MurthyBulletin VOL. XIII, no. 16; Apr 2007, week 3 Posted : Apr 20, 2007 . . . . . . . . . . . . . . "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. To receive MurthyBulletin via eMail, follow this link to subscribe. To Unsubscribe, please go to the end of the eMailed MurthyBulletin and click the URL provided. This an Announcement Only list. Subscribers cannot post to the list. . . . . . . . . . . . . . . TOPICS in this Edition of the MurthyBulletin : From Attorney Murthy : Grieving with the Nation 1. Confusion over Two Receipts Issued in Some H1B Cases 2. Lottery for H1B Cap Cases Updated April 12, 2007 3. May 2007 : EB3 Movement Not for India, China, or Mexico 4. National Interest Waivers (Part 2 of 2) 5. News Release from Immigrants' List 6. MurthyDotCom : Did You Know about Our Page on Contacting Congress? 7. Important Processing Times and Dates . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . From Attorney Murthy : Grieving with the Nation ©MurthyDotCom Like you, we were shocked and saddened on Monday to hear of the senseless, tragic massacre that took place on the campus of Virginia Polytechnic Institute and State University. Our thoughts and prayers are with the victims, their families, the college, and the broader community. The Murthy Foundation has chosen to express our heartfelt sympathies through a donation to a fund established for the purpose of providing grief counseling, memorials, and other expenses associated with Monday's tragedy. MurthyDotCom and MurthyBulletin readers who are interested, may wish to visit (http://www.vt.edu/tragedy/memorial_fund.php) for more information on the Hokie Spirit Memorial Fund. . . . . . . . . . . . . . . 1. Confusion over Two Receipts Issued in Some H1B Cases ©MurthyDotCom The USCIS announced on April 16, 2007, that some of the regular H1B cases subject to the cap will be issued two receipt notices. The reason for this is that the USCIS issued receipts for some (but not all) cap-subject cases filed on April 2nd and 3rd. They changed the procedure before they issued receipts for all cases. Under the new procedure, the USCIS stopped issuing preliminary receipt notices once they realized that the H1B cap had been met on the first business day these cases were accepted, namely, Monday, April 2, 2007. ©MurthyDotCom The USCIS conducted a random, computer-generated lottery on April 12, 2007 to select the H1B cases that would receive the limited cap numbers. More information on the lottery can be found in our article, H1B Cap Cases Lottery Update Post April 12, 2007, article #2 in this week's MurthyBulletin. Each of the cases selected for this year's cap under the random, computer-generated lottery system will receive a receipt. Therefore, all of the initial, preliminary receipts were voided and only those H1B petitions that were selected in the random, computer lottery were issued new receipts on or after April 12, 2007. ©MurthyDotCom Receipts issued prior to April 12, 2007, must be disregarded. Only a receipt issued after the April 12th selection process serves as a valid indication that a case was selected within the Fiscal Year (FY) 2008 cap. If a pre-April 12th receipt was issued, it is possible that the USCIS will provide a second receipt, if the filing was selected under the lottery system for processing on April 12th. It is also possible that, even though a preliminary receipt was issued, the case may not have been accepted for processing as a result of the computer-generated lottery drawing. In such an instance, the case will be rejected and should be returned to the petitioning employer or employer's representative in the upcoming weeks. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 2. Lottery for H1B Cap Cases Updated April 12, 2007 ©MurthyDotCom The USCIS announced on April 13, 2007, that the process of random selection of cap-subject H1B petitions is complete. This process is generally referred to as the lottery. The USCIS received 123,480 cap-subject H1B cases on April 2 and 3, 2007. Since this greatly exceeds the H1B cap allocation, the cases underwent a lottery selection to determine which H1B petitions would be selected by the USCIS for review. The lottery was explained in our April 13, 2007 article, H1B Lottery Starting April 12, 2007, available on MurthyDotCom. ©MurthyDotCom Premium Processing for Regular H1Bs & Advanced-Degree Cap Approvals ©MurthyDotCom These cases are ready for processing now that the lottery is complete. The premium processing 15-day deadline for regular H1B cap cases began on April 12, 2007. The delay in starting premium processing was covered in our April 13, 2007 MurthyBulletin article, Premium Processing for H1B Cap Cases, also available on MurthyDotCom. Those U.S. advanced-degree cap cases that filed under premium processing on April 2nd or 3rd for Fiscal year (FY) 2008, are being processed by the USCIS with the 15-day processing time. The Murthy Law Firm and others have already started receiving those approvals for the U.S. advanced-degree quota cases. ©MurthyDotCom USCIS Issuance of Duplicate H1B Receipt Notices ©MurthyDotCom The USCIS has stated that the properly-filed H1B cases accepted for adjudication will be issued new receipt notices. It should be noted that we at the Murthy Law Firm had already received receipt notices for some of our regular and premium-processing H1B cap cases prior to the lottery selection process. Thus, a receipt alone does not mean that the case has been correctly accepted, particularly those issued before April 12, 2007. The USCIS clarified this matter on April 16, 2007. Essentially, they started issuing receipt notices initially, but subsequently changed their procedure. The initial receipts have been voided, and those H1B petitions selected in the computer-generated lottery on April 12, 2007, will be (or have already been) issued new receipt notices with new receipt numbers. More information on this can be found in our MurthyBulletin article, Confusion with H1B Cases Being Issued Two Receipts, article #1 in this week's bulletin. ©MurthyDotCom Cases Not Selected will be Returned with Filing Fees ©MurthyDotCom If a case is not selected in the lottery, it will be rejected and returned in its entirety with the filing fees. The case will be transmitted to the petitioning employer or employer's representative. The USCIS expects this process to take up to four weeks. In cases for which the filing fee checks were cashed by the USCIS, the U.S. Department of the Treasury will have to refund the employer, if the case was not selected under the April 12, 2007 lottery. ©MurthyDotCom Wait and Hope ©MurthyDotCom Over the next few weeks, the mail will hold good news and relief for some, and devastation for others. We will continue to provide information to MurthyDotCom and MurthyBulletin readers as it is made available throughout this difficult time of waiting. Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 3. May 2007 : EB3 Movement Not for India, China, or Mexico ©MurthyDotCom The U.S. Department of State (DOS) has released the Visa Bulletin for May 2007. After three months of complete stagnation among visa numbers in the employment categories, the employment-based, third preference category (EB3) moved forward significantly for the worldwide chargeability and for the Philippines. There was no movement, unfortunately, for cases charged to India, China, or Mexico. The categories that previously were current remain current. The cutoff dates for the employment-based, second preference category (EB2) for China and India also remain unchanged. The predictions for the future, however, contain a tiny glimmer of hope for stagnant categories. [The most recent Visa Bulletin chart is always available on MurthyDotCom.] ©MurthyDotCom Employment-Based First Preference (EB1) ©MurthyDotCom The EB1 category is current for all countries of chargeability. ©MurthyDotCom Employment-Based Second Preference (EB2) ©MurthyDotCom The EB2 category remains current for all countries of chargeability, except for China and India. There has been no change in the cutoff dates. China's cutoff date is April 22, 2005, while India's cutoff date is January 8, 2003. ©MurthyDotCom Employment-Based Third Preference (EB3) ©MurthyDotCom In EB3, all countries of chargeability have cutoff dates. For the first time in three months, there was forward movement for nationals of many countries in the EB3 category. The movement was significant. For the worldwide chargeability, as well as the Philippines, the cutoff date moved forward by a full year. The new cutoff date for both worldwide and the Philippines is August 1, 2003. This worldwide cutoff date applies to all countries of chargeability except China, India, Mexico, and the Philippines. ©MurthyDotCom Unfortunately for many of our MurthyDotCom and MurthyBulletin readers, the cutoff dates for India, China, and Mexico did not change. India still has a cutoff date of May 8, 2001. China has a cutoff date of August 1, 2002. Mexico remains at May 15, 2001. ©MurthyDotCom Other Worker Category ©MurthyDotCom The EB3 Other Worker category has become unavailable, due to the exhaustion of the very limited visa numbers in this category. It is expected to remain unavailable for the rest of Fiscal Year 2007, which ends September 30, 2007. ©MurthyDotCom Employment-Based Fourth / Fifth / Religious Workers and Targeted Employment (EB4/EB5 Category) ©MurthyDotCom The EB4, EB5, religious workers, and the targeted employment categories are all current. ©MurthyDotCom Translators ©MurthyDotCom This EB4 subcategory for Iraqi or Afghani nationals, who have worked with the U.S. Armed Forces as translators, continues to have a September 18, 2006 cutoff date. ©MurthyDotCom Slow DOL Processing at BPCs Helped Current EB3 Movement ©MurthyDotCom The Visa Bulletin offered an explanation for the forward movement in EB3, as well as a prediction. The reason given for the one-year jump for worldwide and the Philippines was that the U.S. Department of Labor (DOL) still has significant numbers of cases at the Backlog Processing Centers (BPCs). It had been anticipated that these cases at the BPCs would move through the system faster and create a greater demand for visa numbers in EB3. Since this has not yet materialized, the immigrant visa numbers were moved forward to allow for a greater pool of eligible applicants. ©MurthyDotCom Expect Movement in EB3 for Other Countries if DOL is Slow ©MurthyDotCom The DOS stated that, unless there is a significant increase in demand (presumably coming from decisions on cases now with the DOL at the BPCs), the forward movement of numbers could continue in the EB3 worldwide category and the Philippines. Additionally, the DOS stated that this movement could be expanded to other countries of chargeability and other preference categories. This is a change from the DOS's earlier predictions discussed in our March 9, 2007 MurthyBulletin article, Employment-Based Visa Number Predictions, available on MurthyDotCom. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 4. National Interest Waivers (Part 2 of 2) ©MurthyDotCom As promised in our April 13, 2007 article, National Interest Waivers (Part 1 of 2), this week we share with readers some National Interest Waiver (NIW) case success stories from the Murthy Law Firm. These examples, approved over the last year or so, have been selected from the many NIW cases in which we provide representation routinely at our firm. NIWs enable some of the best and brightest from around the world to live and work permanently in the United States, sharing their talents and expertise for the benefit of this country and her citizens, as well as for themselves and their families. One of the features of this category is that it allows for self-petitioning. While it can be filed by an employer, there can be advantages to self-petitioning. All of the cases described below were self-petitions. Therefore, when we refer to the "petitioner" we are referring to the foreign national, not the employer. ©MurthyDotCom In a consultation, we review and assess each case prior to acceptance. We are pleased with our high rate of success for a wide variety of fields. Once again, we thank the clients who so kindly agreed to allow us to share their successes with MurthyDotCom and MurthyBulletin readers. ©MurthyDotCom Cardiovascular Disease Researcher ©MurthyDotCom The Murthy Law Firm received an NIW approval for a client who conducts important work in the field of Cardiovascular Disease Research. The petitioner has produced groundbreaking research in the areas of thrombosis, homeostasis, and myoblast transplant. As cardiovascular disease is one of the top killers of Americans, our client's research is undoubtedly of substantial, intrinsic merit to the nation. We provided evidence that this research has been funded by the National Institutes of Health (NIH), which is further proof that the work is of national importance.  ©MurthyDotCom The petitioner submitted letters from hospitals and universities located throughout the U.S. and the world. The letters, including those from several independent experts, state that our client's past work is indispensable, and that to lose this individual's future work would be detrimental to the field and to the United States. A member of several field-related organizations, including the American Heart Association, the American Medical Association, and the Aerospace Medical Association, the petitioner has authored 14 publications, including journal articles and conference proceedings, and is first author on seven of these articles. The research has been presented at several conferences. The Murthy Law Firm was also able to document that the research has been cited more than 30 times by other researchers in their work. ©MurthyDotCom Neuroscience Researcher ©MurthyDotCom Another successful NIW client conducted novel research in the field of Neuroscience, specifically in the areas of auditory neurobiology, learning, and memory. We successfully proved that the petitioner’s research is of substantial benefit to healthcare in the U.S., as the original research by our client has increased the understanding of brain function and diseases of the brain. This research is national in scope and is of substantial, intrinsic merit, as evidenced by the fact that it has been funded by the NIH and the National Science Foundation (NSF). ©MurthyDotCom The reference letters submitted with this petition indicate that the petitioner is one of the pioneers in the field and that the individual's research has substantially added to the fundamental understanding of the field. The petitioner is a member of the Society for Neuroscience and the Association for Research in Otolaryngology. Our client has published 14 articles in journals and conference proceedings, and is first author on nine of the articles. S/he also presented research at several conferences throughout the U.S. The work has received numerous citations in journals in this field. The work has been discussed in the media on a number of occasions, as well. Our client was interviewed about this research on a radio program, which aired on the British Broadcasting Service (BBC), and information on the research has appeared in several newspapers, and on network and cable television. ©MurthyDotCom We argued that this individual was instrumental in securing numerous grants for the research group and that weight should be accorded to the receipt of funding, notwithstanding the fact that, as a non-citizen, our client was unable to directly apply for federal grants. ©MurthyDotCom Microbiology Researcher ©MurthyDotCom The Murthy Law Firm recently obtained an NIW approval for a client whose area of expertise is in the field of Microbiology, particularly molecular therapeutics. The petitioner conducted significant research that benefits the health and economy of the United States. This research concerns the treatment of fungal infections, mercury poisoning, and cancer. We proved that the research has advanced the fundamental understanding of the molecular mechanisms of antifungal and anticancer compounds. This individual's research has been funded by the NSF and NIH. ©MurthyDotCom Numerous independent experts from the U.S. and around the world provided letters attesting to our client’s contributions, stating that they have significantly advanced the field and will continue to do so in the future. They also state that this research is essential to continued advances in the field. The petitioner is a member of organizations that are integral to the field, including the American Society for Microbiology and the American Association for Cancer Research. S/He has authored 14 publications, including eight journals, five abstracts, and a book chapter. S/He has also authored a pending U.S. Patent Application, and the research has been cited by research groups from all over the world. ©MurthyDotCom Electrical Engineering Researcher ©MurthyDotCom Another successful client conducted important work in the field of Electrical Engineering, specifically in the areas of power engineering and wireless communication systems. The individual has produced novel research in the area of power electronics, which is a new technology revolutionizing the power and energy infrastructure. We successfully argued that our client has improved high-efficiency energy systems through his/her advances in power electronics. The individual’s research is certainly in the national interest, as it has been funded by numerous U.S. government agencies, including the U.S. Department of Defense (DoD), the U.S. Department of Energy (DOE), and the Defense Advanced Research Projects Agency (DARPA). ©MurthyDotCom The petitioner submitted numerous expert letters from private industry and universities throughout the U.S. and worldwide, which attest to the fact that s/he is a foremost leader and a central contributor to the field. Our client is a member of the Institute of Electrical and Electronics Engineers (IEEE) and the Institute of Engineers (IE), and is a Fellow of the Institution of Electronics and Telecommunication Engineers (IETE). S/he has authored 23 publications, including eight journal articles and 15 conference proceedings, and is first author on 16 of the articles. The petitioner also has authored a book. In addition, s/he authored a U.S. patent application and has another patent application under review. The individual has presented research at various national and international conferences, and his/her research has been cited numerous times by other researchers in the field. This individual has served as a reviewer for several journals and conferences in the field. ©MurthyDotCom Our client received a Request for Additional Evidence (RFE), asking for additional evidence that the national interest would be adversely affected if a labor certification were required and that the petitioner’s achievements and accomplishments are substantially greater than other researchers working in the field. The Murthy Law Firm submitted seven additional reference letters, all from independent experts, which establish that this individual’s work is being widely implemented in the field, and that his/her ability far surpasses that of others in this area. Our client also submitted a personal statement, detailing future plans to continue to further the prospective national benefit, as well as letters from potential employers. We provided evidence that this research had been cited more than 100 times by other researchers in the field. The petitioner had published three additional articles since the original submission and was continuing to present research at numerous conferences. ©MurthyDotCom Conclusion ©MurthyDotCom We at the Murthy Law Firm are happy to share our knowledge and experience in filing petitions and obtaining approvals for our clients in the NIW category. As can be seen, successful candidates must be engaged in fields of endeavor, like the arts, sciences, or business. They must be highly accomplished individuals, making unique contributions with ground-breaking knowledge within their fields. Our consistent success is the result of both identifying those cases that are likely to succeed, and properly presenting the evidence in a manner that demonstrates that the petitioner / beneficiary is eligible for the NIW approval. Although one falls within the EB2 backlog, in the self-petitioned case, s/he is allowed to work with any other employer as long as the intent is to continue to working in the field that will prospectively benefit the national interest of United States. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 5. News Release from Immigrants' List ©MurthyDotCom Immigrants' List, the Political Action Committee for which Sheela Murthy is a founding member, has announced the launching of their official website. The April 16, 2007 press release is available, in PDF format, on MurthyDotCom at http://www.murthy.com/immigrantslist.pdf. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 6. MurthyDotCom : Did You Know about Our Page on Contacting Congress? ©MurthyDotCom Participating in the democratic process has its privileges and its responsibilities. At MurthyDotCom we provide visitors with an overview for contacting elected officials to voice your views, whether you have concerns or wish to express your encouragement. Initially published in the MurthyBulletin January 23, 2004, our article entitled, You Can Make a Difference – How to Contact Elected Officials! offers practical information and explains the process. While one must be a U.S. citizen in order to vote, this is not necessary if you would like to contact members of the U.S. Senate or House of Representatives. ©MurthyDotCom The next session MurthyChat will be Monday, Apr 23, 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.  ©MurthyDotCom MurthyForum : Consider joining those who have discovered the value of this service. Our message / discussion board is visited daily by one of our attorneys. ©MurthyDotCom MurthyDotCom - MurthyBulletin - MurthyChat - and MurthyForum - Your ultimate U.S. immigration resources on the Internet all start with MURTHY! ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 7. Important Processing Times and Dates ©MurthyDotCom 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. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 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.   . . . . . . . . . . . . . . Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved MURTHYBULLETIN Weekly Immigration eNewsletter Murthy Law Firm
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