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Please feel free to share this announcement with your company representative. Future teleconferences will cover a wide variety of topics will be announced on MurthyDotCom and in the MurthyBulletin. We intend to address many of the concerns shared by our readers.
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Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved

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2. CIS Ombudsman on USCIS Receipting Delays  
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Mr. Prakash I. Khatri, CIS Ombudsman, held a teleconference on October 12, 2007 on the topic of USCIS Receipting Delays: How Does This Affect You? This is one in a series of teleconferences the Office of the CIS Ombudsman has been conducting, available to the general public. Because of the importance of the topic, and the ongoing concerns of our clients and the wider immigration community, the Murthy Law Firm participated in this call. Information on earlier teleconferences is available on MurthyDotCom.
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USCIS Statistics on Cases Filed
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Deborah Rogers, Chief of the Information and Customer Service Division, USCIS, provided some information about the USCIS's progress in issuing receipt notices. She stated that 1.2 million applications were filed this summer of 2007. The filings include 500,000 citizenship filings in July and August, as well as 300,000 Adjustment-of-Status (I-485) applications. Normal levels for citizenship case filings are 70,000 in a month and the USCIS usually receives approximately 15,000 Adjustment-of-Status cases in a month. This influx of filings has created a frontlog in issuing receipts, as many MurthyDotCom and MurthyBulletin readers are aware from personal experience.
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Timeframe for All Receipts is Oct 2007
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The USCIS stated that all family-based adjustment cases have been receipted, with all employment-based adjustment cases targeted to be receipted by the end of October 2007. The USCIS also stated that receipts for Employment Authorization Documents (EADs) and Advance Paroles (APs) should all be issued by the end of October 2007. Notwithstanding the receipting delays, the USCIS indicated it will honor the date the application / petition was received, not the notice date indicating the date it was receipted by the USCIS. It is the goal of the USCIS to issue EADs and APs within 90 days of filing.
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USCIS Will Try to Follow FIFO
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The USCIS confirmed that they follow First-In / First-Out (FIFO) order in issuing receipts, but that some cases always require more time to receipt. If a mailroom contractor spots an issue, the file goes to a special unit for review, which can take additional time. If a receipt notice is supposed to have been issued, per the USCIS-posted receipt dates, an individual can call USCIS customer service, who will forward the matter to the service center. Contrary to this information, the USCIS recently acknowledged that receipts were not being issued completely in FIFO order, and that there were cases from early July that had not been receipted. This was reported October 19, 2007 in our MurthyBulletin article, Updates on July and August 2007 AOS / I-485 Filings, available on MurthyDotCom.
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Complaints on USCIS Receipt Delays to Ombudsman
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The CIS Ombudsman accepted questions by eMail from the public prior to the teleconference, and then discussed the key questions after the USCIS completed their comments. The questions reflected that many individuals are having a different experience in receipting delays from the description articulated by the USCIS. Several indicated that they had cases filed in early July 2007, for which they had not yet received receipt notices. The CIS Ombudsman indicated that, if a systemic issue is identified, his office can be eMailed the details, identifying scanned proof of delivery and applicant name. He said that, while a 1-2 week receipting delay from that posted by the USCIS may be normal, 3-4 weeks beyond the date provided by the USCIS could be reason for concern. If one wants his/her individual case researched, however, it would be appropriate to utilize the complaint system.
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EADs to be Issued within 90 Days
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The CIS Ombudsman was asked what an individual should do if his/her EAD or EAD receipt had not been issued and it had been more than 90 days. The reply was that the USCIS intends to have issued EADs by the end of this month or 90 days from date of filing. If not, individuals were directed to call USCIS customer service. It was noted that there have been improper rejections of EAD/AP applications in the mailroom, although they were filed with proof of previously filed I-485s. Mr. Khatri responded that his office will ask the USCIS for comment and will post those remarks on the office's website.
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I-485 Receipt Notice for AP Entry Not Addressed
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It was also asked whether an individual, who has not yet received his/her AP or an I-485 receipt notice, can travel on H1B. The Murthy Law Firm inquired specifically whether there was any official policy clarification regarding instances where individuals travel on H1B without an I-485 receipt notice because of receipting delays. We sought clarification on policy regarding whether they would have problems at the port of entry or if this could result in an abandonment of the I-485. The CIS Ombudsman did not really answer this question. He simply stated that the USCIS is trying to get the APs out to the applicants.
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Receipt Date Controls - Not the Notice Date
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The CIS Ombudsman confirmed that the date a filing is received by the USCIS controls rather than the notice date, which is the date a case is receipted. This is true even if a case is transferred to a different service center to be receipted. Some noted that the wrong date has been reflected on receipt notices and the CIS Ombudsman asked the listening USCIS officials to address the matter with the plan to post the USCIS's remarks on the Ombudsman WebSite. It was also confirmed that cases will be adjudicated according to the date a case is physically received by the USCIS, not the notice date.
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Errors on Receipt Notices Acknowledged
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The CIS Ombudsman addressed questions concerning errors on receipt notices, such as multiple A numbers, typographical errors in the names of applicants, and the notation "unknown" on I-140 receipts referencing the preference category. The only response was that it is believed that the USCIS is making great improvements, but it was recognized that errors do occur. The CIS Ombudsman asked the USCIS officials participating in the teleconference to provide more details on these issues and their solutions. This response also will be posted on the CIS Ombudsman WebSite.
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Delayed Deposits Causes Check Expirations and Bounced Checks
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The CIS Ombudsman received questions regarding checks that are bouncing or expiring because of the lengthy time between issuance and USCIS action to cash these checks. Teleconference participants were told that, if a check bounces, the USCIS is providing the applicant with 14 days to make good on the amount, charging only a nominal fee. If the check is expired, the USCIS will attempt to deposit, but if the bank refuses the check or fails to make the deposit attempt an opportunity will be provided for the applicant to issue a new check for the fee amounts that were in place at the time of filing.
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Questions and answers from this teleconference have been posted on the CIS Ombudsman  website. More recently, on October 24, 2007, the USCIS issued a USCIS Application and Receipting Update, providing that it is currently receipting cases received on August 16, 2007.
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Conclusion
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We at the Murthy Law Firm would like to thank the CIS Ombudsman for holding these regular teleconferences so that the concerns of the immigration community can be addressed. We also thank the USCIS, who indicated that they will be issuing new FAQs every Friday, derived from feedback provided by USCIS customer service agents. We echo the CIS Ombudsman in asking that the USCIS make the FAQs more specific to the issues being faced because of receipting delays. Some of these matters have been answered separately by the USCIS and were covered in the October 19, 2007 MurthyBulletin article referenced above.
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Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved

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3. VSC New Procedures on Expedite Requests
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As of November 1, 2007, the Vermont Service Center (VSC) will begin administering a new screening process for all requests to expedite. The VSC will stop accepting requests to expedite cases transmitted via facsimile (fax). Instead, requests will be routed by telephone through the National Customer Service Center at their toll-free number, 1.800.375.5283.
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Expedite Process Referral by Customer Service to VSC
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Customers and their representatives will be required to call the National Customer Service Center to make their requests. A customer service representative will make an electronic referral to the VSC only if s/he determines that the request for expedited processing meets the established expedite criteria. After that, the VSC will prioritize all requests based on the determination as to whether expedited processing is warranted. The VSC has indicated that all requests will be processed within five days. If any additional information is needed, the VSC will contact customers and their representatives directly. A decision on the case with an accepted request to expedite should be made within ten days after the initial call.
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Criteria to Request Expedite
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As indicated above, the expedite request must fit within the expedite criteria. It is not possible to obtain more prompt action on a case without strong justification. The criteria are as follows.
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Humanitarian Situation  
The example given is when a U.S. citizen or permanent resident petitions for a relative who is requiring medical treatment or other special care, or when there is a minor child who lacks appropriate supervision or security. A visa number must be available in order for this request to be granted.
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Extreme Emergent or Unforeseen Circumstances  
This needs to be an emergency that is of no fault of the person requesting expedited treatment. The example provided is a circumstance in which there is an approved nonimmigrant petition for a member of the arts or other performer, who then falls ill and needs to be replaced quickly.
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Severe Financial Loss to Company or Individual  
For this, it is necessary to show that the failure to adjudicate the petition within specific timeframes would cause severe financial harm or loss to a U.S. entity and that no other remedy exists. It should be noted that one cannot expect to use this ground simply because s/he has planned poorly and has not allowed for normal processing times.
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Service Error  
This covers a situation in which the USCIS has made an error in the case that has delayed the receipt of an immigration benefit.
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Department of Defense or National Interest  
This requires a request from an official U.S. government entity, stating that the delay will be detrimental to our government.
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Advancement of U.S. Cultural and Social Interests  
Expedited treatment is also possible based upon the nonprofit status of the organization seeking to further the cultural and social interests of the United States.
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Conclusion
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This new policy of no longer accepting direct faxes by the VSC could result in delays. With the fax number, it was possible to explain the request in writing. It will now be necessary to explain the situation to a customer service representative over the telephone. The new system hopefully will improve the time and service, since any request for an expedite should be a truly deserving case. It is important that this expedite process should be used sparingly, and only in those cases that fit the criteria. Overtaxing the system with frivolous requests only leads to more and more restrictions.
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4. Reducing Delays for Visa Applicants with Alcohol-Related Issues
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Regular readers of MurthyDotCom and the MurthyBulletin will recall from our recent articles, DOS Policy on Visa Applicants with Drunk-Driving Record (July 20, 2007) and More Visa Delays / Denials at Consulates for Alcohol-Related Offenses (October 12, 2007), that there has been an increase in visa delays and denials of visas due to the new U.S. Department of State (DOS) policy on delays in visa issuance to an applicant with a history of either drunk driving or other alcohol-related offenses. The American Immigration Lawyers Association (AILA) has responded to this situation by suggesting a number of approaches one may take to avoid unnecessary delays and complications with regard to the new DOS procedures.
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DOS Procedure Applies to all Alcohol-Related Offenses
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Since this matter arises most often in connection with alcohol-related driving violation/s, this article addresses those offenses. The procedures apply to all alcohol-related offenses, however. Consular officers must refer certain visa applicants with arrests and/or convictions for alcohol-related driving offenses to a panel physician for further examination. This is in addition to the standard medical exam required in immigrant visa cases.
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Referral to Panel Physician Possible Even with a Single Arrest!
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The referral applies to visa applicants with either a single arrest or conviction for an alcohol-related driving offense within the last three years or those who have two or more arrests or convictions at any time.
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Visa Applicant Can Prepare in Advance
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Because of the complicated nature of this process, it is important for visa applicants who are going to be affected by the new rules to be prepared for the visa interview in advance. First, visa applicants should remember that their existing valid visas likely will be cancelled until after they successfully complete the process. Such individuals should have copies of any arrest reports available, certified court dispositions, and, possibly, personal statements and/or affidavits from others who are familiar with the good moral character of these individuals.
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Some panel physician evaluations can take several weeks, in part because panel physicians may refer applicants further for psychiatric evaluation regarding the issue of alcohol abuse or addiction. Therefore, it is important to anticipate a delay in this process and plan accordingly when traveling outside of the United States.
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In addition, affected visa applicants should anticipate extra fees. For example, there is an $85 fee to undergo an FBI crime-record check that can take anywhere from 1-2 days to two months, depending upon whether the consular post uses electronic or ink procedures to capture fingerprints.
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Conclusion
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The new procedures have not been set uniformly across the consular posts and, therefore, the timeframes and their complexities may vary. It is important to understand, however, that these procedures are being uniformly enforced and, if they make individuals subject to referral to panel physicians, they must disclose their histories and prepare well in advance for the referrals and the visa interviews. Those persons with one arrest or conviction, who do not urgently need to travel, may wish to delay until they reach the three-year point. Those who are eligible for advance parole may wish to use that method of travel to avoid the need to apply for a visa at a consular post abroad only to be delayed for weeks or months.
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5. New Form I-9 for Employment Verification Not Imminent
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In the last weeks of October 2007, many immigration attorneys who are members of the American Immigration Lawyers Association (AILA) have received eMail messages from a company promoting a new Form I-9 (Employment Eligibility Verification) compliance product. This raised some concerns that the Department of Homeland Security (DHS) may publish a new I-9 soon. The I-9 is the form that employers must complete as part of their required efforts to verify and document the employment authorization of their respective workforces.
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AILA has been able to confirm with the DHS that, although the DHS has been working on revisions to the Form I-9, the agency will not release a new version of the form in the near future. As always, a notice in the Federal Register will precede the publication of a new I-9 form.
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We at the Murthy Law Firm, together with AILA, will monitor the situation and report any changes pertaining to the I-9 form to MurthyDotCom and MurthyBulletin readers.
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6. U.S. Assistant Secretary of State for Consular Affairs Warns Against Visa 'Facilitators' from Murthy Immigration Services, Pvt Ltd, Chennai, India
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In an October 2007 press conference, the U.S. Assistant Secretary of State for Consular Affairs, Maura Harty, advised U.S. visa applicants to avoid facilitators who promise visa document packages with guaranteed visas. This was reported in The Hindu, October 11, 2007. We at Murthy Immigration Services, Private Limited (MISPL) (http://www.murthyindia.com) take this opportunity to reiterate that visa applicants should avoid individuals or services making such claims. If and when help is required with U.S. visa applications at consulates abroad, one should seek the help of qualified, experienced professionals. Visa applicants should use their judgment and never take assistance from facilitators who offer fake documentation or guarantee visas.
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The consulates in India have made it very clear that, when making a decision, they rely more on the information elicited from the applicant at the visa interview than on any documents. However, one needs to know the documents that are mandatory for the particular category of visa, and that the documents are complete and supportive so that they can help the visa officer arrive at a positive decision with regard to a particular situation or application.
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Several student, H1B, and tourist visa applicants who have been permanently barred from entering the United States for using forged financial statements, for using forged education or work credentials, or for concealing facts about the presence of siblings or children in the U.S. on DS forms have consulted with us at MISPL. These individuals acted upon the advice of facilitators, who either did not understand the consequences of using false documents when trying to obtain a visa, or were unconcerned with the dire consequences their clients would face and never warned the visa applicants. Most consulates display information indicating that fraud or misrepresentation on an application will lead to permanent ineligibility for a U.S. visa. However, young applicants who aspire to study in the land of opportunity and aged parents who want to visit their children and grandchildren in the U.S. sometimes fall prey to the false promises of unscrupulous facilitators.
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We at the Murthy Law Firm and Murthy Immigration Services, Pvt. Ltd., alert readers to the fact that no one can guarantee a visa under any circumstances. There is no particular package that can ensure issuance of a visa. Each application is adjudicated on its merits and on the facts perceived by the visa officer at the interview. One needs to be aware of the rights and limitations of the particular category of visa for which s/he is applying, and present the case accordingly. Only qualified professionals, knowledgeable and experienced in the area of U.S. immigration law and the nuances of the procedures, should be engaged to guide one through the application process, to maximize one's chances of a successful visa interview.
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7. MurthyBlog : Attorney Murthy's Recent Visit to Consulate in Chennai
Posted on murthyblog.com Oct 23, 2007
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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).
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Attorney Murthy's Recent Visit to Consulate in Chennai
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During her trip to Chennai, India earlier this month, Ms. Murthy visited the U.S. Consulate there. She had the pleasure of meeting again with Chief of the Consular Section, Mark Fry, and with Peter Hancon, the Chief of the Nonimmigrant Visa Section, who also introduced her to John Ballard, the new Country Coordinator of the Fraud Prevention Programs. Attorney Murthy's report on her visit is available on her blog.
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This Blog is available at (http://www.murthyblog.com/murthyblog/2007/10/meeting-at-us-c.html).
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8. MurthyDotCom : Did You Know about Our Rumor Control Page?
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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 often items in U.S. immigration law needing knowledgeable, clear-headed explanations. MurthyDotCom has established a Rumor Control page for immigrants to find fiction separated from truth and the truth clarified by attorneys at the Murthy Law Firm.
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The next session of the MurthyChat will be Monday, Oct 29, 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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9. 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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