Dispelling Rumors Regarding the H-1 Cap
Posted Nov 20, 1999

We are coming to the end of another calendar year and as always, there are rumors galore about the H1B cap having been met. No one can provide any assurance of when the cap will be met but predictions range from January 2000 to March-April 2000. So, in retrospect, maybe we were lucky last year when the INS met the cap in mid April 1999.

As always, our Item # 1 contains the Immigrant Visa Numbers and Priority Dates. While many EB 3 and some EB 2 candidates are relieved that the priority dates are current for them, particularly for Chinese and Indian nationals, the downside of the INS backlogs in processing the dates is touched upon in Item # 5.

We have attempted to understand and explain the issuance by the INS of alleged excess H1B Petitions during the previous fiscal year in Item # 2 below.

Item # 3 below speaks of the INS position with respect to NIW cases and approvals and some inside statistics which the INS hesitated to share with us. It could be useful for those applying in such a category for future cases. Although we have received overwhelming success with NIW approvals from our office, we continue to scrutinize cases more carefully after the NYSDOT case, before agreeing to assist clients with NIW Petitions. The Law Office of Sheela Murthy, P.C. recently received another compliment from a seasoned legal practitioner who had an opportunity to review one of our NIW Petitions, and in his opinion, the NIW Petition submitted by the Law Office of Sheela Murthy was one of the best submissions of creative and legal writing that he has had an opportunity to witness in his over 17 years of legal practice!

Item # 4 below mentions the time frame for visa reissuance from U.S. Department of State which is, at present, in excess of 8 weeks. The State Department visa office is not entertaining telephone call updates because of their backlogs.

In Item # 5, we discuss the issue of "Lost" Immigrant Visa Numbers since the INS delays in processing I-485 applications has resulted in and will continue to result in immigrant numbers being lost forever. If INS is debating whether to borrow H1B approvals from this fiscal year against an alleged excess of H1B approvals from the previous fiscal year, then we need to discuss crediting the lost immigrant numbers for the benefit of future years caused as a result of INS delays.

Item # 6 discusses the delay in issuance of receipt notices for I-485s at the Texas Service Center mailroom.

Item # 7 has a fairly detailed discussion of the requirements for Citizenship and Disability Waivers available for those intending to become U.S. citizens. This is an evolving area of the law which has not been utilized as much as it should and could, particularly in view of some States making available certain benefits only for citizens.

Item # 8 points out that consular posts will close briefly as a Y2K precaution in early January 2000 and in Item # 10 we provide an update of the Y2K readiness of The Law Office of Sheela Murthy, P.C.

Item # 9 discusses the lobbying efforts of certain groups who are pushing for repeal of certain drivers license requirements which necessitate that the applicant for a drivers license possess a social security card. This could endanger others since many non-immigrants in the U.S. who are here on valid legal status, like the spouse of an H1B status holder who is on an H4 status or an F1 student is often not issued a social security card.

It is the time of year again for me to make my annual pilgrimage to the Chennai consulate in India to meet with the new Chief of the Non-Immigrant Visa (NIV) Section to discuss policy issues and how we can benefit those companies and individuals who may apply for a non-immigrant visa from the consulates in India. The Law Office of Sheela Murthy, P.C. has been sharing the summary of our discussions with the Chief of the NIV Section with over 6,000 AILA attorneys and teaching faculty. We are often called upon to provide advice and guidance on visa and consular matters for other immigration attorneys all across the U.S.

We hope you enjoy and find The Law Office of Sheela Murthy Bulletin useful to you, whether you are a person who is undergoing the immigration process or a Human Resource Manager at an organization that needs to understand immigration updates for the benefit of your employees and to be sensitive to their concerns. Thank you for subscribing to and reading our Bulletin!

~ Sheela Murthy