h1visajobs.com thanks Sheela Murthy, Attorney at Law for this news article.
(h1visajobs.com Reference#24Apr2000MURTHY)

Subj: Attorney Murthy's Immigration Bulletin
Date: 04/24/2000 10:30:51 PM Eastern Daylight Time
From: webmaster@murthy.com (Attorney Sheela Murthy)
Reply-to: webmaster@murthy.com
To: murthybulletin@topica.com

MURTHYBULLETIN
Attorney Murthy's Immigration Bulletin
LAW OFFICE OF SHEELA MURTHY, PC
Phone : 410-356-5440
Email : law@murthy.com
WebSite : http://www.murthy.com

VOL. VI, no. 16, April 2000, Week 3
Posted: April 22, 2000

-----------------

Attorney Murthy's Immigration Bulletin is a free e-newsletter covering all
aspects of U.S. immigration law. It contains the latest updates on work
visas, green cards and tracks changes in the law and procedure. Recommended
reading for all immigrants, including HR managers, foreign employees, U.S.
employers and students.

This Bulletin and past editions, as well as numerous other articles are
available at our website.

This Bulletin is not sent unsolicited. The information provided below 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 Law Office of Sheela Murthy. This Bulletin
does not intend to establish an attorney-client relationship. Please be
advised that if you have a case specific question / situation on an
immigration matter, you should consult with an attorney who concentrates in
the area of immigration law.

-----------------

To Subscribe:
Send a blank e-mail to: murthybulletin-subscribe@topica.com

To Unsubscribe:
Send a blank e-mail to: murthybulletin-unsubscribe@topica.com

NOTE: Unsubscribe from the e-mail address you subscribed.

Keep in mind that the Immigration Bulletin may reach you from other sources
than this list (for example: India Network, forwarded from a friend etc.).
In such cases, you will have to unsubscribe accordingly. Contact
webmaster@murthy.com if you have any problems.

MURTHYBULLETIN is an **Announcement Only** list. This means that subscribers
cannot post to the list.

-----------------

TOPICS in this Edition of the MURTHYBULLETIN:

1. INS "Pause" in H-1B Cap Cases for FY2000

2. KPMG Report on FY1999 H-1B Count

3. INS Update on Employment-Based Petition Processing Issues

4. Possible Legislation on New Dates for "Registry"

5. Outstanding Linguistics Researcher Approved for EB-1

6. Service Center Processing Times

-----------------

1. INS "Pause" in H-1 Cap Cases for FY2000

On April 14, 2000, INS placed a temporary hold, for at least five business
days, which has now been continued for "a few additional days," on the
processing of H-1B "cap" cases. The purpose of this pause is to ensure that
cases are being counted properly and to enable "better inventory control at
the slower Service Centers." KPMG, which conducted a far-reaching audit of
the FY1999 H-1B count (see article # 2 below for details) will reportedly
also be reviewing the FY 2000 counting procedures as well, to make sure that
past mistakes have been corrected.

During this pause, it is expected that non-cap H-1B cases as well as other
types of cases, will receive more attention. So one benefit from the pause
may be some easing of the non-cap H-1B case backlog that has caused
significant delay and hardship to employers and prospective employees over
recent months.

As always, The Law Office of Sheela Murthy, P.C. will continue to provide
regular updates on H-1B processing as further information becomes available.

© Copyright Law Office of Sheela Murthy

-----------------

2. KPMG Report on FY 1999 H-1B Count

As previously published in the MURTHYBULLETIN, the Immigration and
Naturalization Service (INS) has contracted with KPMG Consulting, LLC to
review the H-1B count for Fiscal Year 1999.

INS has recently released the KPMG Count Analysis Report. In preparing the
Report, KPMG employed a counting procedure using INS' system data and a
sampling of actual Forms I-129 to provide a statistically valid estimate of
the number of approved H-B petitions. Specifically, KPMG conducted extensive
interviews with INS personnel to understand the INS' business practices and
counting methodology; compiled information on H-1B petitions from the four
Service Centers; consolidated information into a master database; identified
and removed duplicate records, revocations, and multiple petitions for the
same alien beneficiary; sorted approved H-1B petitions into cap and non-cap
categories; and sampled 2,300 H-1B petitions to determine instances of
misclassification or data entry problems.

After months of review, KPMG has attested with a 95% confidence level that
the number of H-1B petitions which were approved and applied to the Fiscal
Year 1999 cap, were between 136,888 and 138,385. Therefore, according to
this report, INS has approved between 21,888 and 23,385 H-1B1 Petitions in
excess of the cap.

The KPMG Report revealed the following information:

INS determines that a petition is subject to the cap when the following
blocks are marked on Part 2 of Form I-129:

"new employment" (box 2a) and "Notify the office in Part 4 so that the
person(s) can obtain a visa or be admitted" (box 4a); or

"new employment" and "Change the person(s) status and extend their stay
since they are all now in the U.S. in another status" (box 4c).

Multiple Petitions are subtracted from the total approved petitions to
determine the count for the cap. However, INS has limited capabilities to
identify individuals with multiple petitions; INS currently identifies
multiple petitions by matching the following biographical information: last
name, first name, date of birth, and country of birth. As a result of
factors such as subtle variations in names, it is possible for INS to count
the same individual more than once against the H1B cap.

KPMG identified the following impediments in its efforts to confirm whether
multiple petitions are filed for the same beneficiary: lack of a common
identifier to differentiate unique individuals; lack of a service-wide
central database that provides immediate confirmation or warnings of
possible prior H1B petitions; the lack of most hard copy background
information from previous petitions, other than for recent petition files
that have not yet been sent to storage facilities; lack of a method to
confirm that an individual with prior H-1B status actually obtained the H1B
visa, entered the U.S., or worked for the petitioner; and limited methods
for the INS to validate errors or changes to a beneficiary's biological
information (e.g., misspelled names, change in name, or abbreviations). KPMG
states that these obstacles lead to a less than optimal result because H1B
petitions identified as multiples may actually be more than one individual
with the same biographic information, and the sorting may be too stringent
and not identify all valid multiples.

Revocations are also subtracted from the total approved H1B petitions to
determine the count for the cap. However, as previously stated in the
MURTHYBULLETIN, the INS applies revocations only to the current year's cap
until the H1B cap is reached regardless of whether the petition being
revoked was originally approved in a different fiscal year. Once the cap has
been reached for the fiscal year, INS ceases to apply any revocations to the
count. Thus, any further revocations are never accounted for. KPMG points
out that if revocations are actually applied to the fiscal year in which the
H1B petition was approved, INS would be able to conceivably approve H-1B cap
petitions after the cut-off-date. Furthermore, the count would be more
accurate.

This KPMG Report clearly indicates that INS continues to have some flaws in
its counting methodology for H-1B cap cases. The Law Office of Sheela
Murthy, P.C. hopes that as a result of the KPMG Report, INS will implement
steps to improve their counting system and more importantly, reduce the
tremendous backlogs at INS.

© Copyright Law Office of Sheela Murthy

-----------------

3. INS Update on Employment-Based Petition Processing Issues

INS Headquarters officials regularly meet with representatives of the
American Immigration Lawyers Association (AILA). The following is a report
on some of the issues discussed in a meeting on March 29, 2000, that may be
of interest to our readers.

(a) INS Discovers Service Center Shopping for H-1B Petitions

As reported in this week's MURTHYBULLETIN, KPMG Consulting has released
their report on the H-1B count (see article # 2 above). One finding, which
greatly concerned INS officials, is Service Center "shopping," namely, when
H1-B petitions were concurrently filed for the same petitioner and the same
beneficiary at multiple Service Centers.

Even though Service Center shopping is not expressly prohibited, it is
assumed that companies and their representatives would file a single H1B
petition for each case, with the one Service Center that has jurisdiction
over the petition. INS has not clarified on how they will address this
problem but they are concerned about it.

(b) INS Efforts to Improve Processing Times for Form I-129

The INS is currently working on devising systems to improve processing times
at the four Service Centers. INS began a comprehensive review of processing
methods for Form I-129 (form used to request temporary working status such
as H-1B, L-1, H-3, O, and P, among others). This review aims to streamline
the process by eliminating redundancies, updating the processing methods and
removing procedural steps that add no value. Representatives from the four
Service Centers will meet in June 2000 to discuss various proposals.

(c) INS is not ready to allow concurrent filings of I-140 petitions and
I-485 applications

INS has confirmed that it intends to implement a system to allow concurrent
filings of I-140 petitions and I-485 applications. However, there are
certain hurdles, which must be overcome first. One is a legal issue that the
INS is confident it can resolve. (Details on the particular issue were
surprisingly not provided.) The other matter is how to deal with the likely
increase in the I-485 workload once the new procedure goes into effect.

INS indicated that at present, it is concentrating on major infrastructure
improvements, which include high-speed printers and scanners, upgrades to
the CLAIMS programs to allow reliable case tracking and status checks on the
internet. Currently, INS needs to devote its financial resources to these
pressing priorities, as part of its long-term effort to maximize efficiency
so that INS Service Centers will be able process a large caseload in a
timely manner, without increases in staffing. Ambitious initiatives proposed
for the next few years include electronic filing, and a system to store
biographic data in a way that allows for quick replacements of documents.

(d) INS goals in addressing possible increase of H-1B numbers for FY 2000

In recent issues of the MURTHYBULLETIN, we reported that Bills have been
introduced in the U.S. Congress which propose to increase the H-1B cap for
this fiscal year FY 2000). If the legislation passes, INS plans to commit
the resources necessary to use the additional H1B numbers. The INS also
noted that it would be advisable to point out if an earlier start date is
desirable in the event new numbers become available.

As reported in last week's MURTHYBULLETIN (for April 14, 2000), INS has
confirmed that the "magic words" to be placed on Form I-129 to insure a
start date prior to October 1, 2000, if additional numbers are allotted is
"10/1/2000 or earlier." The Service Centers have been instructed to accept
and process such cases.

The Law Office of Sheela Murthy, P.C. will continue to provide further
updates on this important issue as information becomes available.

© Copyright Law Office of Sheela Murthy

-----------------

4. Possible Legislation on New Dates for "Registry"

On March 31, 2000, Vice President Al Gore announced that the Administration
is requesting that the U.S. Congress introduce legislation that would allow
people who would otherwise qualify for "registry" but have taken up
residence in the United States only since 1986, be allowed to apply to
become lawful permanent residents.

By way of background, "registry," under section 249 of the Immigration and
Nationality Act (INA), is a process whereby the Attorney General, in her
discretion, can adjust to permanent residence a foreign national who
complied with all of the following criteria:

(a) entered the United States before January 1, 1972, (b) has resided in the
United States continuously since such entry, (c) meets the legal standards
for "good moral character," (d) is not deemed inadmissible based on
aggravated felony grounds, (e) is not within one of the narrow categories of
people who are considered ineligible for United States citizenship, and (f)
has no bar to permanent residency based upon failure to depart voluntarily,
appear at a hearing, or appear for deportation.

Registry has been included in the INA since 1929 and allows those who have
been residing for a long time in the United States and who have developed
substantial ties to this country, such as the establishment of families and
businesses, to obtain lawful permanent resident status (green cards) in the
U.S. Although the required entry date for registry has consistently moved
forward over the years, many foreign nationals who have been present for a
long time in the United States still remain without options and are
vulnerable to deportation/removal. Since under current law, an applicant
must establish presence dating from prior to 1972, only a very small
percentage of those present in the U.S. would be are eligible to apply for
registry.

Vice President Gore stated "I believe that revising the registry date from
1972 to 1986 would not only provide humanitarian relief to many long-term
migrants, but also reduce or eliminate the need to continue litigating some
of the large class actions still lingering from the 1986 legalization
program."

If our legislators approve this request from the Administration and
introduce a Bill and then pass it into law, they will breathe new life into
a longstanding but now almost obsolete concept in our immigration law.

© Copyright Law Office of Sheela Murthy

-----------------

5. Outstanding Linguistics Researcher Approved for EB-1

In December 1999, the Law Office of Sheela Murthy was notified by the Texas
Service Center of an approval in a case filed by our Office in April 1999,
for a First-Preference (EB-1) Outstanding Professor / Researcher candidate.
This approval came one month after answering an INS "Request for Evidence."

The Beneficiary holds a Ph.D. and teaches in the field of Communicative
Disorders & Sciences, where his groundbreaking research holds great promise
for improving clinical methods in the treatment of children with speech
disorders. Scholars and researchers from many European countries and around
the U.S. have attended his presentations. His innovations in the field, his
prolific research, and his international acclaim have set him apart from
others in the field in the U.S. and abroad.

The diverse nature of the population of the United States is of great
importance to the framework used in the research style of this creative
scientist. In contrast to the sizable body of literature on the narrative
abilities of Caucasian children, there is an insufficient amount of research
examining narrative abilities in children from other cultural and linguistic
backgrounds. The scholar's innovative research is making great strides to
bridge this knowledge gap in his field. His studies of the role of pauses in
narrative styles have critical implications for understanding language
differences among racially diverse populations. This research is
particularly timely, as verbal narratives are increasingly being
incorporated into school-based assessment processes.

Since the original Petition was filed, this candidate's continued
contributions to the field of Speech and Language Pathology were further
recognized with several national and international awards.

Moreover, his innovative research into the development of the moral
reasoning of high school students has inspired new methods to enhance
autonomous ethical development of students. He discovered significant
relationships between the complexity of belief structures and maturity
levels in moral reasoning in high school students. The more students
believed that knowledge is complex and learning is gradual, the more
maturity they demonstrated in resolving moral dilemmas.

In a society of escalating violence, it is now a national imperative to
facilitate learning and to establish a foundation for ethical analysis at a
critical stage of the child's development. This successful EB-1 candidate
has applied his unique combination of knowledge of communicative disorders,
psychology, and linguistics to enable children to flourish in different
environments.

Although the candidate would probably have been eligible to file in both the
National Interest Waiver (EB2) and the Outstanding Researcher (EB1)
categories, the advantage of the priority dates being current in the
EB1category for Indian nationals, was a significant factor for this
particular beneficiary. The Law Office of Sheela Murthy, P.C. will continue
to provide our readers with summaries of Special Category cases for those
whose work continues to bring tremendous benefit to the U.S.

© Copyright Law Office of Sheela Murthy

-----------------

6. Service Center Processing Times

You can always locate the most up-to-date processing times for the INS
Service Centers on our website :

California <http://www.murthy.com/law/cscp.html>
Nebraska <http://www.murthy.com/law/nscp.html>
Texas <http://www.murthy.com/law/tscp.html>
Vermont <http://www.murthy.com/law/vscp.html>

-----------------
This Bulletin is not sent unsolicited. The information provided above 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 Law Office of Sheela Murthy.
-----------------

Copyright 2000, LAW OFFICE OF SHEELA MURTHY, PC

Attorney Murthy's Immigration Bulletin
LAW OFFICE OF SHEELA MURTHY, PC
10451 Mill Run Circle, Suite 100
Owings Mills, Baltimore County
Maryland, 21117. USA.
Phone : 410-356-5440
Email : law@murthy.com
WebSite : http://www.murthy.com
-----------------------------------------------


_________________________________________________________
Enlighten your in-box. http://www.topica.com/t/15

If you came from a search engine directly to this page, please click here  Home.

All Rights Reserved.
Washington Information Services ©2005
A Division of KCS International, Inc.
(703)726-8885
customerservice@h1visajobs.com