MurthyBulletin
VOL. XIII, no. 25; June 2007, week 4
Posted : Jun 22, 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 :
Senate Revises Bill on CIR!
Posted Jun 17, 2007
1. USCIS Clarification on Response Time for RFEs/NOIDs
2. July 2007 Visa Bulletin Cannot Help Most New Green Card Applicants
3. MurthyBlog : Harvard Law School Worldwide Congress - June 2007
4. MurthyDotCom : Did You Know about Our Rumor Page?
5. 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
Regular readers of the MurthyBulletin will note that this week's eNewsletter is a bit shorter than usual. As posted in our June 13, 2007 NewsFlash! July 2007 : All EB Categories Current, the July Visa Bulletin carried the incredible news that all employment-based categories will be current as of July 1st. This means that many, many clients of the Murthy Law Firm are eligible to file their I-485, Adjustment of Status, cases as of July 1st. These filings must be made within a very small window of opportunity. In order to provide our clients with the excellent service for which the we are famous, all available resources are concentrated on preparing these cases for filing. Rest assured that we will continue to keep readers informed of any urgent immigration news.
©MurthyDotCom
. . . . . . . . . . . . . .
©MurthyDotCom
Senate Revises Bill on CIR!
Posted Jun 17, 2007
©MurthyDotCom
This NewsFlash, on Congress's attempt to revive comprehensive immigration reform (CIR) legislation, was posted on MurthyDotCom on Sunday, June 17, 2007. If you have not read it, yet, you can find it at (http://www.murthy.com/nflash/nf_061707.html).
©MurthyDotCom
. . . . . . . . . . . . . .
©MurthyDotCom
1. USCIS Clarification on Response Time for RFEs/NOIDs
The USCIS is implementing changes with respect to the deadlines for responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). MurthyDotCom and MurthyBulletin readers were informed of the final rule on flexible response times for RFEs in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs.
©MurthyDotCom
The USCIS now has issued further clarification regarding timeframes for RFE and NOID responses in its June 1, 2007 interoffice memorandum. This guidance was issued to the appropriate USCIS directors in order to clarify procedures that became effective on June 18, 2007. This guidance is intended to establish the proper RFE and NOID deadlines, now that we will no longer be operating under the earlier, standard 12-week response time for an RFE and 30-day response time for a NOID.
©MurthyDotCom
TYPES OF FILINGS FOR RESPONSE WITHIN 30 DAYS
©MurthyDotCom
Missing or Incomplete Initial Evidence
©MurthyDotCom
According to the USCIS's June 1, 2007 guidance, applicants and petitioners can be given 30 days to submit missing initial evidence that the form requires, regardless of the nature of the form. Initial evidence is essentially basic, required documentation that is fundamentally necessary in each case.
©MurthyDotCom
The USCIS can deny a case outright for a lack of initial evidence. The issuance of an RFE is purely discretionary on the part of the USCIS, when, in their opinion, the initial evidence was not provided with the filing.
©MurthyDotCom
I-539 Requests to Extend / Change Nonimmigrant Status
©MurthyDotCom
The USCIS also established a 30-day response time to any RFE issued with regard to Form I-539 (Request to Extend / Change Nonimmigrant Status). The Memo explained that the USCIS determined lengthy RFE response times to be inconsistent with the purpose of Form I-539. Therefore, RFEs related to Form I-539 filings will have 30 days to respond.
©MurthyDotCom
OTHER TYPES OF RFE RESPONSES
©MurthyDotCom
Evidence Available within the U.S. : 42 Days
©MurthyDotCom
If the USCIS believes that the missing evidence is available within the U.S., the RFE response typically will be 42 days. This applies to all forms, other than the I-539, discussed above.
©MurthyDotCom
Evidence to be Obtained from Abroad
©MurthyDotCom
If missing evidence is available only from outside the U.S., then the USCIS typically will provide applicants and/or petitioners with up to a total of 84 days to respond to the RFE. This also applies to all forms, with the exception of the I-539, discussed above.
©MurthyDotCom
CONCLUSION
©MurthyDotCom
It is now more important than ever to make every effort to completely document a case before filing. The importance of providing all of the initial required evidence is going to become even more important now than before. Failure to respond to an RFE, with all the required evidence and in a timely fashion, will likely result in a denial. It is important to take the time to file correctly, rather than rush. At the Murthy Law Firm, we believe that it is always better to obtain a slow approval than a quick denial!
©MurthyDotCom
Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
©MurthyDotCom
. . . . . . . . . . . . . .
©MurthyDotCom
2. July 2007 Visa Bulletin Cannot Help Most New Green Card Applicants
©MurthyDotCom
At the Murthy Law Firm, we are receiving many inquiries from people who want to initiate their green card cases now, in June or July 2007, in order to take advantage of the current availability of immigrant visa numbers in July 2007. Those who initiate a green card case now through the PERM process are not going to benefit from the July 2007 visa bulletin, or any continuation of current visa numbers that could possibly occur in August 2007. Of course, if the priority dates remain current when such individuals' PERM cases are approved, and they can file their I-140s and I-485s before the priority dates retrogress, then, and only then, can they benefit.
©MurthyDotCom
Timeframes for the PERM Process
©MurthyDotCom
In order to take advantage of the July Visa Bulletin, it is necessary to file the final stage of the green card case, the I-485 (Application for Adjustment of Status), while the July Visa Bulletin is in effect. One who begins a PERM-based green card case in June will not be eligible for filing the Adjustment of Status (AOS) until her/his PERM labor certification is approved. This could take approximately four to eight months. While it is possible the employment-based (EB) categories that are current for July 2007 in the Visa Bulletin could remain current in August, they may retrogress by then. It is expected they probably will retrogress by September. Thus, by the time the labor certification is approved (assuming certification), the July Visa Bulletin will no longer be in effect and the expectation is that priority dates will no longer be current; at least for the frequently-retrogressed categories (EB3 and EB2 for India and China).
©MurthyDotCom
The 4-to-8-month timeframe for a PERM labor certification is an estimate based upon the steps involved in a PERM filing, including recruitment efforts. This means that PERM cases take a few months for preparation. Once the PERM is filed, approval time can vary from a few days to a number of months. In particular, there have been delays at the Atlanta PERM processing center.
©MurthyDotCom
Who is Helped by the July Visa Bulletin?
©MurthyDotCom
The priority dates becoming current in all employment-based categories, with the exception of the "other worker" category, for all nationals means that the following can benefit.
- The July Visa Bulletin is wonderful news for anyone who has an approved labor certification. These individuals, and their immediate family members, will be eligible to move forward with their green card cases, as long as there is visa number availability.
- It is also good news for people who qualify for green card cases without labor certification, such as Schedule A (nurses and physical therapists) and "special category" cases. These include EB2 National Interest Waivers, previously retrogressed for nationals of India and China.
- Also benefiting from the July Visa Bulletin, as well as the June Visa Bulletin, are those with pending I-485 cases. Since many of these pending cases have current priority dates for June, they can now be approved, if there is no other hold-up in the system. Approvals for some I-485s that were filed long ago, and had just been awaiting a current priority date, are now coming into the Murthy Law Firm. This is expected to continue in July, so that many people with pending I-485s will receive good news in the mail.
- Finally, of course, those eligible to file under the EB1 category (previously current before July 2007) may also continue to file their I-485s concurrently with their I-140 petitions, like before. This may accompany the request for the EAD for work authorization and the Advance Parole for travel abroad, to allow an individual and her/his family members to reenter the U.S. without having to apply for a visa at the consulate abroad.
Conclusion
©MurthyDotCom
We are happy to provide this information to help MurthyDotCom and
MurthyBulletin readers better understand the immigration process and
just what it means to have the priority dates current.
©MurthyDotCom
Copyright © 2007, MURTHY LAW
FIRM. All Rights Reserved
©MurthyDotCom
. . . . . . . . . . . . . .
©MurthyDotCom
3. MurthyBlog :
Harvard Law School Worldwide Congress - June 2007
©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
Harvard Law School Worldwide Congress - June 2007
©MurthyDotCom
Attorney Murthy attends the Worldwide Congress gathering of Harvard Law
School alumni. She speaks before the National Press Club and attends
interesting session. This Blog is available at
(http://www.murthyblog.com/murthyblog/2007/06/talk_and_attend.html).
©MurthyDotCom
Copyright © 2007, MURTHY LAW
FIRM. All Rights Reserved
©MurthyDotCom
. . . . . . . . . . .
. . .
©MurthyDotCom
4. MurthyDotCom : Did You Know about Our Rumor Control Page?
©MurthyDotCom
Whether the result of spreading an
erroneous understanding of the law or getting caught up in a media frenzy
over some issue that is constantly changing, there are always items in U.S.
immigration law needing knowledgeable, clear-headed explanations.
MurthyDotCom has established our Rumor Control page as a place
for immigrants to find fiction separated from truth and the truth clarified
by attorneys at the Murthy Law Firm.
©MurthyDotCom
The next session
MurthyChat will be Monday, June 25, 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
5.
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
Copyright : Documents from this site may be printed for personal use as long as the copyright notices are included on the print-outs and the documents are not modified or altered.