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NewsFlash! Little Movement in July Visa Bulletin

This morning, the U.S. Department of State (DOS) released the July 2015 Visa Bulletin. The employment-based, second preference (EB2) category for people born in India sees no movement, leaving the...

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Class Action Lawsuit Filed Over EAD Delays

A nationwide, class action lawsuit has been filed against the U.S. Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) for delays in the adjudication of...

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MurthyAudio: Upgrading from EB3 to EB2 – Tips for Employers

Murthy Law Firm attorneys provide an overview of common issues related to upgrading from EB3 to EB2. They discuss educational equivalency issues, priority date retention and the use of exceptional...

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Murthy Law Firm Files Brief in Support of Individual Rights in AC21 Cases

The Murthy Law Firm filed an amicus curiae (friend of the court) brief with the U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO), urging for a long-needed change in...

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NewsFlash! Delays in U.S. Visa and Passport Issuance

The U.S. Department of State (DOS) is experiencing technical problems that are causing delays in issuance of U.S. visa "stamps," as well as some U.S. passports. DOS advises that the problems are not...

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H1B Suspension of Premium Processing Clarified

As previously explained, the U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended premium processing for certain H1B petitions, from May 26 through July 26, 2015. In announcing...

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July Visa Bulletin: No Change for EB2 India

The U.S. Department of State (DOS) July 2015 Visa Bulletin brings disappointing news on a number of fronts. The cutoff dates in the employment-based, second preference (EB2) category for India and the...

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NewsFlash! Visa “Stamps” Completely Unavailable Worldwide

A technical failure at a U.S. Department of State facility in the United States has now resulted in visa "stamps" being unavailable worldwide. As a result of this technical failure, U.S. consulates are...

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Travel After Change-of-Status Approval with Future Start Date

In 2004, the USCIS confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States...

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NewsFlash! Progress Seen in Visa Technical Problems

The U.S. Department of State (DOS) reports that progress has been made toward restoring the visa issuance systems. DOS updates state that 22 consular posts have been reconnected to the biometric data...

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FOIA Backlog Due to Requests for Immigration Records

The U.S. Department of Homeland Security (DHS) continues to receive more requests under the Freedom of Information Act (FOIA) than any other government agency. In fact, during fiscal year 2014 (FY14),...

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NewsFlash! More Consulates Functional

The U.S. Department of State (DOS) is making significant progress toward resolving the technical problems that were preventing visa issuance. As of this writing, 39 consular posts are reconnected to...

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USCIS Returning H1B Cap Petitions Not Selected in Lottery

On June 12, 2015, the Murthy Law Firm received the first few packages containing H1B filings returned as not having been selected in the fiscal year 2016 (FY16) random H1B lottery. Almost a month has...

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Visa Bulletin Analysis, Predictions, and Trends: EB2 India Stalls

The U.S. Department of State (DOS) provides a monthly explanation of visa bulletin developments, as well as predictions for future cutoff date movements. The predictions for July 2015, which follow the...

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Visa Issuing Capabilities Fully Restored: Backlogs Clearing

The U.S. Department of State (DOS) announced that all visa-issuing embassies and consulates are fully functioning, as of June 26, 2015. This marks the end of a worldwide shutdown of visa issuance that...

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Online Form I-539 Discontinued for Changes or Extensions of Status

As of June 15, 2015, the U.S. Citizenship and Immigration Services (USCIS) discontinued the online filing option for the application to extend / change nonimmigrant status (I-539 form). These changes...

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Supreme Court Leaves Doctrine of Consular Nonreviewability Intact

The U.S. Supreme Court issued a decision, on June 15, 2015, in Kerry v. Din, a case that involved the doctrine of consular nonreviewability. Consular nonreviewability protects the decisions of U.S....

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H1B Transition Issues: International Travel

It is the time of year when many former F-1 students are transitioning to H1B status. We at the Murthy Law Firm have some thoughts regarding travel considerations for F-1 students who need or want to...

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Some Speedy H-4 EAD Approvals

The option for qualifying H-4 spouses to apply for employment authorization documents (EADs) began May 26, 2015. Although it was widely expected that it would take several months for the first approval...

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Nepal Designated for Temporary Protected Status

The U.S. Department of Homeland Security (DHS) has designated Nepal for temporary protected status (TPS) in the wake of devastating earthquakes that occurred in April and May 2015. Nationals of Nepal...

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