MurthyDotCom : U.S. Immigration Law

MurthyBulletin
VOL. XIII, no. 44; November 2007, week 1
Posted : Nov 02, 2007

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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. Final Rule: I-485 Receipt Notices Not Required for H & L Travel

2. I-140 Receipt Notices with EB Category "Unknown" are Common

3. Previously-Approved Labor Certifications Expire Jan 12, 2008

4. Did You Know about USCIS Community Relations Program?

5. Report from U.S. Consulates in India and VFS Global Services
from Murthy Immigration Services Pvt. Ltd., Chennai, India

6. MurthyDotCom : Did You Know the Value of Our Articles?

7. 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. Final Rule: I-485 Receipt Notices Not Required for H & L Travel
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The Department of Homeland Security (DHS) issued a Final Rule, effective November 1, 2007, that eliminates the requirement that a person traveling in H or L status have the receipt notice for any I-485 Application for Adjustment of Status that s/he has filed. Long-time readers of MurthyDotCom and the MurthyBulletin will recall that the U.S. Citizenship and Immigration Services (USCIS) is an agency of the DHS. This rule comes as a relief to many who filed their I-485s in June, July, and August 2007, as well as future applicants. The likelihood of this change was reported in our October 19, 2007 article, Updates on July and August 2007 AOS/I-485 Filings.
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Earlier Rule Required the Original I-485 Receipt Notice
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The prior rule stated that an I-485 is deemed abandoned if an individual travels abroad without an advance parole (AP) approval, unless s/he is traveling in H1B/H-4 or L-1/L-2 status. To use this approved AP exception, however, the traveler was also supposed to carry the original receipt notice for the I-485 in order to reenter the United States. While the receipt notice portion of the regulation historically was not enforced, it created uncertainty and potential problems. Fortunately, as of November 1, 2007, a person is no longer required to have or to show an I-485 receipt notice in order to travel abroad and reenter using his/her H or L nonimmigrant status.
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Rationale - Delays in Issuance of Receipt Notices
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In issuing the Final Rule, the DHS noted that it is not always possible to ensure immediate issuance and mailing of receipt notices. Delays in sending the notices create problems for applicants in H1B/H-4 or L-1/L-2 status who need or want to travel abroad. The DHS found this to be unduly burdensome and unnecessary. They also issued this as a Final Rule, rather than as a proposed regulation with a comment period, because it eliminates an unnecessary burden on foreign nationals, without changing the manner in which cases are adjudicated or immigration benefits are determined. The DHS wanted the rule to take effect as soon as possible, to avoid further hardships with respect to travel.
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Conclusion
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This is a favorable and necessary change. The I-485 receipt requirement did not serve any clear purpose, and only created potential complications and uncertainty. We at the Murthy Law Firm are pleased with this change, as it facilitates travel for our clients and many throughout the immigrant community who must leave the U.S. for business and/or family matters.
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Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved

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2. I-140 Receipt Notices with EB Category "Unknown" are Common
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We at the Murthy Law Firm have noticed that many of the receipt notices for I-140 petitions have the word "unknown" in the portion related to the section of the law or the employment-based (EB) category under which the case has been filed. This appears in a box on the right-hand side, under notice type. This has caused some concern, which is clarified here for MurthyDotCom and MurthyBulletin readers. There is no need for concern, since the USCIS hopes that the I-140 approval notices will have the correct EB category when the USCIS examiner reviews the file.
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Unknown Does not Mean Unknown EB Category
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The notation of "unknown" on the I-140 does not mean that there is some mistake or confusion over the category or section of law under which the I-140 was filed. The notation is simply the result of the high volume of cases that was filed in July and August 2007. Because of this unprecedented increase, both in I-140/I-485 filings and in naturalization filings, it became necessary to make some changes with respect to receipts. In order to avoid an extended front log in receipting by reviewing the file to determine the EB category under which the case was filed, the USCIS directed the receipting contractor to enter the data fields that are required to process filings. After all the receipting is complete, the additional data will be entered.
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How Will I Know the EB Category?
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The EB category is determined when the I-140 petition is submitted, based upon a series of check boxes. The proper category should be reflected in any approval notice that is issued. This should be double-checked, since mistakes occasionally do occur.
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Conclusion
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It was necessary for the USCIS to find a way to issue timely receipt notices on over 300,000 cases filed during the summer of 2007, when the priority dates became current for most EB applicants. They had to instruct the contractors to take a shortcut, which is reflected in the notation of "unknown" on I-140 receipt notices. This ultimately should not make a difference, since the EB category will be entered later. If there are mistakes in this part of the process, they will have to be addressed to make sure that the case is properly processed under the correct category. That will determine when one's I-485 or "green card" will be approved.
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Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved

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3. Previously-Approved Labor Certifications Expire Jan 12, 2008
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Labor certification approvals now have an expiration date, as regular MurthyDotCom and MurthyBulletin readers are aware. This date is 180 days from the approval of the labor certification. This means that an I-140 Employer Petition must be filed prior to the expiration of the labor certification (LC) in order for it to remain valid. This is the result of a regulation issued by the U.S. Department of Labor (DOL) that became effective July 16, 2007, which was reported in our May 16, 2007 article, LC Substitution Elimination Reg Effective July 16, 2007. As stated in that article, a labor certification approved before the regulation went into effect will expire 180 days after July 16th (the implementation date of the regulation), unless an I-140 petition has been filed in the case.
©MurthyDotCom
We at the Murthy Law Firm are issuing this reminder, since January 12, 2008 is the 180th day after the regulation became effective. Pre-July 16, 2007 labor certifications, none of which bears an expiration date, will expire unless filed with the USCIS in support of an I-140 petition on or before January 12, 2008.
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LC Remains Valid if the I-140 Petition is Filed before the 180 Days
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The regulation requires that an I-140 related to a labor certification be filed before the expiration of the labor certification. There is no need for the I-140 petition to be approved before the expiration date. Filing alone preserves the case. Additionally, in the event that the I-140 petition is denied, it is possible to appeal and/or re-file the I-140 petition, even after the labor certification expiration date. All that is needed is an initial I-140 petition filing prior to the expiration date.
©MurthyDotCom
On a related matter, since labor substitutions became void after July 16, 2007, a previously-approved labor certification for another individual could not be used after July 16, 2007 to substitute a different person. If, however, an individual was substituted into a pending labor certification and that now-approved labor certification bears the name of the substituted party, the approved labor certification can be used until January 12, 2008 at the latest.
©MurthyDotCom
H1B Extensions

The expiration of pre-July 16, 2007 labor certifications on January 12, 2008 will impact H1B extension eligibility for some. Once a labor certification has expired, it is unlikely that an H1B extension beyond the six-year limitation will be granted, based on that labor certification. Thus, persons relying upon older labor certification approvals that have not and will not move forward to the I-140 stage should make alternative plans regarding their H1B extensions.
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Conclusion
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Since many are anxious to move forward with their "green card" cases, there should be few who miss this deadline. There are always cases, however, that become delayed due to either inaction on someone's part or difficulty in obtaining the required evidence. For both the employers that may have older-approved labor certifications and for the beneficiaries of these cases, it is necessary to be mindful of the expiration dates and to move forward while it is still possible.
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Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved

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4. Did You Know about USCIS Community Relations Program?
©MurthyDotCom
The U.S. Citizenship and Immigration Services (USCIS) has a Community Relations program designed to assist various public and professional groups by educating them on the services that the agency provides, as well as its policies, products, and programs. As part of this initiative, the USCIS interacts with those who serve immigrants, such as through instruction programs in English as a second language and civics, as well as advocacy groups and other stakeholders.
©MurthyDotCom
In order to implement the Community Relations program, the USCIS has 25 Community Relations Officers who develop partnerships with various organizations throughout the United States. One of the most important goals for these officers is to provide assistance and encourage feedback on the USCIS's policies and services. The Community Relations program, however, should not be used to resolve problems with individual cases. An individual who has a problem with a specific case should contact the National Customer Service Center at 1.800.375.5283, make an appointment at the local USCIS office using InfoPass, and, if needed, seek appropriate legal assistance from a qualified immigration attorney.
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Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved

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5. Report from U.S. Consulates in India and VFS Global Services
from Murthy Immigration Services Pvt. Ltd., Chennai, India
©MurthyDotCom
As a member of the Indo-American Chamber of Commerce (IACC), we at Murthy Immigration Services Pvt. Ltd. (MISLP), were able to visit the U.S. Consulate in Chennai and later attend a visa guidance program on October 31, 2007. Some useful information from this visit follows.
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VFS to Launch Star and Stripes Lounge in Chennai & Mumbai - Nov 5, 2007
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As a member of the IACC, we at MISLP learned during our visit to the Consulate in Chennai that Visa Facilitation Services, known widely as VFS Global Services, is opening a lounge service as of November 5, 2007. The Stars and Stripes Lounge will provide a convenient waiting area for visa applicants and persons accompanying them in both Chennai and Mumbai. This facility will include a comfortable waiting area, a snack counter, restrooms, a changing facility, a baggage storage area, and free coach transfer between the lounge and the consulate for those attending their U.S. visa interviews.
©MurthyDotCom
Some MurthyDotCom and MurthyBulletin readers may be aware of the security regulations that do not permit applicants or any persons accompanying them to wait in or around the consulate gates. Visa applicants are also prohibited from carrying any items other than their passports and visa-related documents. This facility will be a welcomed option, especially for visa applicants who travel to the consulates from outside Chennai and Mumbai. Individuals will be able to safely store their belongings at the lounge and their accompanying relatives and/or friends may wait there comfortably while applicants are shuttled to the consulate for their interviews.
©MurthyDotCom
VFS has indicated that this is an OPTIONAL service, but applicants are encouraged to use this service to avoid inconvenience both to themselves and the consulates. The fee charged for this service is Rs 200 per person, ages 5 years and over.
©MurthyDotCom
The lounge at the U.S. Consulate in Chennai is located at :

U.S. Visa Application Centre
No.14, New No.4, Sadasivam Street
Gopalapuram
Chennai - 600 086
Opposite National Public School

The lounge at the U.S. Consulate in Mumbai is located at :

Tirupati Apartments
Adjoining the U.S. Visa Application Centre
Bhulabhai Desai Road
Opposite Mahalakshmi Temple
Mumbai 400026

More information can be found by visiting the VFS WebSite at (https://www.vfs-usa.co.in/Home.aspx) or by for calling their helpline at 044.4231.6767 for Chennai, or 022.6654.7600 for Mumbai.
©MurthyDotCom
New Fingerprint Scanning to be Introduced Soon
©MurthyDotCom
U.S. consulates plan to shift to a ten-fingerprint scanning system by December 2007, as opposed to the existing two-fingerprint scanning system. The introduction of this new system is expected to briefly slow the visa processing time. Beginning December, the U.S. Consulate, Chennai is going to reduce visa appointments until the new fingerprinting procedure is in place and running smoothly.
©MurthyDotCom
Clarification on Erroneous “Reaffirmation” Status Displayed on USCIS WebSite
©MurthyDotCom
Consular officials clarified that the status of some H1B petitions originally returned to the USCIS for review were erroneously updated as “Reaffirmed” on the USCIS WebSite. When this happened, automatic eMail messages sent to petitioners described the status of such petitions as reaffirmed. If an H1B is reaffirmed, according to consular officials, one should wait until s/he receives another I-797 from the USCIS before proceeding further.
©MurthyDotCom
Change in Eligibility Criteria for Business Executive Program (BEP)
©MurthyDotCom
The U.S. consulates in India offer BEP registration to some companies who meet certain requirements that used to include a minimum of 100 visa applications a year. Membership at BEP entitles a company to certain benefits, like early appointments and speedy processing. According to consular officials in Chennai, the requirement of 100 visa applications has been reduced to 25 visa applications yearly. This is a welcomed measure that will benefit many companies previously ineligible for this program, due to the minimum requirement.
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Conclusion
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We at Murthy Immigration Services would like to express our thanks to the senior officials at the U.S. Consulate in Chennai, the VFS, and the Indo-American Chamber of Commerce. With their help, we are able to bring these updates to readers of MurthyDotCom and the MurthyBulletin, and to U.S. visa applicants in general.
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Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved

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6. MurthyDotCom : Did You Know the Value of Our Articles?
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At MurthyDotCom we provide visitors with articles that help them in immediately practical ways. We have received numerous testimonials from readers over the years who have told us how information from MurthyDotCom or the MurthyBulletin helped them in their immigration cases. We would like to thank our loyal readers for your support and for your input, including questions, suggestions, and comments that you kindly share with us. This is a precious and valuable recognition of our efforts to keep you abreast of ever-changing immigration laws and regulations, as well as providing practical insight on many immigration matters. Read more about the Value of Articles from MURTHY on our WebSite.
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7. 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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