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

• Sheela Murthy Helps with United Way Expansion in India
  Attorney Sheela Murthy traveled to India in November 2008 with a group of charitable and civic-minded leaders for the purpose of launching the United Way expansion in three additional cities: Bengaluru (Bangalore), Hubli-Dharwad, and Delhi. The successful launch events, publicized by the local media, including newspapers, journals, and television stations, were attended and supported by community leaders and representatives of U.S. and Indian companies located in these cities and punctuated by heartening visits to the nongovernmental organizations (NGOs) that are making headway in these locations. The United Way plans to expand to other cities in India, including Hyderabad and Chennai, in its next phase of expansion.
• Murthy Law Firm Successfully Defends Employer in DOL and ICE Investigation
  The Murthy Law Firm is pleased to report our recent success in resolving a complex set of U.S. Department of Labor (DOL) and U.S. Immigration and Customs Enforcement (ICE) investigations of an IT consulting company located in the United States. As regular MurthyDotCom and MurthyBulletin readers are aware, employers are under increased scrutiny with regard to immigration compliance. Enforcement efforts are often focused upon certain industries. One area specifically receiving enforcement attention that is particularly relevant to our readers is the IT consulting industry. The DOL delves into a company's compliance with the salary and LCA wage requirements related to H1B employees. This examination is often followed or accompanied by an investigation by ICE. With proper planning and documentation, the employer can be prepared to successfully defend an investigation and/or audit. With a strong legal team, like the Murthy Law Firm, the employer can confidently address issues and concerns that arise during an investigation or audit.
• H1B Cap Cases for FY2010 : Time to Start the Process
  It is time to start thinking about H1B "cap" filings for Fiscal Year 2010 (FY2010). The U.S. Citizenship and Immigration Services (USCIS) FY starts on October 1st each year. Thus, the USCIS FY2010 starts on October 1, 2009 and runs through September 30, 2010. Following are procedures to help you for the upcoming cap season. Our suggestions are based on existing law, as well as USCIS guidance and our experience at the Murthy Law Firm from prior years. It is possible that the USCIS will issue updated guidance with slight procedural variations for FY2010. However, the timelines permit a cap-subject H1B filing no earlier than April 1, 2009, with a requested start date for the H1B petition no earlier than October 1, 2009. Some common questions surrounding the annual H1B cap are discussed here for the benefit of MurthyDotCom and MurthyBulletin readers.
• Holiday Shopping : Know the Law
  Since 1994, we at the Murthy Law Firm (originally known as The Law Office of Sheela Murthy) have been providing useful information to our readers on matters of U.S. immigration law, as well as regulations and procedures. While some aspects of immigration have changed in significant ways in the years since we began publishing our articles, there is still much that remains the same. From time to time, we will select articles that are still relevant, to which we often refer our clients today.
• DOS Final Rule on Certifications for Certain Healthcare Professionals
  The U.S. Department of State (DOS) has issued a final rule on a previously-issued interim rule that requires both immigrant and nonimmigrant health care workers to obtain certification of their educational and licensure credentials prior to being admitted to the U.S. to work in certain health care occupations. The interim rule was published on December 17, 2002. The final rule is identical to the interim rule.
• Nebraska Service Center Update - 2008
  The notes from an April 30, 2008 AILA Liaison Committee meeting with the Nebraska Service Center (NSC) were released in October 2008. Although several months have past since the meeting, the information largely remains current and relevant to MurthyDotCom and MurthyBulletin readers. Following are summaries of the most pertinent issues.
• December 2008 Visa Bulletin : Stagnant
  The U.S. Department of State (DOS) Visa Bulletin has published the December 2008 Visa Bulletin. The Visa Bulletin for December is identical to the November Visa Bulletin in the EB Categories, with the exception of the Certain Religious Workers categories. This Visa Bulletin is the third to be issued in Fiscal Year (FY) 2009, marking the end of the first quarter of FY2009. The EB categories that were previously "current" remain current. Those with cutoff dates continue to have the same cutoff dates, with no forward movement and no further retrogression. [The most recent Visa Bulletin chart is always available on MurthyDotCom.]
• Common Employment Violations
  Long-time MurthyDotCom and MurthyBulletin readers may recall earlier articles regarding increasing levels of government scrutiny and investigation into the hiring and employment practices of U.S. employers. These articles have focused on immigration matters such as the hiring of undocumented workers and increased enforcement for violations pertaining to H1B workers. In keeping with the likelihood that employers of foreign workers are subject to reviews of their employment practices, some of the common pitfalls that come to the attention of the Murthy Law Firm are relayed here for the benefit of our readers, with respect to general employment practices. Since our legal practice is limited to immigration and nationality law and areas relating to immigration law, like employer sanctions and U.S. Department of Labor (DOL) and U.S. Immigration and Customs Enforcement (ICE) investigation matters, we are alerting our readers to these matters. In other areas not related to immigration law or DOL/ICE investigation defense work, employers and employees should seek proper legal advice from knowledgeable employment and/or tax attorneys.
• Children of Immigrants Succeed in America
  The U.S. Census Bureau's data reflect a growing trend of diversity among America's youth. A recent press release from the U.S. Census Bureau News estimated that, by 2023, more than half of U.S. children will be members of minority groups. This trend is expected to continue, with studies showing that these children shape American culture as they assimilate into existing U.S. culture, and thrive in the process.
• DHS on the State of Immigration and No-Match Letters
  U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff gave a State of Immigration address, on October 23, 2008, primarily focused on issues of border protection and enforcement. He discussed what he deemed to be positive results from the strategies that have been utilized to deal with illegal migration. He discussed the release of a Final Rule pertaining to Social Security "no-match" letters. This controversial practice involves employer obligations and liability regarding letters sent from the Social Security Administration (SSA) indicating that the data from the employer does not match SSA records on a particular employee.
• USCIS Conducts National Stakeholder Meeting - Sep 2008
  The U.S. Citizenship and Immigration Services (USCIS) held a September 30, 2008 stakeholder meeting on important adjudication and procedural matters. Topics of interest to MurthyDotCom and MurthyBulletin readers included an update on the restructuring of USCIS business processes, procedures for adjudication of I-485 applications with name checks pending beyond 180 days, delays of adjudication of concurrently-filed I-140 petitions, premium processing of I-140 petitions, and other important items
• H1B Workers and Layoffs
  In response to news of stock market fluctuations, employee layoffs, government bailouts, and other indicators of economic problems, we at the Murthy Law Firm are providing articles and information on the immigration issues that arise in this context. MurthyDotCom and MurthyBulletin readers will find our NEW page that serves as an information hub for immigration concerns in the current economy, with suggestions for workers and their employers during Layoffs, Acquisitions & Mergers. The following is an update of our December 28, 2001 article, Terminated H1B Workers: FAQs, specifically for H1B workers facing potential layoffs. Readers in H1B status, who are facing difficulties due to the economic downturn, may benefit from this current information. These FAQs provide general information, only. Readers are urged to obtain advice on specific situations, as there are complexities that depend upon the facts and details of each case.