MurthyBulletin
VOL. XIII, no. 52; December 2007, week 4
Posted : December 28, 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. New Year's Message for 2008 from Attorney Sheela Murthy
Posted on the MurthyBlog December 26, 2007
2. PIMS Verification Update
3. DOS Increases Visa Application Fees as of Jan 1, 2008
4. Ombudsman on USCIS National Customer Service Center and InfoPass
5. VSC Clarifies Position on Nunc Pro Tunc Requests
6. Reminder : Murthy Teleconference Series - Jan 09, 2008
Topic : H1B Cap Season - Fiscal Year 2009
7. MurthyDotCom : Did You Know about Our Page for Employers and Employees?
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. New Year's Message for 2008 from Attorney Sheela Murthy
Posted on the MurthyBlog December 26, 2007
©MurthyDotCom
It is difficult to believe that we have all grown a year older - though, hopefully, wiser too - as 2007 comes to a close. Another year filled with memories, difficult times, good times, and life just moving on. In retrospect, the biggest news in the world of immigration law during 2007 was that the employment-based dates (other than the Other Worker category) becoming “current” in July / August 2007, resulting in an unprecedented number of I-485, or adjustment-of-status, filings in the U.S. during that short timeframe. But the downside is that there are not enough visa numbers to allow for approval of the many pending cases, or to allow for people who were not able to file their I-485s to move forward. Because of retrogression and the insufficient, outdated, allocations of visa numbers, many face waiting times measured in years.
©MurthyDotCom
On the political front in the U.S., which will directly impact the future of immigration, there is much heated debate as to who should be the next president of our country. Both the Democrats and Republicans will select their candidates in 2008 and the nation also will elect our next president in November 2008. Whether it is Clinton, Edwards, Giuliani, McCain, Obama, Romney, or someone else, immigration is sure to continue to be a hotly debated, divisive issue in this nation. But as long as we focus on our core strengths as a country, the value of immigrants (historically, economically, and culturally), I have no doubt of our ability to work with dogged determination to overcome any hurdles that loom before us, so that we will triumph valiantly!
©MurthyDotCom
One of life's ironies is that each of us believes that the problems of others are far less painful or significant than our own and that they all seem to be coasting along or overcoming their difficulties with greater ease. Upon further examination, we might realize that every one of us carries her or his own share of life’s burdens and many of these can be mitigated by counting our blessings each day for what is given to us, whether it is little or much, and to approach difficult times with an attitude of gratitude for all that such times teach us about becoming stronger and better. Thank you for continuing to patronize our firm. We at the Murthy Law Firm value your trust and the opportunity you have placed in our hands. It is time to harness our strength and think positive thoughts for 2008 and beyond. So, here is wishing you and your loved ones the very best in the New Year, to you our valued clients, our friends, and our well wishers.
©MurthyDotCom
Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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2. PIMS Verification Update
©MurthyDotCom
A recent U.S. Department of State (DOS) directive to U.S. consular posts now requires consulting an electronic record for visa issuance in nonimmigrant categories H, L, O, P, and Q. This was first reported to MurthyDotCom and MurthyBulletin readers in our December 7, 2007 article, PIMS Verification Required for Certain Nonimmigrant Visas. The verification of visa petition approvals is now carried out through the Petition Information Management Service, known as PIMS, even if a beneficiary takes an original I-797 approval notice to the interview. The American Immigration Lawyers Association (AILA) asked the DOS to clarify the purpose and the functioning of this directive. In response, the DOS provided this important information to AILA members.
©MurthyDotCom
USCIS Must Send KCC Petition Approvals before Visa Issuance
©MurthyDotCom
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants.
©MurthyDotCom
Benefits Provided by New Verification System
©MurthyDotCom
The DOS has indicated that most of the cases approved for visa processing are being entered into PIMS in a matter of hours. As a result of the new directive requiring multiple checks for fraud and other adverse information, the DOS is able to find forged and altered I-797 approval notices for companies that no longer exist or that never existed. In addition, if a visa applicant has neither an original nor copy of an approval notice and the information has been entered into PIMS, no such notice is required for visa issuance. While some posts still require original approval notices, the DOS is developing clear guidelines to eliminate this requirement.
©MurthyDotCom
Negative Effects of New System
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Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS. To remedy this problem, AILA has requested that the DOS provide a mechanism for notifying KCC directly to make sure that all the information on an approved petition is entered into the system before a beneficiary applies for a visa.
©MurthyDotCom
Conclusion
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The DOS has indicated that it is willing to develop a mechanism to address any negative effects of the new requirement to verify petition approval information before issuing a visa in certain types of nonimmigrant petitions. MurthyDotCom and MurthyBulletin readers will be updated on this important matter when there are new developments.
©MurthyDotCom
Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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3. DOS Increases Visa Application Fees as of Jan 1, 2008
©MurthyDotCom
The U.S. Department of State (DOS) has published an Interim Final Rule to increase the fee for nonimmigrant visa applications from $100 to $131 and immigrant visa applications from $335 to $355. The increases will be effective as of January 1, 2008. The public is invited to send written comments on this interim rule to the DOS through February 29, 2008.
©MurthyDotCom
Increase Result of Costlier Visa Issuance Procedures
©MurthyDotCom
The DOS is required by law to recover the cost of processing nonimmigrant visas through the collection of the Machine-Readable Visa (MRV) application fee. Because of new security-related expenses, new information technology systems, and inflation the current fee is lower than the cost involved. The DOS has been absorbing the additional expenditure. In addition, the U.S. Federal Bureau of Investigations (FBI) will begin charging the DOS for checking fingerprints against the FBI's Integrated Automated Fingerprint Identification System (IAFIS) and for running visa applicant names through Security Advisory Opinion (SAO) processes. The DOS is now collecting ten fingerprints from each applicant, and the amount charged by the FBI to review those fingerprints no longer allows the DOS to continue at the current rate. The visa application fee has increased twice since September 11, 2001; most recently in 2002.
©MurthyDotCom
Conclusion
©MurthyDotCom
While the total increase in the visa issuance fee may appear to be relatively small, it is substantial in terms of percentage. Hopefully, those applying for their visas will not be impacted on as large a scale as during the summer of 2007, when the U.S. Citizenship and Immigration Services (USCIS) raised filing fees by 100 percent and more for most of the petitions and applications filed with that agency.
©MurthyDotCom
Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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4. Ombudsman on USCIS National Customer Service Center and InfoPass
©MurthyDotCom
Mr. Prakash I. Khatri, CIS Ombudsman, held a teleconference on December 14, 2007 on the topic of USCIS National Customer Service Center (1.800 Line) and InfoPass: How Are They Working For You? This was the latest in a series of teleconferences held by the CIS Ombudsman's office, in which attorneys from the Murthy Law Firm participated. Most recently, we reported on a teleconference in our November 9, 2007 MurthyBulletin article CIS Ombudsman Second Teleconference on Receipting Delays, available on MurthyDotCom. In the December 14, 2007 teleconference, the CIS Ombudsman took questions from participants and provided comments related to various common problems associated with calling the National Customer Service Center and/or scheduling and attending local USCIS office InfoPass appointments.
©MurthyDotCom
Before Calling the National Customer Service Center
©MurthyDotCom
The CIS Ombudsman began the December 14, 2007 teleconference by providing the most recent information on calling the National Customer Service Center's toll-free telephone number. The USCIS informed the Ombudsman's office that it continues to update the system to make it more informative and user-friendly. For example, the automated response is being updated to provide more information specific to an individual's case. In addition, there are some general guidelines that, if followed, will reduce the waiting times and result in better service to USCIS customers. In particular, customers should carefully read the FAQs available on the USCIS WebSite, check the statuses of their cases online, and check all pertinent processing dates and times, especially in light of the backlog of cases created by the past summer's increase in filings. If questions remain, they should collect as much information on their cases or specific matters as possible before calling the USCIS. Such information should include an A number, if one has been assigned, a receipt number, and other pertinent documentation or correspondence from the USCIS that is relevant to the case.
©MurthyDotCom
Problems with the Toll-Free Telephone Number
©MurthyDotCom
During the teleconference, participants shared their experiences using the 1.800 line. These ranged from having to wait long periods of time to not getting any useful information on their cases, to getting discrepant or confusing information. One caller expressed his frustration that a USCIS representative answering the I.800 number does not usually have any case-specific information available, other than what has already been posted online. Reported, calls sometimes are transferred between representatives who provide conflicting information on a particular case. For naturalization applicants, USCIS representatives answering phone inquiries do not have any information, whether related or unrelated to background checks. Callers also expressed concern that they are not able to communicate directly or be transferred to offices where their cases are pending.
©MurthyDotCom
Possible Solutions Suggested by CIS Ombudsman
©MurthyDotCom
In response to these and other problems outlined above, the CIS Ombudsman suggested following the USCIS recommendations for using the 1.800 line and possibly filling out an electronic form before speaking with a National Customer Service Center representative. In addition, once the USCIS completes its updates to the system, customers should be able to obtain case-specific information more easily and efficiently.
©MurthyDotCom
National Customer Service Operators Not Qualified to Provide Advice
©MurthyDotCom
We at the Murthy Law Firm have received reports of individuals who obtained incorrect or incomplete information through the National Customer Service Center line. Our readers are reminded that individuals answering the 1.800 line are not attorneys and are not an appropriate source for legal advice. Thus, the USCIS toll-free telephone line is best used for routine case inquiries and similar information.
©MurthyDotCom
Current Problems on the InfoPass Appointment System
©MurthyDotCom
The Ombudsman also accepted questions and comments about the InfoPass system currently in place. The concern most commonly voiced by callers appeared to be the inability to schedule InfoPass appointments for weeks at a time. As the Ombudsman explained, this is largely due to the fact that some individuals are abusing the appointment system by scheduling multiple appointments and attending only one appointment. Some individuals engage in schemes of buying and selling appointments. Such activity is being taken very seriously by the USCIS. Readers are reminded to follow proper procedures and not to engage in illegal transactions. This problem seems to be most severe in New York, where customers are not able to schedule appointments sometimes for months at a time. Those found guilty of such actions will be prosecuted by the USCIS, which is on the lookout for individuals abusing the InfoPass appointment system in this manner.
©MurthyDotCom
Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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5. VSC Clarifies Position on Nunc Pro Tunc Requests
©MurthyDotCom
In a recent liaison meeting with representatives of the American Immigration Lawyers Association (AILA), the U.S. Citizenship and Immigration Services (USCIS) Vermont Service Center (VSC) clarified its position with regard to requests to excuse a late filing. This type of request is known as nunc pro tunc (legal term in Latin, meaning "now for then"). The question regarding nunc pro tunc cases was submitted by attorneys at the Murthy Law Firm. It was the result of our experience with the VSC's approving requests to reinstate an individual's status without backdating the reinstatement. Backdating the approval is necessary to accomplish the goal of reinstating a proper, uninterrupted status history.
©MurthyDotCom
This matter was reported to MurthyDotCom and MurthyBulletin readers in our November 9, 2007 article, Nunc Pro Tunc H1B and H-4 Approvals Have Gaps in Status. That article described a common pattern of adjudicators reinstating the requested statuses, issuing I-94s from the approval date valid through the requested extension period. They were not always backdating the approvals to the dates when the statuses initially lapsed, however, thus creating status gaps. These status gaps may present serious problems when these individuals apply for future immigration benefits or when they need to travel.
©MurthyDotCom
VSC May Backdate Extensions of Status - Not COS Requests
©MurthyDotCom
In response to the question submitted by the Murthy Law Firm for clarification on the nunc pro tunc adjudication process, the VSC explained that it normally would grant an effective date of a change of status (COS) as of the date of adjudication (or a future date requested by the applicant or petitioner). When the VSC adjudicates such requests, it does not change an applicant's status retroactively. In contrast, if a nunc pro tunc request is favorably considered for an applicant seeking an extension of status, the VSC will typically backdate the validity date to close the gap in status. This is helpful in many cases, since it is common for applicants to fail to extend a dependant status, such as an H-4, when the petitioner files to extend the status of the primary spouse.
©MurthyDotCom
Conclusion
©MurthyDotCom
One who files a nunc pro tunc request to excuse her/his failure to file an application or petition for change of status, may consider the current VSC policy not necessarily to be good news. While such individuals are able to continue in status, they may not be able to change or adjust their statuses or obtain visas at a later date. Conversely, those whose late filings for extension of status are excused, may find they have better chances of having their approval notices backdated to the dates when their statuses lapsed. But even such a case offers no guarantee that the VSC will backdate the validity dates to close gaps in status. Either type of nunc pro tunc request is entirely discretionary and is in no way a routine filing. It is always better, therefore, to try to file any applications or petitions before the current status noted on the I-94 expires to avoid having to file a nunc pro tunc request. If there are any questions as to whether a filing is needed, it is best to speak with an experienced, qualified immigration attorney.
©MurthyDotCom
Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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6. Reminder : Murthy Teleconference Series - Jan 09, 2008
Topic : H1B Cap Season - Fiscal Year 2009
©MurthyDotCom
The next teleconference in this monthly series offered by the Murthy Law Firm to guide employers and HR managers and benefit their employees is scheduled for January 09, 2008. This teleconference will address important matters regarding the filings of H1Bs for the fiscal year (FY) 2009 cap season, including: meeting the requirements for filing, how the H1B cap works, the importance of planning ahead, avoiding RFEs, and more. We at the Murthy Law Firm will address these topics in the upcoming teleconference, which will not be held on the 1st Wednesday, but instead on January 9th, to allow everyone time to return to work and catch up after the holidays.
©MurthyDotCom
Please feel free to share this announcement with your employer. We plan to begin a series teleconference for the broader immigrant community in the near future.
©MurthyDotCom
Employers can find more information at : http://www.murthy.com/teleconference.html.
©MurthyDotCom
Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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7. MurthyDotCom : Did You Know about Our Page for Employers and Employees?
©MurthyDotCom
At MurthyDotCom we know that many immigrants come to the United States chasing employment opportunities. On the other side of this equation are the U.S. employers who are looking for the best, brightest, most willing job applicants to fill positions in their companies. In the middle is the U.S. government. Among the government agencies affecting this match are the U.S. Department of State that determines whether to grant a visa to a worker bound for the U.S.; the Department of Homeland Security, whose dual role is to grant benefits as well as secure borders; and the Department of Labor that seeks to protect the U.S. workforce, while facilitating employer access to the non-U.S. workers they require. Find relevant news effecting employers and immigrant workers on our Employment Page on MurthyDotCom.
©MurthyDotCom
MurthyChat : There will be NO CHAT on December 31st, in observance of the holiday. The next session MurthyChat will be Monday, Jan 07, 2008, 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
©MurthyDotCom
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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