MurthyBulletin
 VOL. XIII, no. 32; August 2007, week 2
 Posted : Aug 10, 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. Delays in Issuance of USCIS Receipt Notices - August 2007

2. Labor Substitution Cases Wrongly Rejected

3. VSC Implements New RFE / NOID Timeframes

4. Naturalization Procedures for Members of the Military

5. USCIS Issues FAQ #3 for July Filings PDF
Posted Aug 8, 2007 on MurthyDotCom

6. October 2007 Visa Bulletin Predictions
Posted Aug 02, 2007 on MurthyDotCom

7. MurthyDotCom : Did You Know about our USCIS Service Center Page?

8. 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. Delays in Issuance of USCIS Receipt Notices - August 2007
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The USCIS has advised that, as of August 3, 2007, they have received a substantially higher than normal volume of filings. This comes as no surprise, as it is most likely related to the July 2007 Visa Bulletin filings. The volume of cases has created a "front log" of cases awaiting initial data entry and issuance of receipt notices. The USCIS advises that the receipt notice delays will not impact eligibility for change of status or extension of status. Cases will be treated as received on their actual receipt dates, even if the receipt notice is delayed. The actual date that the filing was received at the USCIS (receipt date) will appear on the I-797 receipt notice, in addition to a later issuance of the receipt notice (notice date).
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Issuance of Receipt Notices at NSC and TSC
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The USCIS has published updates with information about receipt notices and the order in which they will be issued. As of August 3, 2007, the Nebraska Service Center (NSC) had issued receipts for employment-based I-485s, I-131s, and I-140s filed on or before July 1, 2007. (Although July 1, 2007, is a Sunday, that is the date that was given by the USCIS.) NSC is issuing receipts for I-765s filed on or before July 2, 2007. The Texas Service Center (TSC) is reporting that it is issuing receipts for employment-based I-485s, I-131, and I-765s filed on June 26, 2007.
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Murthy Law Firm Update and Suggestion
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The USCIS plans to provide weekly updates on its issuance of receipt notices. As of last week, the Murthy Law Firm had received some I-485 receipt notices dated July 2, 2007. Those awaiting receipts should also see if their filing fee checks have been cashed. This confirms that the case was accepted for processing. A receipt number of the file / case can be found on the back of the check.
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 Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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2. Labor Substitution Cases Wrongly Rejected
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Following the elimination of labor certification (LC) substitution, effective July 16, 2007, there have been numerous reports from members of the American Immigration Lawyers Association (AILA) regarding rejections of timely-filed I-140 petitions with requests for LC substitutions and amendments. These cases have been wrongly rejected due to a missing original labor certification, even though the U.S. Citizenship and Immigration Services (USCIS) already has the original from a prior I-140 filing from the same employer, in another file at the USCIS. There is a solution proposed to overcome this problem, as explained below in the case of the Texas Service Center (TSC).
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USCIS Suggests Procedures for Refiling
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In order to avoid a subsequent I-140 petition rejection, the TSC recommends that petitioners refile petitions rejected in error, by packing two envelopes, with this notation on the inner envelope:

DO NOT OPEN IN THE MAILROOM
ATTN : MORRIS WHITACRE

TSC asks that a copy of the rejection notice be included with the resubmission, so that they can track and resolve the problem. It is also necessary to include proof of a timely original filing of the I-140 labor certification substitution request for such cases. That is, it is necessary to prove that the labor substitution request was made prior to the law terminating the acceptance of those requests, and then wrongly rejected, in order to request processing of the LC substitution case after the deadline has passed.
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Background Articles on LC Substitution Elimination Regulation
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As regular readers of MurthyDotCom and the MurthyBulletin know, the termination of labor certification substitution cases effective July 16, 2007 has been reported in many articles available on MurthyDotCom, including our July 12, 2007 article Labor Substitutions May Reach USCIS on July 16, 2007.
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 Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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3. VSC Implements New RFE / NOID Timeframes
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 The Vermont Service Center (VSC) has begun implementing the new flexible processing timeframes for Request for Evidence (RFE) and Notice of Intent to Deny (NOID) responses. The new timeframe criteria were reported to MurthyDotCom and MurthyBulletin readers in our June 22, 2007 article, USCIS Clarification on Response Time for RFEs/NOIDs. The earlier, standard 12-week timeframe for RFE response generally is only reserved for requests for evidence coming from an overseas source. Other requests for evidence will now have the shorter timeframes for response, as explained in our earlier article.
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We at the Murthy Law Firm advise those who are filing any immigration petitions or applications that it is always safer to file as complete a case as possible with the USCIS. Of course, with the recent July 2007 Visa Bulletin situation, this may not be possible for many who are filing Adjustment-of-Status cases under the tight timelines of the July Visa Bulletin. Thus, it may be necessary for many such applicants to respond to RFEs under the revised, shorter timeframes. The USCIS's new RFE/NOID timeframe policy is directed, in part, at deterring people from waiting for up to 12 weeks to respond to an RFE just to "buy time." Those who are unable to respond to an RFE/NOID within the shorter timeframes will likely suffer a quick denial.
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4. Naturalization Procedures for Members of the Military
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The U.S. Citizenship and Immigration Services (USCIS) issued an update on the naturalization requirements for members and certain veterans of the U.S. Armed Forces. The Fact Sheet with this information was issued by the USCIS on August 1, 2007. The USCIS statement provides that, since the beginning of the "War on Terror," the USCIS has naturalized more than 33,750 members of the military, with posthumous grants of citizenship to 102 members of the U.S. Armed Forces. Eligibility and criteria for military personnel are outlined below.
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Who Qualifies for Expedited Naturalization as Military Personnel?
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Military personnel eligible for the special naturalization track have to be serving active duty or be recently discharged. The qualifying service is in one of the following branches: Army, Navy, Air Force, Marine Corps, Coast Guard, certain reserve components of the National Guard, and the Selected Reserve of the Ready Reserve.
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Criteria and Exemptions for Naturalization
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Qualifying members must meet the following requirements common to all other naturalization applicants:

  • Good moral character

  • Knowledge of the English language

  • Knowledge of U.S. government and history (civics)

  • Attachment to the United States by taking an Oath of Allegiance to the U.S. Constitution

Qualifying members are exempt from certain requirements pertaining to residency and physical presence in the United States. If an individual who obtains U.S. citizenship through his or her military service separates from the military under "other than favorable conditions" before completing five years of honorable service, such a person may have his or her citizenship revoked.
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Criteria for Those Serving in Wartime and Peacetime
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All members who have served honorably in active duty, including past wars and conflicts, on or after September 11, 2001 are eligible to file for expedited naturalization. All others qualify if they have served honorably for at least one year, obtained lawful permanent resident status, and filed an application while still in military service or within six months of separation from the military.
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Application Procedure
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No filing fee is required for the N-400 for eligible members of the military. Every military installation, whether inside or outside of the United States, has a designated point-of-contact to assist with filing the military naturalization packet. Once complete, the package is sent to the USCIS Nebraska Service Center for expedited processing.
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There is provision for the posthumous grant of citizenship which may be extended to surviving spouses, children, and, in some situations, parents.
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 Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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5. USCIS Issues FAQ #3 for July Filings PDF
Posted Aug 8, 2007 on MurthyDotCom
 ©MurthyDotCom
 The USCIS has released a third set of FAQs regarding the filings affected by the July Visa Bulletin. Find these latest answers to your questions in this PDF document.
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6.October 2007 Visa Bulletin Predictions
Posted Aug 02, 2007 on MurthyDotCom
 ©MurthyDotCom
 We have just confirmed with the U.S. Department of State (DOS) Visa Office that the DOS Visa Bulletin for October 2007 will likely be similar to the DOS Visa Bulletin for January 2007. The January Visa Bulletin was current for EB1, and EB2 for countries of chargeability other than India and China. The EB2 cutoff for China was April 22, 2005; India was January 8, 2003. EB3 cases were all retrogressed, with cutoff dates ranging from May 8, 2001 to August 1, 2002.
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Find this article in its entirety on MurthyDotCom.
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 Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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7. MurthyDotCom : Did You Know about our USCIS Service Center Page?
 ©MurthyDotCom
At the Murthy Law Firm, we receive many inquiries about the specific service centers. Because the service centers are somewhat unique in their procedures and in how they handle cases, we have prepared a page for each. Whether you wish to know about California, Nebraska, Texas, Vermont, or the National Benefits Center (Missouri), we have the information available for you, with convenient links to the processing times for each one. MurthyDotCom has information and analysis on the policies and procedures specific to each of the different USCIS Service Centers. More general news, that affects all of these centers and, perhaps, local offices, as well, is linked from this main page for the USCIS Service Centers.
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The next session of the MurthyChat will be Monday, Aug 13, 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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8. 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.
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 Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved


 

  
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