MurthyBulletin
VOL. XV, no. 37; Sep 2009, week 2
Posted : Sep 11, 2009
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We know your immigration matters! SM
The MurthyBulletin is the eNewsletter on immigration from the Murthy Law Firm. 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 Extensions : Advance Planning Required
2. VSC on H1B Cap and Third-Party Client Sites
3. Reminder : Murthy's Corporate Teleconference - Wed, Oct 07, 2009
4. MurthyDotCom : Did You Know How Affordable Our Fees Are?
5. 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 Extensions : Advance Planning Required
©MurthyDotCom
Many H1Bs have the expiration date of September 30th. This commonality of I-94 expiration is due to the October 1st start date held by so many, since this is when the new H1B fiscal quota begins, as well as the new U.S. Citizenship and Immigration Services (USCIS) fiscal year. As this date is fast approaching, we remind MurthyDotCom and MurthyBulletin readers, whose H1Bs are expiring this year, that the H1B filing process can no longer be completed at the last minute. Advance planning and preparation is needed, as there have been changes in the Department of Labor's (DOL's) system for certifying labor condition applications (LCAs).
©MurthyDotCom
iCert Means Slower LCAs
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The DOL's new system for processing LCAs is much slower. Prior to iCert, a decision on the LCA was provided virtually instantaneously. The iCert system takes seven days to obtain a decision on the LCA if there is not a problem; longer with a problem. These matters were covered in our August 14, 2009 NewsBrief, iCert Glitch Causes LCA and H1B Delays.
©MurthyDotCom
Timely Filing Required for Maintaining Status
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In order to maintain H1B status in the United States, the requested extension of that status has to be made before the expiration of one's I-94. Delays in obtaining the LCA approval, therefore, may delay the H1B petition filing. This, in turn, can create status problems. The way to avoid this is to plan ahead and not expect to successfully manage a last minute filing. This warning applies to everyone, not only those with I-94s expiring on September 30, 2009.
©MurthyDotCom
Option if Current H1B Expires before New Filing
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If the H1B filing has waited until the last minute, or there is a delay in the iCert or for any other reason, it may still be possible to file the H1B extension. If the H1B petition cannot be properly filed before the expiration of the current status, then it may be necessary to process from outside of the United States; a process referred to as consular notification of the H1B petition. This is the result of not being able to file an extension-of-status request timely.
©MurthyDotCom
It is difficult to know how long an LCA will take in any given case. Thus, while we strongly urge planning in advance, we acknowledge that, in reality, there are many reasons that last minute situations arise. If this happens, there likely are still options available to attempt resuming H1B status. These options, however, usually involve more risk, more time, and additional expense.
©MurthyDotCom
Conclusion
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New systems often create new challenges. Until the glitches in the iCert system are properly addressed, employers are going to have to adjust to the slower H1B timeframe and its impact on their business needs. The Murthy Law Firm reports information to our readers to inform and guide them through H1B systems and procedures, such as the LCA and iCert, as well as other matters.
©MurthyDotCom
Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved
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2. VSC on H1B Cap and Third-Party Client Sites
©MurthyDotCom
The Vermont Service Center (VSC) recently addressed questions from the American Immigration Lawyers Association (AILA) on a variety of topics. The issues relating to H1B cases are summarized here for the benefit of MurthyDotCom and MurthyBulletin readers. Topics include the cap count as well as the important matter of required evidence for H1B workers placed at third-party worksites.
©MurthyDotCom
H1B Cap Progress
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The VSC advised on August 20, 2009 that approximately 34,800 cap-subject H1B cases had been processed for FY2010. At that time, an additional 4,000 cases were awaiting responses to requests for evidence (RFEs), as well as there being 5,000 more pending cases. VSC reports that 1,200 to 1,600 cap-subject cases are being received there per month.
©MurthyDotCom
The ongoing H1B cap count continues to be available on MurthyDotCom. The cap count has had irregular movement, with the numbers decreasing in some of the counts. While the VSC is reporting receipt of 1,200-1,600 cap-subject cases per month, it is noteworthy that the count is moving far more slowly. The VSC explained that the cap count is maintained by USCIS Headquarters. The changes in the count can be the result of adjustments to return H1B denials to the total, as well as multiple filings for the same beneficiary by an employer. Multiple filings result in denials of pending cases, or revocations of approvals.
©MurthyDotCom
Consultant Issues : Third-Party Worksites
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H1B cases filed by IT consultants are facing strict scrutiny. One important issue is the need for proof of the specific work to be performed at the third-party worksite. The U.S. Citizenship and Immigration Services (USCIS) will not accept a statement regarding the duties from the petitioning consulting company alone. The VSC confirmed that a letter from the end client is acceptable as proof of the specific assignment. This may be submitted in lieu of the contract for the work (which is often the contract between a mid-vendor and the end client). According to the VSC, it no longer requests these contracts in its RFEs.
©MurthyDotCom
IT consulting companies must be aware of the need for proof from the end client, and this should be considered prior to filing the case. It should no longer come as a surprise request in an RFE. The need for this letter, as proof of the nature of the position, should be discussed with the end client in advance. Issuance of such letters is becoming a routine practice for companies wishing to engage the services of IT consultants. Companies that may have been reluctant to issue such letters at one time have found it necessary to revise their policies, if they require IT consultants.
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Conclusion
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The change in VSC policy regarding end clients is helpful. Contracts often contain confidential information. They are also often general in nature and may not carry the specific information needed by the USCIS to determine the job duties to be performed under the H1B petition. The end client letter can provide this information in sufficient detail.
©MurthyDotCom
Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved
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3. Reminder : Murthy's Corporate Teleconference - Wed, Oct 07, 2009
Topic : When USCIS Comes Knocking - the USCIS Office of Fraud Detection and National Security (FDNS), Part 2
©MurthyDotCom
The topic of our October 07, 2009 session in this teleconference series continues our look at visits by officers from the USCIS Fraud Detection and National Security (FDNS) Office. Because of the interest in this important matter, attorneys from the Murthy Law Firm will continue discussion of the increasing frequency of such visits to H1B employers, employers’ options in responding to such visits, what to do if the officers want to speak with employees, the authority of the FDNS officers, and the potential consequences of such visits, among other issues. Don't miss Part 2 of this timely topic!
©MurthyDotCom
For those employers who were unable to hear Part 1, or who would like to hear it again, we will replay that teleconference at 1:00pm (ET). Hear Part 2 at 2:00pm (ET).
©MurthyDotCom
Employers and their representatives : register for Oct 07, 2009 here.
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Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved
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4. MurthyDotCom : Did You Know How Affordable Our Fees Are?
©MurthyDotCom
Since Sheela Murthy opened for business in 1994, this firm has worked diligently to offer premium quality service at a cost that is considered a great value by our clients. Employing technology and advanced methods to streamline the work process, our fees are in line with other comparable law firms. It has always been our goal to serve the community well and AFFORDABLY. The Murthy Law Firm has a reputation for quality. Prospective clients should contact our office for accurate fee information to learn that superior service does not have to be out of reach!
©MurthyDotCom
MurthyChat : The next MurthyChat session will be Monday, Sep 21, 2009, 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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Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved
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5. 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.
©MurthyDotCom
Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved
©MurthyDotCom
Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved
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