MurthyBulletin
VOL. XIII, no. 40; October 2007, week 1
 Posted : Oct 05, 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. More Questions After I-485 Filing
2. USCIS New Naturalization Test and Eligibility for Waivers

3. AILA Opposes USCIS Rule Invalidating Earlier I-551 Cards

4. USCIS Hotline for Members of the U.S. Armed Forces

5. MurthyDotCom : Did You Know about MurthyTakesAction?

6. 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. More Questions After I-485 Filing
 ©MurthyDotCom
We at the Murthy Law Firm try to provide answers to the questions on the minds of many of our clients and others who contact us with commonly-occurring problems. Many of the questions MurthyDotCom and MurthyBulletin readers have stem from the I-485 Adjustment of Status filings that were made during the summer of 2007. A few issues are addressed here.
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Ability to Extend H1B Status after I-485 Filing
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As a general rule, we advise maintaining H1B/H-4 or L-1/L-2 status after one has filed the I-485, even if s/he could opt to work on EAD. The reason for this is that it provides a "fall back" status in case the I-485 is denied. Some people express surprise that the H1B/H-4 or L-1/L-2 status can be extended after the I-485 is filed.
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Question 1 : Are you sure I can extend my H1B/H-4 or L-1/L-2 status, since I have filed the I-485?
 ©MurthyDotCom
Yes, all of the same rules for the H1B/H-4 extension still apply. It is possible to extend the L-1/L-2 until the end of the 5-year limit for the L1B or 7-year limit for L1A. One in H1B/H-4 status can extend to the end of the 6-year limit, and then take advantage of the provisions allowing extensions beyond the 6-year limitation, if the labor certification or I-140 was filed at least a year earlier. Most importantly for the H-1/H-4 is that s/he can get the 3-year extension beyond the six-year limitation, if the I-140 petition has been approved and there is no available visa number. It does not matter that there was an available visa number when the individual filed the I-485, if there is not availability when s/he requests and receives the 3-year H1B extension/s.
©MurthyDotCom
Social Security Numbers Do Not Change with Status
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Question 2 : I got a social security number with my OPT. I have an H1B starting on October 1, 2007. Do I need to get a new social security number?
 ©MurthyDotCom
 No. Social Security numbers (SSNs) are issued one-per-person, to those who are eligible. This same SSN is used throughout one's lifetime. Once an individual obtains a social security number, s/he then uses that number whenever appropriate. There is no issuance of a new number or any other application that is needed.
©MurthyDotCom
Using EAD to Get Driver's License Does Not Change Status
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Question 3 : My H1B (or H-4) status is pending. My I-94 card has expired, but the extension was filed on time. I need to renew my driver's license, and they want to see an approval from the USCIS. They will not accept the proof that my extension is pending. I must be able to drive. I did receive the EAD I requested as part of my I-485 filing. I do not want to use it to work, however, as I want to maintain my H1B (or H-4) status. The Department of Motor Vehicles will issue my driver's license if I show them the EAD. If I use the EAD for this purpose, will it affect my H1B (or H-4) status?
©MurthyDotCom
No. Showing the EAD to the driver's license authorities does not mean that one is working on the EAD. It is simply showing that this document has been approved, and does not change one's status in any way. Alternatively, one can request speaking with a supervisor at the DMV to present legal documentation that shows the timely filing of an extension of H-1/H-4 status that puts the individual in a period of authorized stay, as well as permitting the H-1 to continue to work under USCIS regulations regarding employment and the American Competitiveness in the Twenty-First Century Act (AC21).
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Conclusion
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Many questions arise after the filing of the I-485. For more FAQs on this subject, reference our September 7, 2007 MurthyBulletin article, Frequently Asked Questions Regarding Recent I-485 Filings, available on MurthyDotCom.
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 Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved

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2. USCIS New Naturalization Test and Eligibility for Waivers
©MurthyDotCom
The U.S. Citizenship and Immigration Services (USCIS) issued a press release on September 27, 2007, announcing the new naturalization test that it will start administering in October 2008. In this press release, the USCIS provides a link to the 100 questions and answers that comprise the civics component of the new test. As reported to MurthyDotCom and MurthyBulletin readers on December 08, 2007, a pilot program was announced. Thousands of naturalization applicants volunteered earlier this year to take the new test at ten USCIS pilot sites over the course of four months. [Changes to Naturalization Test for U.S. Citizenship Expected is available on MurthyDotCom.]
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According to the USCIS, the new test should "help strengthen assimilation efforts by emphasizing fundamental concepts of American democracy, basic U.S. history, and the rights and responsibilities of citizenship." Just nine days before this announcement, the USCIS also issued an updated guidance, outlining the eligibility criteria for medical waivers from the English language and U.S. history and government knowledge requirements. Because the new test is commonly regarded as more difficult to pass than the earlier version of the test, it is expected that some applicants may need to utilize the opportunity for a waiver, if they meet strict waiver eligibility requirements.
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When Will the New Test Go Into Effect?
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All who will file their naturalization applications on or after October 1, 2008, will be required to take the new test. Those who will file their applications before this date, but will be interviewed after October 1, 2008, will be given an option of taking either the new or the old test.
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Major Differences between the Two Versions of the Test
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A naturalization applicant will be required to answer correctly 6 out of 10 questions from the list of 100 questions in both tests, but the major difference is that the new questions will now focus on civics and history topics, rather than the general range of topics in the current test. In addition, the reading and writing portions of the test will contain more civics-based vocabulary.
 ©MurthyDotCom
Eligibility for a Medical Waiver of the Naturalization Test
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A medical waiver is available to the applicant who has an anatomical, physiological, or psychological impairment, diagnosed by a medical professional, that makes it impossible for the applicant to learn English and/or American history and the political structure. The standard for the medical waiver eligibility is quite high and it requires careful preparation of the documentation submitted with the waiver application. The waiver application (Form N-648) is filed concurrently with the Application for Naturalization (Form N-400). Once the USCIS receives both applications, a thorough review of the waiver application will be conducted and the applicant may be asked for additional data, if the information already provided is found to be insufficient.
©MurthyDotCom
Conclusion
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 The new naturalization test, which will be administered starting October 1, 2008, requires preparation. It also requires a command of the English language and civics knowledge. Individuals are often prompted to attain U.S. citizenship for reasons of pride in their adopted homeland, and the desire to vote. In some instances qualification for certain other benefits, available under law only to U.S. citizens, is also an underlying reason to seek U.S. citizenship. As the legal criteria for the waiver eligibility based on medical disability is somewhat stringent, one should consider seeking assistance from an experienced, knowledgeable immigration attorney and a medical professional before filing the waiver on behalf of a family member or other individual.
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 Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved

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3. AILA Opposes USCIS Rule Invalidating Earlier I-551 Cards
©MurthyDotCom
The American Immigration Lawyers Association (AILA) has issued a comment opposing a USCIS proposal to invalidate older "green cards," or I-551 cards, issued without any expiration dates. This proposed regulation was first reported to MurthyDotCom and MurthyBulletin readers in our August 31, 2007 article, Proposed Replacement of Older I-551 Green Card. AILA’s opposition is based upon a number of factors. Among these are: (1) the fact that the USCIS has conceded that the older cards comply with all legal requirements (2) and the fact that the USCIS has failed to provide adequate notification to long-term permanent residents, while making noncompliance a crime. This pertains only to green cards issued before 1989. Expiration dates were included on the I-551 cards after that time, so that renewals would be required about once every ten years.
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Inadequate Notice and Other Problems
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AILA objects to the proposal to invalidate the pre-1989 cards because of inadequate procedures and the too-narrow window of 120 days for notifying those affected by this change. They also note that invalidating the cards will force long-term permanent residents to spend money and undergo potentially lengthy security checks, will interfere with their travel, and will subject them to prosecution for noncompliance.
©MurthyDotCom
AILA suggests a longer timeframe for filing, in the range of several years, if the USCIS does implement this proposed regulation. Further, AILA suggests a fee waiver or reduction, in light of the fact that this proposal was issued shortly after the filing fees were substantially increased. AILA suggest a widespread publicity campaign and individualized notification by mail to each person’s last-known address on file with the USCIS or updated through the AR-11 process. Finally, and importantly, they urge that failure to obtain a new card should not become a crime, as it would under the proposal, and that any prior criminal conviction records should not be required as a condition of processing the request for a new green card.
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Conclusion
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Some valid points are raised by AILA regarding this proposal to protect long-term permanent residents. We at the Murthy Law Firm agree that this class of long-term permanent residents should not be criminalized if they are unaware of the need to replace their green cards. We also believe that this is imposing a substantial cost on these individuals without providing them with any additional benefit, since it would simply impose an expiration date to their permanent green cards. If the USCIS is concerned about the cards that Legacy INS validly issued years ago, then they should replace these at their own expense. They should not transfer this cost to green card holders; especially after having increased the USCIS filing fees so recently and so disproportionately to the amount of work required on the part of the USCIS.
 ©MurthyDotCom
 Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved

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4. USCIS Hotline for Members of the U.S. Armed Forces
©MurthyDotCom
The U.S. Citizenship and Immigration Services (USCIS) has established a toll-free telephone help line for members of the U.S. military stationed abroad and their families. The hotline can be accessed at 1.887.CIS.4MIL (1.877.247.4645). USCIS customer service center specialists are now able to assist more than 40,000 non-U.S. citizens with a variety of immigration-related questions and requests, Monday through Friday, 8:00 a.m. until 4:30 p.m. (Central Time). Calls can be made through the base telephone operator, where the individuals are stationed, or by using the Defense Switched Network (DSN).
 ©MurthyDotCom
Types of Services Available
 ©MurthyDotCom
Members of the U.S. military and their families are able to receive the following services by calling the hotline:

  • Tracking their applications for naturalization (Form N-400)

  • Notifying the USCIS of new mailing addresses or duty stations

  • Checking the status of applications or petitions

  • Bringing their spouses, fiancé/es or adopted children to the U.S.

  • Obtaining posthumous citizenship for a deceased member of the U.S. Armed Forces

  • Submitting an application for expedited processing

Conclusion
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Information on the new hotline for the U.S. military personnel and their family members is provided in the USCIS's August 17, 2007 press release, available at http://www.uscis.gov/files/pressrelease/MilitaryHelpLine081307.pdf. This hotline recognizes the contributions of the members of the U.S. Armed Forces who are willing to fight in protection of us all and lay down their lives for this country.
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 Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved

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5. MurthyDotCom : Did You Know about MurthyTakesAction?
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Aside from our excellent legal services and the online resources we provide, Sheela Murthy and our other attorneys at the Murthy Law Firm are also involved in the active pursuit of knowledge and the exchange of ideas. We regularly contribute to and attend meetings and conferences. We take part in initiatives to improve the condition for immigrants and to aid the U.S. companies that would like to employ them. Learn about some of our efforts and involvement by clicking Community in the left-hand margin of any page.
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The next session of the MurthyChat will be Monday, Oct 15, 2007, 9:00pm Eastern Time (U.S.). There will be NO CHAT session on Oct 8, 2007, as Attorney Murthy will be traveling abroad at that time. 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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6. 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 © 2007, MURTHY LAW FIRM. All Rights Reserved


 

  
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