MurthyBulletin
VOL. XIII, no. 12; Mar 2007, week 4
Posted : Mar 23, 2007
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"We know your immigration matters!" SM
The MurthyBulletin is the eNewsletter on immigration from the Murthy Law Firm. This bulletin is not sent unsolicited. The information provided is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Murthy Law Firm. Full Disclaimer available.
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TOPICS in this Edition of the MurthyBulletin :
1. H1B Cap and Lottery Issues
2. Transfer of I-485s
3. DOS Takes Longer to Issue U.S. Passports
4. News : Immigrants' List
5. MurthyDotCom : Did You Know about Our Travel Page?
6. Important Processing Times and Dates
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Engaging the Murthy Law Firm : Our office can conveniently and efficiently represent clients located anywhere in the United States or abroad on U.S. immigration matters.
Consultations with attorneys at the Murthy Law Firm : You may contact our office to schedule a one-time paid consultation with no further obligation. A scheduled consultation with an attorney at the Murthy Law Firm provides you with details and recommendations based on the specific facts of your case. This will help you with making the right decisions based on the legal options and strategies available.
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1. H1B Cap and Lottery Issues
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As regular MurthyDotCom and MurthyBulletin readers are aware, the first filing date for cap-subject H1B petitions is fast approaching. There is an interesting nuance in immigration law with respect to what happens if the U.S. Citizenship and Immigration Services (USCIS) receives the maximum number of petitions on the first day of filing. Rumors abound that this might occur, but there is no way of knowing until the cases are submitted and the count begins. If the USCIS receives the maximum allowable number of cases on the first day, then the lottery for cap numbers will actually include cases considered to be filed on the first two filing days.
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When is the First Day of Filing?
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H1B petitions for the Fiscal Year (FY) 2008 H1B cap, which is to begin on October 1, 2007, can be filed six months in advance (i.e. April 1, 2007). Because April 1st falls on a Sunday this year, the USCIS will treat all petitions received on both Saturday, March 31st, and Monday, April 2nd, as if they were filed on April 2nd, 2007, the first business day in the filing period. If the cases received on March 31st and April 2nd are sufficient to meet the H1B cap, then the lottery will be a bit different from past years.
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What if the H1B Cap is Reached on April 2nd?
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If the H1B cap is reached on April 2nd, the USCIS will hold a lottery to determine which cases will receive one of the limited cap numbers. Normally, a lottery consists only of the cases filed on the last filing day - the day the cap is reached. Under the USCIS regulations, however, if the cap is reached on the first day of filing, the random lottery will apply to all petitions received on both April 2nd and April 3rd (the first and the second days of filing). Of those petitions, the ones selected in the random lottery will be accepted for processing. Given the volume of expected filings, it is likely that there will be a delay between the day the cap is reached and the notification that it has been reached. We therefore do not expect to know on April 2nd whether the cap has been reached.
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Does this Change the Need to File by April 2nd?
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This does not make it any less urgent to file cases so that they reach the USCIS on March 31st or April 2nd. This interesting nuance only applies IF the cap is reached on April 2nd. No one knows if that will happen, and, as mentioned above, we do not expect to know even on April 2nd. If that does happen, then it is correct that a March 31st / April 2nd filing would have no advantage over an April 3rd filing.
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If the cap is not reached on April 2nd, then all the cases filed on that day would be safe from the standpoint of having a cap number available. The cases filed the following day (or any day thereafter until the cap is reached) would only be safe if there are enough cap numbers to cover them. If the cap is reached after April 2nd, there will be a lottery consisting of a single day's filings for the cases filed on whichever day after April 2nd the cap ultimately is reached.
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2. Transfer of I-485s
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The U.S. Citizenship and Immigration Services (USCIS) is in the process of transferring certain pending applications for Adjustment of Status to Permanent Residence (Forms I-485) among the different service centers. The transfer process, announced in mid-March 2007, is all part of the on-going "bi-specialization" streamlining efforts. Under this transfer process, I-485 cases pending with the California Service Center (CSC) will be transferred to the Nebraska Service Center (NSC). Those pending with the Vermont Service Center (VSC) will move to the Texas Service Center (TSC).
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Bi-Specialization Entails "Sister Center" Processing
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Under bi-specialization, the VSC and CSC are paired as sister centers; the NSC is paired with TSC. Each set of sister centers only processes certain types of cases. This is intended to improve efficiency. A number of articles about bi-specialization can be found on MurthyDotCom. General information on bi-specialization was reported in our March 31, 2006 MurthyBulletin article, USCIS Begins Bi-Specialization April 1, 2006. Most recently, our readers were informed of the new filing procedures for Forms I-129 and I-539 in our March 16, 2007 MurthyBulletin article, USCIS Update on Filing Procedures for Forms I-129 and I-539. See MurthyDotCom for these articles and others on this topic.
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Transfer Includes Retrogressed and Security Cases
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The notice indicated that this transfer includes cases subject to visa retrogression and security and/or background checks. The transfer should be reflected in the online case status system, and a transfer notice will be issued to the applicant or applicant's representative. Persons receiving these notices should understand that this is a routine matter.
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Processing Based on Original Filing Date
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The notice also confirmed that the transferred cases will be placed in the queue for adjudication based upon their original filing dates.
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Merely an Internal USCIS Matter / New Receipt Notices Issued
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This change does not impact any of the current filing instructions. The transfers will occur without any request or action on the part of the applicant. Bi-specialization is purely an internal matter at the USCIS, but we at the Murthy Law Firm believe this is useful information for our readers. We hope to allay concerns if I-485 transfer notices are received, reflecting that cases have been moved to different service centers.
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3. DOS Takes Longer to Issue U.S. Passports
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Citizens of the United States who are planning international travel need to apply for their U.S. passports with more lead time than was previously necessary. As of March 2007, the recommendation is that passport applications should be made at least ten weeks before scheduled travel. In the past, four to six weeks would have been considered sufficient. This change is due to an unprecedented demand for U.S. passports. The U.S. Department of State (DOS) is warning travelers to expect lengthy delays, even when they pay the additional expedite fee for new passports or passport renewal.
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Suspected Cause : New Travel Requirements
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The flood of passport applications is believed to be the result of recent changes requiring passports from U.S. citizens traveling by air to any country, including Canada, Mexico, and the Caribbean. This new requirement is known as the Western Hemisphere Travel Initiative (WHTI). It also coincides with a regular increase in passport applications occurring from the late winter through the early spring, when U.S. citizens are making spring and summer travel plans.
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Recommendation
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U.S. citizens planning to travel abroad this spring or summer should apply for passports as soon as possible. Individuals with naturalization cases pending decision may run into problems obtaining passports if their citizenship is granted shortly before anticipated travel. Many of our clients have children born in the U.S., who also need U.S. passports in order to travel. Parents should be mindful of this potential delay if the family is planning a trip outside of the country.
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Many MurthyDotCom and MurthyBulletin readers travel abroad regularly - to visit family and for business. To those who have some flexibility in their plans, we remind them that the vastness of the United States and variations within this country offer countless entertaining, interesting, educational, and beautiful vacation spots. If passports are a problem and alternative plans are desirable, our readers may like to consider travel destinations in the U.S.
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Reminder : The Western Hemisphere Travel Initiative (WHTI)
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Under WHTI, and since January 23, 2007, all U.S. citizens are required to have passports when they travel by air to any country, including Mexico and Canada. WHTI also is expected to require all U.S. citizens to start using passports as early as January 1, 2008, when they travel to Canada and Mexico, Central and South America, the Caribbean, and Bermuda by land or by sea (including ferries). This requirement does not apply to travel to and from a U.S. territory, which includes Guam, Puerto Rico, the U.S. Virgin Islands, American Samoa, Swains Island, and the Commonwealth of the Northern Mariana Islands. There are very limited exceptions.
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Procedures for Obtaining a U.S. Passport
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Persons applying for U.S. passports for the first time must apply in person. There are more than 8,000 passport acceptance locations in the United States. To find the facility nearest to you, go to the Passport Acceptance Facility search page on the DOS WebSite.
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According the DOS guidelines, in-person applications are also required in the following instances: if an expired passport is not in the possession of the applicant; if it was 15 years since the issuance of an expired passport; if a previous passport was issued when the applicant was under the age of 16; if the applicant legally changed her/his name; or if the previous passport was lost or stolen. In all other instances, an applicant who has previously held a U.S. passport may apply to renew his/her passport by mail. Applications for renewal are also available on the DOS WebSite.
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How to Inquire about a Passport Application
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Status of pending U.S. passport applications is available online at the DOS WebSite. Due to the unusual demand for U.S. passports, the DOS has hired additional staff who can answer urgent inquires at the National Passport Information Center at 1.877.487.2778. This should not be confused with pending applications for U.S. citizenship.
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Conclusion
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Travel requires planning, and now there is just a bit more forethought needed. It may be best for eligible individuals to consider applying for U.S. passports, even if there are no immediate plans for international travel. In situations where there is any chance of an emergency that could necessitate travel abroad, it may make sense to obtain the required travel documents in advance. Even if the parents of U.S. citizen children have valid passports from their own countries of origin, passport applications for these children should be submitted early enough to avoid travel difficulties. We wish our MurthyDotCom and MurthyBulletin readers happy and safe travel during the upcoming spring and summer vacation season and in the future.
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4. News : Immigrants' List
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Attorney Sheela Murthy is one of the founding members of Immigrants' List (immigrantslist.org), a pro-immigration Political Action Committee dedicated to meaningful immigration reform in the United States. This organization will work to support candidates for federal office, regardless of party, who will work for positive changes to immigration law. It is the belief of the committee that a lot of effort is spent in trying to sway elected officials to stand behind a particular bill. By supporting the elections of candidates sympathetic to the issues surrounding immigration, however, the members of Immigrants' List hope to have a longer, more meaningful impact on the direction of U.S. immigration laws and policies.
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5. MurthyDotCom : Did You Know about Our Travel Page?
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Immigrants, nonimmigrants, tourists, and students always have questions about when it is safe to travel and what documentation they should carry. At MurthyDotCom we provide a Travel Page with links to articles as well as to U.S. consulate and embassy websites. Our articles on this topic range from transit to changes in security measures that may impact our readers as they move about the U.S. or reenter from a trip abroad. Whatever your question regarding travel, find your answers on MurthyDotCom!
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The next session MurthyChat will be Monday, March 26, 2007, 9:00pm Eastern Time (U.S.). Please check the chat page for any necessary changes to the schedule. Meanwhile, search the chat transcripts for answers to your questions.
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MurthyForum : Consider joining those who have discovered the value of this service. Our message / discussion board is visited daily by one of our attorneys.
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MurthyDotCom - MurthyBulletin - MurthyChat - and MurthyForum - Your ultimate U.S. immigration resources on the Internet all start with MURTHY!
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6. Important Processing Times and Dates
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Processing Times : For links to processing times for the USCIS Service Centers, district (or local) processing times, the Administrative Appeals Office, Department of State visa bulletin, and Department of Labor dates for the processing of labor certification applications.
Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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Slogans covered by pending applications as service marks of the Murthy Law Firm for registration with the U.S. Patent and Trademark Office include 'Immigration Matters!' 'Your immigration matters!' 'We know immigration matters!' 'We know your immigration matters!' MurthyDotCom, MurthyBulletin, MurthyChat, MurthyForum, and MurthyFoundation. . . . . . . . . . . . . . . This Bulletin is not sent unsolicited. The information provided above is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Murthy Law Firm. Disclaimer and Privacy Policy are available on MurthyDotCom. To Unsubscribe, please click the URL provided below (or copy and paste the URL into the address field of your web browser). Changing profiles is irrelevant to MurthyBulletin subscribers as demographic and personal data was not gathered at the time of initial subscription. |
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