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1. National Benefits Center -- The caller noted that overall the National Benefits Center is processing family based cases well. She also noted that the staff is processing requests for evidence quickly so that customers can fix errors in a short timeframe.
2. National Customer Service Center (1-800 Line) – Several callers indicated concerns with USCIS’ National Customer Service Center (1-800-375-5283). Although the customer representatives are pleasant and courteous, they do not have access to the proper information and provide incorrect information at times.
3. Information Provided to the Public – A caller described her concern with incorrect and old information provided to I-130 applicants at the Charlotte office.
4. Requests for Evidence for Premium Processed Cases – One caller mentioned concern that for premium processed cases, additional requests for evidence for information already provided are issued on the 15th day when a decision is due.
5. Continued Receipting Problems – Callers mentioned problems that continue as a result of USCIS’ receipting delay this summer such as incorrect receipt dates on notices and improper rejections for correct fee amounts.
Ombudsman Response We first suggest that you review USCIS’ Frequently Asked Questions on these issues to see if your issue is covered. Next, please try calling USCIS’ National Customer Service Center (1-800-375-5283) and ask the call representative to issue a “service request” to research your case. If you have any trouble on the call, please record the name or ID of the representative as well as the date and time of the call and email our office at cisombudsman.publicaffairs@dhs.gov. You may also ask us to research the specifics of your case by using DHS Form 7001 at www.dhs.gov/cisombudsman. For privacy reasons, we require written consent before we can research a case.
1. New York Infopass Appointments – A caller described appearing for Infopass appointments at the Federal Plaza location where the officers tell him to go to the Garden City location. When he goes to Garden City, they tell him to go to Federal Plaza. This is a problem the Ombudsman’s office has heard previously. Can USCIS help explain why this might be happening and how it will be fixed?
2. Naturalization Applications (N-400s) Status Information? – A caller asked how to determine the status of an N-400 application. The caller could not obtain the information from the National Customer Service Center, an Infopass appointment, or by looking at the USCIS website. Can you please explain how to get this information?
3. Will USCIS Use First In First Out Under the New FBI Name Check Memo? – In light of USCIS’ revised policy for FBI name checks for green card applications and selected other applications, the caller asked whether USCIS will use a first in first out approach to process cases delayed by more than 180 days by the FBI name check?
4. How Does USCIS Calculate Posted Processing Times? – A caller noted that there are cases still pending that are beyond the USCIS posted processing times. Can USCIS explain why that might be and the agency’s current efforts to speed up processing times?
5. Unprofessional Employees – A caller described a visit to a local office where the Immigration Information Officers were talking about her thinking she did not speak Spanish, but she did. What steps can a customer take to file a complaint with USCIS, in addition to contacting the Ombudsman? Is there any follow-up after the complaint is filed?
6. A-Number Access? – Another caller asked why USCIS does not provide public access to case information using A-numbers. Is that something USCIS is planning to do in the future?
7. G-28 Attorney Representation Notice On File with USCIS; No Notice to Attorney – The caller mentioned that the client’s travel authorization was approved, but was not sent to the attorney even though a G-28 attorney representative notice was on file with USCIS. The Ombudsman’s office has heard this complaint on visits throughout the country. Can you please explain why an attorney may not receive notification and how s/he can fix this problem?
8. Can Students on an F1 Visa Apply for an H1B Visa After Submitting An Adjustment of Status Application? – Prior to the teleconference, the Ombudsman’s office received this question which was not addressed during the call. Specifically, can a student with an F1 student status who has submitted an adjustment of status application with Form I-485 apply for an H1B visa without nullifying the I-485 application?
1. H-1B & I-485 - Foreign nationals who were on student (F1) visa when they submitted their 485 application now use EAD or Advance Parole based on their I-485 application. Can these individuals apply for H1B visa and, if so, will applying for the H1B visa nullify their I-485 application? This is an issue as the April deadline for H1Bs approaches.
2. FBI Name Check Pending More Than 180 Days - What can applicants do when their I-485 application has been delayed due to a pending FBI name check and it has been over 180 days since the application was filed?
3. H-1B Visa Process - Is there a different process for issuing visas to H1-B applicants who are already in the United States, for example, individuals on an F-1 visa?
In order to receive a change of status to any category that requires an employer to submit a petition, the individual must be the beneficiary of a Form I-129, Petition for Nonimmigrant Worker, filed with the Service Center having jurisdiction over his or her residence. The Form I-129 serves both as the employer's petition and the nonimmigrant's request for the new status. The new status is not effective until the change of status has been approved.
This page was last reviewed/modified on November 13, 2008.