entry stamp on it. After navigating through 10 minutes of recorded messages and waiting 20+ minutes on hold, the person the adviser spoke with was very short with the adviser. DOS representative took the passport number but would not listen to the explanation and interrupted stating that the student needs a new I-20. |
1 |
| Adviser reports that a student currently on approved OPT has returned to his home country to take care of some personal business. Student’s F-1 visa had expired. When student applied for a new visa, the Consulate told him that his SEVIS record had expired and that they would not be able to issue a visa until his record was updated. SEVIS Help Desk has confirmed that there are no flags on student’s record and that it is active. Adviser emailed the consulate with screen shots of the student's Active SEVIS record. Their response was: student’s SEVIS record needs to appear in their system as having been updated. Please contact the appropriate authorities for further information: www.ice.gov. Regulatory Ombudsperson contacted SEVP and DOS Visa Office. There seems to be a problem with the communication between SEVIS and the consulates not to mention a slow reaction time from SEVP. |
1 |
Adviser reports that due to security checks, a student lost 4 months of his OPT.
|
1 |
| Adviser reports that F-1 student had visa interview on 12/18/2007 and was told to wait for security clearance check. It has been more than two months. |
1 |
| Adviser writes to report no response to an Advisory Opinion request for J-1 research scholar. A request for an AO was submitted on 10/19/2007. In early January, 2008, adviser received a REQUEST FOR INFORMATION asking for a description of the visitor's research. Adviser responded with a description provided by the faculty member outlining the details of the scholar’s research. To date, no response has been received. |
1 |
| Entry and Travel |
Submissions |
Adviser reports that CBP continues to not report students’ entry into the U.S., allows students to enter on I-20's when the end date has passed in SEVIS and for some allowing entry on terminated SEVIS records.
|
1 |
Employment Based
|
Submissions |
Adviser seeks clarification from USCIS on whether or not Advance Parole requests are affected by their 3/5/08 revised instructions on the filing of Form I-131.
|
1 |
| SEVIS issues |
Submissions |
| Adviser reports receiving notice from EVP that redesignation application was not received, which affected the institution’s allotment of Forms DS-2019. Adviser however had the FedEx tracking to show that redesignation application was sent and received. |
1 |
| J Exchange Visitor |
Submissions |
|
Adviser requests guidance on veterinary medicine issues. Institution currently brings veterinary residents and interns as J-1 scholars, but adviser feels that H-1B would be a better fit. Institution’s State SWA views residents as Veterinarians and therefore, the program does not meet the prevailing wage. Adviser has heard some feedback that the J-1 Scholar is not appropriate because there is a clinical component to the residencies. Adviser recommends a survey be conducted to find what visa status interns and residents generally hold, and the salaries of those positions in order to take that information before the State SWA agency.
|
1 |
| F Student Issues |
Submissions |
| Adviser reports student on OPT unable to renew driver’s license. Student has been trying since early February to get her driver’s license renewed. Student is in valid F-1 status and she has her EAD card. The issue seems to be that DDS cannot verify the student’s status through SAVE. Student was told at one time by CIS that the only record they have for her is on a B2. Adviser has spoken with a SAVE representative who confirmed that student was listed as F1 in status. The student went back to DDS per their instructions but was told to come back again in April. Adviser consulted with RegBud, SAVE, SEVP, and DDS. Both RegBud and SEVP state that this is a recurring issue nationwide and specifically in the state of the adviser’s institution. Conclusion was that student could do no more than wait and return in April as instructed. Student has already traveled twice and spent a lot of money on travel as well as experienced unnecessary hardship with her employment as a result. The student has decided to return to her home country due to the hardships this has caused even though student began OPT in January.
|
1 |
| Adviser reports that on February 9th student went to renew driver’s license and was denied because Department of Drivers Services could not find a record of student in SAVE. |
1 |
| Social Security |
Submissions |
|
Adviser reports that a new F-1 student entered the US and all documents appear to be in order. The spelling of student’s name and DOB are all correct on the passport, visa, I-20 and I-94. However, when the student applied for a SS#, SSA office said that his name in the system was misspelled by one letter and they would not issue an SS#.
|
1 |
Service Center Issues
Region I
|
Submissions |
| After applying for I-765 OPT, student realized the check he submitted was from a defunct bank account and would not clear. Our local RegBud suggested that they submit another application. Soon after the receipt notices for both applications arrived. In late November, EAD issued based on second application. In mid-December denial letter received in reference to first application. Reason given: EAD already issued from another application. On 1/2/08, they received a notice from the Debt Management Center in regards to the first application. Alerted student to expect an invoice, said a debt was still due and the government could take legal action to collect. On 1/7/08 another notice received. This said that payment was not received within 14 days of the invoice. Application rejected as improperly filed. A debt continues to be owed. The student has since paid the fee, including late penalty fees. In the future we will wait to receive an RFE or returned application, rather than trying to preempt the RFE. |
1 |
| Region III |
Submissions |
| Adviser reports inability to print forms off of the USCIS website, www.uscis.gov, over the course of a week. |
1 |
| Adviser reports that student was denied OPT because "Title 8, Code of Federal Regulations Section 214.2 (f)(10)(i) states in pertinent part, 'Students who have received one year or more of full time curricular practical training are ineligible for post-completion academic training.' According to your SEVIS records, you have an aggregate of more than one year of full time curricular practical training (754 part time equates to 377 full time). |
2 |
Region VII
|
Submissions |
| Adviser reports calling customer service number to get referral to SC. Told that processing will be about 60 days when issue is immediate. Adviser has a COS from TN to H-1B that was received on 11/8/07, more than a month earlier than the stated processing date of 12/17/2007. The TN status will expire 3/18. Four months should have been enough time for this to be processed with no break in employment. |
1 |
| Adviser reports that student was notified that EAD card was sent on 1/22/08. Neither the adviser nor the student ever received it but are trying to locate it. |
1 |
| Adviser inquires if returned EAD cards for OPT are to be returned to the Service Center. Two students at institution with EAD cards have left the U.S. before finishing their OPT 12 months. |
1 |
Region X
|
Submissions |
| Adviser reports filing PP at SC and receiving receipt via e-mail but not RFE. An RFE was posted on case status on-line but never faxed to adviser. Repeated e-mails received no response. A phone representative said he or she would check on RFE and then left a voicemail for the adviser that they never received the fax and requested adviser to fax again. By this time the adviser had the RFE in the mail. |
1 |
| Adviser reports that (on 9/25/07) adviser filed I-129 Petition for H-1B via Premium Processing is still pending. Service center has advised that it is due to FBI/Name/Background check. |
1 |
| Adviser reports data entry errors where OPT applications are processed at the Service Center. Three students reported that their names appeared incorrectly in their Receipt Notices (I-797C) for their I-765 OPT application. Their receipt notices were issued around March 14. All of the students’ names were printed clearly and correctly in their I-765 forms submitted. Adviser has advised them to call USCIS Customer Service to correct their names. |
1 |
Region XI
|
Submissions |
| Adviser reports that student received his AED card with incorrect dates 01/17/07 to 01/16/08. It should have read 01/17/2008 to 01/16/2009. Student’s record has been removed from institution’s SEVIS OPT list. |
1 |
| Adviser reports F1 student applied for OPT, for which student is eligible, to start on June 5, 2008, through June 4, 2009. When the Receipt Notice arrived the student's name was misspelled. The student contacted the 1-800 number and asked to have the name changed on the application. USCIS provided the student with a case number for his concern. When the EAD and approval notice arrived, the name continued to be misspelled. How can we get the EAD corrected? |
1 |
| H-1B Approval Notice listed incorrect country of citizenship I-129 had correct info. Adviser requested a change in 2006, but corrected application notice never received. H-1B scholar now wants to travel and brought it back up. Adviser called National Customer Service Center which "couldn't find file" and disconnected adviser. |
1 |
