MurthyBulletin VOL. XIII, no. 24; June 2007, week 3 Posted : Jun 15, 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 : July 2007 : All EB Categories Current! Posted Jun 13, 2007 1. Priority Date Movement and H1B Extension Strategies 2. USCIS Receipt Notices with the Wrong Contact Phone Number 3. Immigration Reform Bill Withdrawn 4. Western Hemisphere Travel : Accommodations for Delayed Passports 5. MurthyBlog : EB Dates are Current & MLF Gears Up! 6. MurthyDotCom : Did You Know about Our Family Section? 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. . . . . . . . . . . . . . . ©MurthyDotCom July 2007 : All EB Categories Current! Posted Jun 13, 2007 ©MurthyDotCom This important NewsFlash on the most recent Visa Bulletin from the U.S. Department of State was sent to all MurthyBulletin subscribers and posted on MurthyDotCom on Wednesday, June 13, 2007. If you have not read it, yet, you can find it at (http://www.murthy.com/nflash/nf_061307.html). The latest Visa Bulletin chart can always be found on MurthyDotCom. ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 1. Priority Date Movement and H1B Extension Strategies ©MurthyDotCom As many MurthyDotCom and MurthyBulletin readers know, there are two rules that provide a basis for extensions of H1B status beyond the standard six-year limit. Since the rule that allows for three-year H1B extensions is tied to immigrant visa number unavailability (retrogression), it is sometimes necessary to take possible priority date movement into consideration when deciding when to file the H1B extension for the 7th-year H1B extensions and beyond. ©MurthyDotCom Basic Rules for H1B Extensions ©MurthyDotCom There are two basic rules for extending the H1B beyond the six-year limit. One rule allows for one-year extensions beyond the initial six years, while the other allows for three-year extensions. ©MurthyDotCom One-Year H1B Extension Rule ©MurthyDotCom The rule that allows for one-year extensions requires that an employment-based green card case was initially filed at least 365 days prior to the requested start date for the H1B extension. This means that the first stage of the case (usually the labor certification, but potentially the I-140 petition in cases that do not require a labor certification) must have been filed 365 days before the start date of the H1B extension that requests time beyond the standard maximum of six years. The eligibility for these extensions does not depend upon visa numbers or any Visa Bulletin issues.   ©MurthyDotCom Three-Year H1B Extension Rule ©MurthyDotCom The rule that allows for three-year extensions requires that the I-140 petition (second stage in labor-certification based green card cases; first stage in those cases that do not require a labor certification) has been approved and that an immigrant visa number is NOT available in the particular category. Visa number unavailability is determined by the Department of State Visa Bulletin, always available on MurthyDotCom. More information about how the Visa Bulletin works can be found in our August 6, 2004 article, Backlog Reduction May Impact Employer Priority Dates, as well as our November 5, 2004 article, Reminder: Priority Date Retrogression Expected. Both are available on MurthyDotCom. ©MurthyDotCom Since the three-year rule requires non-availability of visa numbers, its applicability in any particular case is impacted by Visa Bulletin cutoff date movement. With the good news of the forward movement of visa numbers that will help many to file their I-485s, it could result in their only being able to gain one-year H1B extensions instead of 3-year H1B extensions, based on the priority dates now being current! ©MurthyDotCom Strategy to File When the 3-Year H1B Extension is Possible ©MurthyDotCom H1B cases can be filed up to six months prior to the requested start date. Thus, those seeking three-year H1B extensions should consider filing in advance. This means that they will be filing when a three-year extension is still available to them. If their priority dates are fairly close to being current (or available), then they may want to file quickly, using premium processing, so that their cases are approved while they are eligible for three-year H1B extensions. Otherwise, by waiting, the cutoff dates could move forward sufficiently so that they would not be eligible for three-year H1B extensions. In such a situation, they would be eligible only for one-year extensions, assuming that they have met the 365-day rule. ©MurthyDotCom Example : Raj, an Indian national, has H1B status that expires in November 2007. He also has an I-140 approval in EB2, with a priority date of September 2004. If his employer files an H1B extension in June 2007 using premium processing, it potentially could be approved before his priority date becomes current. (There is no way to predict when that will happen, but the June 2007 cutoff date for EB2 for Indian nationals is April 1, 2004.) ©MurthyDotCom Alternatively, if Raj's employer waits until closer to September 2007 to file and the priority date becomes current / available, then he will only be eligible for a one-year H1B extension. ©MurthyDotCom Strategy to Wait until Visa Number Becomes Unavailable ©MurthyDotCom Since there is a six-month window to file an H1B case, there are situations in which it may be better to wait to file because of the three-year H1B extension rules. While the Visa Bulletin had significant forward movement for June 2007, the expectation is that the dates will move backwards sometime after the summer. Thus, one may wish to wait to file the H1B extension in order to be potentially eligible to request a three-year H1B extension. Of course, the extension must be filed before one's I-94 expires in order to avoid a lapse in status, and it is best not to wait until the very last minute. ©MurthyDotCom Example : Venkat, an Indian national, has an H1B that expires in December 2007. He has an EB3 labor certification case with an approved I-140 petition. His priority date is May 17, 2003. Thus, his priority date is available for June 2007 (as the cutoff date for EB3 for Indian nationals is June 1, 2003). Therefore, if his employer files his H1B case in June 2007, he will only be eligible for a one-year H1B extension. On the other hand, if he waits for a few months, it is likely that the cutoff dates will move backwards and that his priority date will no longer be current / available. In that event, he would be eligible for a three-year extension. ©MurthyDotCom Of course, to avoid any problems, the time will come when Venkat and his employer should not wait any longer to file the H1B extension. The value of a three-year extension is not worth the risk of waiting too long to file and falling out of status. The H1B extension request must be filed before one's I-94 expires, to avoid a break in status. ©MurthyDotCom Conclusion ©MurthyDotCom When using the rules for extending an H1B petition beyond the six-year limit, there can be important timing issues. Having a three-year extension saves considerable time and money in the long run. Thus, those with cases for which the priority date is close to being current, or is current but may retrogress, should understand the options and discuss strategies with qualified, experienced immigration attorneys. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 2. USCIS Receipt Notices with the Wrong Contact Phone Number ©MurthyDotCom The USCIS issued an announcement on June 8, 2007, explaining that it had mailed notices listing the wrong telephone number for the National Customer Service Center (NCSC), in St. Louis, MO. These USCIS receipt notices were issued between March 23, 2007 and June 5, 2007. There was no explanation offered as to how this occurred. The correct NCSC phone number is 800.375.5283. ©MurthyDotCom Duplicate Notices to be Issued ©MurthyDotCom The USCIS estimates that the error could have affected as many as 200,000 customers. Those who received a notice from the USCIS issued between March 23 and June 5, 2007, are asked to disregard the USCIS phone number on the notice. The USCIS is now in the process of sending corrected notices to all customers affected by this error. Thus, no one should be confused by receiving a duplicate notice. Notices issued after June 5, 2007 should list the correct telephone number for NCSC. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 3. Immigration Reform Bill Withdrawn ©MurthyDotCom The Comprehensive Immigration Reform (CIR) bill was withdrawn from consideration on June 7, 2007. This withdrawal by Senate Majority Leader, Harry Reid (D-NV), followed two unsuccessful attempts to end the debate using what is known as cloture. (Cloture is a procedure that allows a placement of time limitations on the consideration of a bill. In order to use cloture, there must be agreement by three-fifths of the full Senate.) This ends the current chapter on the bill dealing with CIR. ©MurthyDotCom Reintroduction of CIR Possible in the Future ©MurthyDotCom Withdrawal of the CIR bill does not make it impossible to bring back at some future date, after further behind-the-scenes negotiations. The Senate recesses in August and campaign issues for the 2008 presidential election will impact the timing of any renewed efforts to reform the immigration system with future CIR bills. We at the Murthy Law Firm will closely monitor the proposal of any new legislation, to keep our readers updated on this important matter. ©MurthyDotCom Conclusion ©MurthyDotCom The uncertainty with respect to potential sweeping changes in immigration laws has been both stressful and exciting, as we consider the potential for positive as well as negative changes to the current system. There were fears that some would be disadvantaged, after years of pursuing permanent resident and other legal immigration status. There were also concerns about limitations that would impact family immigration, including parents of U.S. citizens. Of course, there was hope that we might see increases in desperately needed H1B numbers and immigrant visa numbers. ©MurthyDotCom As anyone who has been involved with immigration law for any length of time knows, however, it is always changing. The question is whether it will change in time - before those who benefit our country with their talents, and the businesses that employ them, decide instead to locate in countries that are more welcoming. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 4. Western Hemisphere Travel : Accommodations for Delayed Passports ©MurthyDotCom Under the Western Hemisphere Travel Initiative (WHTI), U.S. citizens traveling to Canada, Mexico, the Caribbean and Bermuda now have to meet certain passport requirements when traveling by air. These requirements went into effect January 23, 2007. This has created significant demand for U.S. passports. In order to address this problem and to avoid disruption during the heavy travel season this summer, the U.S. Department of State (DOS) and U.S. Department of Homeland Security (DHS) have agreed to allow travel under the WHTI based upon proof of an application for a U.S. passport. This temporary relief is valid through September 30, 2007 for U.S. citizens. ©MurthyDotCom Limited Relief : No Changes in Other Countries' Requirements ©MurthyDotCom This change does not alter any travel documents required by the country that the U.S. citizen is seeking to enter. The U.S. passport requirement is a requirement by the U.S. government. Therefore, flexibility in that requirement on the part of the U.S. government does not change the laws of any other country with respect to entry documents. ©MurthyDotCom This change also does not alter any other U.S. requirements for presentation of passports (U.S. or foreign) for entry. This is limited to U.S. citizens who are traveling by air to Canada, Mexico, the Caribbean and Bermuda. This requirement was reported previously in several MurthyBulletin articles, including our December 8, 2006 article, Reminder: Passports Required for Western Hemisphere Air Travel, available on MurthyDotCom. ©MurthyDotCom What to Submit ©MurthyDotCom Those seeking to use this exception will need to have proof that they applied for a U.S. passport. The instructions for obtaining the proof of application are available on the DOS WebSite. Additionally, these individuals will need to show government-issued photo identification. Although not specifically stated, it would be advisable to carry alternative documentation of U.S. citizenship, such as a birth certificate reflecting birth in the U.S., or a naturalization certificate. It should be noted, however, that often the birth certificate or other proof of eligibility is submitted with the passport application and is, therefore, not available. ©MurthyDotCom U.S. Citizen Children of Residents or Foreign Nationals Covered ©MurthyDotCom While many MurthyDotCom and MurthyBulletin readers are not yet U.S. citizens, many have children who were born in the U.S. Since these children are U.S. citizens, they are covered by the WHTI requirements. ©MurthyDotCom FAQs and Answers Available ©MurthyDotCom The DOS has anticipated questions that are likely to arise from this change. They have responses to Frequently Asked Questions (FAQs) with regard to this issue on their website at (http://www.travel.state.gov/travel/cbpmc/cbpmc_3254.html). ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 5. MurthyBlog : EB Dates are Current & MLF Gears Up! ©MurthyDotCom An entry from Attorney Murthy's personal blog will be selected on a regular basis and included here. To keep up with the MurthyBlog in its entirety, find it at (http://www.murthyblog.com). ©MurthyDotCom EB Dates are Current & MLF Gears Up! ©MurthyDotCom Attorney Murthy explains how the Murthy Law Firm is prepared for the onslaught of cases that will result from the Department of State's action this week, making current all but the Other Worker category for employment-based immigration cases in July 2007. This Blog is available at  (http://www.murthyblog.com/murthyblog/2007/06/murthyblog_eb_d.html). ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 6. MurthyDotCom : Did You Know about Our Family Section? ©MurthyDotCom At MurthyDotCom we provide visitors with a section specifically devoted to matters surrounding your dependants and other family members. Whether you are wondering about the aging out of a child or what the implications of a change in law are for a nonimmigrant spouse (H-4, L-2, etc) or about your eligibility to sponsor certain family members for visitors' or immigrant visas, our Family section is an excellent place to begin your search for information. ©MurthyDotCom The next session MurthyChat will be Monday, June 18, 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 ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 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
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