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Updates from MURTHY.COM - the web's largest source for U.S. immigration information!

• Avoid Negative Effects on Your Processing Time
  It is not at all unusual for Requests for Evidence (RFEs) to be sent by the U.S. Citizenship and Immigration Services (USCIS) regarding pending applications or petitions, as many MurthyDotCom and MurthyBulletin readers know from personal experience. Likewise, requests for the USCIS to reschedule fingerprinting appointments or interviews are not unusual, whether to accommodate travel conflicts or for other reasons. What many such individuals do not realize, however, is just how these circumstances may affect the processing times of their filings. In fact, under current regulations, while the priority date is unaffected by the issuance of an RFE or a request to reschedule a fingerprinting appointment and/or an interview, the processing time may be stopped, or even restarted, depending upon the particular circumstances of each case.
• USCIS Updates the Guide for New Immigrants
  The U.S. Citizenship and Immigration Services (USCIS) issued a news release (32.1KB PDF) on December 11, 2007, announcing the release of an updated version of Welcome to the United States: A Guide for New Immigrants. The new edition of the guide includes information essential for maintaining lawful permanent resident status in the United States and information on federal and community services concerning healthcare, the U.S. governmental system, naturalization requirements, settling into a new place of residence, schooling, English language, and adult education classes, preparing for emergencies, and information about various organizations that provide services to immigrants.
• Green Cards Without Expiration Dates Remain Valid
  The U.S. Citizenship and Immigration Services (USCIS) issued a statement on December 11, 2007, dispelling the rumor that an older "green card," issued without an expiration date, is now invalid. In fact, the I-551 (informally referred to as the "green card") is still valid unless and until a final rule on this matter goes into effect.
• January Visa Bulletin : Bad News for EB2 India
  As MurthyDotCom and MurthyBulletin readers were advised in our December 11, 2007 NewsFlash, January 2008 Visa Bulletin: EB2 India Retrogression, the U.S. Department of State (DOS) Visa Bulletin was released for January 2008, and the news for EB2, India, is quite bad. The December Visa Bulletin brought significant retrogression in the EB2 category for both India and China. The January Visa Bulletin continues this trend for India, while EB2 China remains unchanged. There is slight forward movement in some EB3 chargeability areas. Categories that were previously current remain current. The latest Visa Bulletin chart is always available on MurthyDotCom.
• Announcement : Murthy Teleconference Series
  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
• DHS Develops Enhanced Drivers' Licenses to Comply with WHTI
  The U.S. Department of Homeland Security (DHS) issued a fact sheet on December 5, 2007, announcing the development of alternative documents to meet the Western Hemisphere Travel Initiative (WHTI) requirements for entry at any land or seaport. For this purpose, the DHS is encouraging states to submit proposals to modify their driver's license requirements to satisfy the WHTI requirements. As regular MurthyDotCom and MurthyBulletin readers will recall from our March 23, 2007 article, DOS Takes Longer to Issue U.S. Passports, WHTI requires all U.S. citizens to have passports when they travel by air to Mexico, Canada, Bermuda, and the Caribbean region. If new drivers' licenses meet the requirements of WHTI, according to the DHS, travelers would be provided with a low-cost alternative for border crossing purposes. Several states are already committed to issuing enhanced drivers' licenses (EDLs) in the near future.
• DHS Files an Appeal in No-Match Rule Case
  The U.S. Department of Justice filed an appeal December 4, 2007, on behalf of the Department of Homeland Security (DHS) on a U.S. federal court decision that enjoins the DHS from implementing what is referred to as the Social Security "no-match" rule. As was covered in a series of MurthyBulletin articles, including the October 19, 2007 article, Federal Court Issues Preliminary Injunction on No-Match Program, the injunction prevented implementation of the no-match regulation issued by the U.S. Immigration and Customs Enforcement (ICE) on August 15, 2007. The rule, which was intended as part of enhanced worksite enforcement efforts, was widely criticized by various groups, including labor unions, as having the potential to adversely affect employers and their legal employees. [Earlier reports on this topic are available for review on MurthyDotCom.]
• Stand-Alone I-130s Filed at Chicago Lockbox
  The U.S. Citizenship and Immigration Services (USCIS) has revised its procedures for filing certain I-130 relative petitions. Effective December 3, 2007, the USCIS is encouraging I-130 petitioners to file their petitions with the Chicago Lockbox. This change applies to stand-alone I-130s only. A stand-alone I-130 is one that is filed WITHOUT an I-485, Application for Adjustment of Status. After filing, the petition will be forwarded from the Chicago Lockbox to the appropriate USCIS service center for adjudication.
• Interim EAD Problems at USCIS District Offices
  Many Adjustment-of-Status (I-485) applicants who filed during the 2007 summer rush also applied for Employment Authorization Documents (EADs). These filings generally were made concurrently with the I-485 or shortly thereafter. Some have received their EADs, while others have waited more than 90 days since the receipt date of their EAD applications. Some of the problems faced by those with delayed EADs are discussed here for MurthyDotCom and MurthyBulletin readers because our firm is receiving reports that some local USCIS offices are refusing to follow established procedures for requesting EAD issuance after the 90-day point.
• Immigrant Religious Worker Petitions Require Site Visits
  The U.S. Citizenship and Immigration Services (USCIS) provided answers in November 2007 to questions raised at a national meeting. Some of the information related to immigrant petitions for special religious workers. This category has particular antifraud procedures. The USCIS discussed these, as well as procedures for obtaining advance parole documents. This information pertains to the permanent residence category for special religious workers rather than the separate, temporary religious worker "R" category.
• POEs to Begin Scanning 10 Fingers
  The Department of Homeland Security (DHS) has announced plans to replace current two-fingerprint scanners with ten-fingerprint scanners at all U.S. ports of entry within the next year. The new fingerprinting requirement is one of the top priorities for the DHS, as it furthers efforts to keep potentially dangerous individuals out of the United States, while making legitimate travel more efficient. On November 29, 2007, the DHS started the initial transition at Washington Dulles International Airport. By early 2008, nine U.S. airports will collect additional fingerprints from international visitors. All U.S. citizens and permanent residents, as well as certain parolees, are exempt from this fingerprint collection requirement, which focuses on foreign nationals entering the U.S. in nonimmigrant status
• DHS Indicates It Will Expedite FBI Name Checks
  Department of Homeland Security (DHS) Secretary Michael Chertoff indicated in a November 2007 meeting with the American Immigration Lawyers Association (AILA) and other organizations that the U.S. Citizenship and Immigration Services (USCIS) and the Federal Bureau of Investigation (FBI) will make significant changes to the existing name-check process. The goal of these changes is to clear the backlog of immigration cases that are pending due to name-check delays. In addition to clearing the backlog, the changed procedures should permit further expedited processing of such cases, to prevent future name-check delay backlogs. Secretary Chertoff, however, warned that some checks would still be delayed by investigations, but this number should be s