Subj: Attorney Murthy's Immigration Bulletin
Date: 6/4/00 10:23:06 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. 22, June 2000, Week 1
Posted: June 01, 2000

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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.

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TOPICS in this Edition of the MURTHYBULLETIN:

1. Plan Ahead for Changing from F-1 to H-1 Status

2. Judiciary Committee Approves Smith-Jackson-Lee H1-B Bill

3. Another Update from the Chennai Consulate

4. Decrease in Visa Revalidation Fee for Indian Nationals

5. International Students Need Host Families

6. INS Service Center Processing Times

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1. Plan Ahead for Changing from F-1 to H-1 Status

Most F-1 students in the U.S. obtain one year of post-completion practical
training upon earning their degrees. Since graduation typically takes place
in May or June of each year, most of these students will have employment
authorization cards that expire the following May or June. After the
training period, some of those students will return to their home countries,
while others may be sponsored for H-1B temporary professional worker status
to continue their work in the U.S.

As readers of the MURTHYBULLETIN are aware, there is an annual quota for
H-1Bs. If it were not for the quota, it would be quite reasonable to start
the process for changing from F-1 to H-1B status a few months before
graduation, say in March. However, the later in the year the case is filed,
the less chance there is of having an H1B approval within the current year’s
quota.

In order to avoid anxiety and uncertainty, The Law Office of Sheela Murthy,
P.C. recommends starting the H1B process as early as possible. INS
regulations allow an H-1B petition to be filed as much as six months in
advance of the intended employment date. Therefore, for an F-1 whose
employment card expires the end of May, the company can file the H-1B
petition as early as November of the prior year. Therefore, plan ahead, and
begin the H-1B process early.

© Copyright Law Office of Sheela Murthy

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2. Judiciary Committee Approves Smith-Jackson-Lee H1-B Bill

In recent issues of the MURTHYBULLETIN, we have been reporting on the
various legislative proposals with respect to increasing the H1B cap and
other immigration related matters. While the discussion of Senate proposals
has centered on S. 2045, the Hatch/Abraham bill, on the House side there are
two competing bills: S. 3983 (Dreier/Lofgren bill), which is similar to S.
2045, and H.R. 4227, proposed by the anti-immigrant Representative Lamar
Smith.

After heated debate, and ultimate dismissal of the original H.R. 4227, the
House Judiciary Committee approved a modified version of H.R. 4227. This
H1-B bill sponsored by Representatives Smith (R-TX) and Jackson-Lee (D-TX)
was approved by all Republican members of the Committee and opposed by all
but two Democrats, Representatives Jackson-Lee and Rick Boucher (D-VA). This
Bill sets a minimum salary of $40,000 for H1-B workers (except for
teachers), eliminates the provision which allows employers to substitute
work experience for the educational requirements for the H1-B visa, requires
the employer to have at least $250,000 in assets -or file additional
paperwork, requires H1-B recipients to work at least 35 hours per week, and
eliminates the employer’s ability to bring in H1-B-eligible professionals
using other business visas (such as L-1, E-1 etc.) An additional amendment
allows a fee waiver for schools that sponsor H1-B applications.

The new substitute version of H.R. 4227 contains only slight changes, which
according to AILA and the business community in general, do not address the
most vexing problems with the bill as originally proposed. For example, a
brief summary of this Bill H.R. 4227 provides the following:

It drops the requirement that all names of H1-B holders be posted on the
Internet. However, the provision requiring that companies, salaries,
positions, nationalities, and academic credentials of H1-B holders be posted
on the Internet still remains part of the bill. Although this modification
attempts to preserve the privacy of the foreign worker, the possibility
still remains that co-workers could identify the worker from the
information.

b) It eliminates the requirement that would have transferred the
responsibility for verification of foreign educational degrees to the U.S.
Department of State (instead of INS).

c) It eliminates a proposed requirement that employers demonstrate that they
hired more American workers over the previous year. However, it still
requires the company to show that median salaries of U.S. workers were
raised in the previous year.

d) It eliminates the requirement that the DOL issue final regulations
implementing the 1998 law before any new H1-B visas are issued.

The Law Office of Sheela Murthy, P.C., along with AILA, remains committed to
supporting the proposed legislation H.R. 3983 (Dreier/Lofgren Bill) which
meets the needs of American businesses and protects foreign workers. H.R.
3983 would increase the H-1B quota without adding new burdens on employers.
It also provides relief from per-country limits and lessens the hardship
caused by INS processing delays in permanent residency cases. H.R. 3983 has
broad bi-partisan support, but it needs help since Representative Lamar
Smith, who heads the Immigration Subcommittee (i.e. within the House
Judiciary Committee), has been heavily promoting his own bill, H.R. 4227,
instead.

Both H.R. 3983 and the Senate bill S. 2045 provide for a reasonable increase
in H-1Bs, while addressing key issues in the permanent residency process.
Concerned readers should encourage their Representatives to support H.R.
3983 and oppose H.R. 4227, and also urge their Senators to pass S. 2045.
Information on how to contact your Representatives and Senators is mentioned
in our earlier issues of the MURTHYBULLETIN.

© Copyright Law Office of Sheela Murthy

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3. Another Update from the Chennai Consulate

The U.S. Consulate at Chennai (formerly Madras), India has announced some
procedural changes in May 2000, relating to the following issues:

method of payment for visa fees,
b) the H-1B fast track program, and
c) new fee schedule.

Effective June 1, 2000 all fees must be paid by demand drafts issued by
nationalized and foreign banks. Drafts are to be made payable to “American
Consulate General.” Please note that demand drafts from cooperative banks
are no longer acceptable.

The H-1B fast-track program, in effect only since March 2000 (described in
the February 25, 2000 issue of the MURTHYBULLETIN) is now being discontinued
as of June 1, 2000. Only a very small number of applicants have taken
advantage of the fast-track procedures, so the Consulate has decided that it
is not worth the time, effort and expense to keep the program going.

The Consulate also announced a new fee schedule, to be effective from June
5, 2000. These changes seem to be mainly due to a change in the exchange
rate, as the new rates are only slightly higher than the previous fees,
which took effect from April 15, 2000. For example, the visa issuance fee,
which was Rs. 3300 as of April 15, 2000, will now be Rs. 3375 from June 5,
2000.

Fees are as follows:

Non-Immigrant visa fees:

Visa processing fee Rs 2025 (non-refundable fee paid regardless of whether
the visa is issued)
Visa issuance fee Rs 3375

Immigrant visa fees:

Application fee: Rs 11,700
IV issuance fee: Rs 2925
Returning resident visa issuance fee: Rs 2250
Transportation Letter: Rs. 5400
Fiancé visa fee: Rs 2025

Fees for U.S. passports:

Applicants under age 16: Rs 1800
Applicants over age 16: Rs 2700
Passport Renewal: Rs 1800

Other Service fees:

Notarial services: Rs. 2475
Certifying true copies: Rs. 900

© Copyright Law Office of Sheela Murthy

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4. Decrease in Visa Revalidation Fee for Indian nationals

In the April 28, 2000 MURTHYBULLETIN, we reported that the visa fee schedule
is now available on the U.S. State Department website at
http://travel.state.gov.reciprocity/index.htm. As reported in that article,
all applicants pay a $45 application fee. There is also a separate
nonimmigrant visa issuance fee. The visa issuance fee is based on
reciprocity, meaning that it is generally the amount that a U.S. national
would pay for a visa to that country. For many countries, there is no visa
issuance fee.

The reciprocity fee for India was recently changed from $100 to $75. Thus,
if an Indian national applies for visa revalidation through the U.S.
Department of State (DOS), the total fees for each applicant would be $120
($45 + $75). Please note that all fees must be made by certified check,
money order, or corporate check, made to the order of the “U.S. Department
of State.” Cash or personal checks are not accepted. In the case of multiple
applicants, payment of all fees may be consolidated in one check.

Moreover, please remember that the DOS has a new mailing address for visa
revalidations since earlier this year. Please note that one is for postal
service and the other is for courier service:

Postal service
U.S. Department of State/Visa
P.O. Box 952099
St. Louis, MO 63195-2099

Courier Service
U.S. Department of State/Visa (Box 2099)
1005 Convention Plaza
St. Louis, MO 63101-1200

The Law Office of Sheela Murthy will continue to provide you with updated
information on issues which continue to be of interest to our subscribers.

© Copyright Law Office of Sheela Murthy

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5. International Students Need Host Families

In an effort to provide information of general interest to readers of the
MURTHYBULLETIN, we are summarizing some information on hosting foreign
exchange students during the academic year.

The Cultural Academic Student Exchange, a non-profit organization approved
by the U.S. government, seeks families who are willing to host foreign high
school students for either one semester or up to a year.

The students are expected to arrive some time in August of each year,
depending on the date when the high school starts. Although the students
will bring their own spending money and have medical insurance, the host
family is expected to provide room and board and include the student as a
member of the family. Retired couples, couples with or without children, and
single parent families are allowed to participate in this exchange program.

By way of background, most students speak English and are from countries
such as Germany, Spain and Russia. The family can choose to host either a
male or female student between the ages of 15 and 18, with various interests
and hobbies that are matched to the host family. A local area representative
of the Cultural Academic Student Exchange will provide some ongoing support
to the host family during the year.

Interested readers of the MURTHYBULLETIN can call toll free at
1-877-846-5848 for more information on this exchange program.

© Copyright Law Office of Sheela Murthy

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6. INS 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>

© Copyright Law Office of Sheela Murthy

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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
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