MurthyBlog

The Women, Faith and Development Alliance (WFDA) Summit to End Global Poverty

I was honored on Sunday, April 13, 2008 to participate in the Women, Faith and Development Alliance (WFDA) Summit to end global poverty. Held at the National Cathedral in Washington DC, it was an inspiring day that made all of the thousands present feel like a part of history. We were moved to believe we need to do all we can to change the world. Coming from a country like India, where poverty is lurking in every corner, I feel that we who have seen poverty and have been surrounded by it, need to make a conscious decision to work together to change it. Every person deserves a chance at life and deserves to provide the basic necessities for themselves and their loved ones.

Leaders from around the world participated in this breakthrough summit to change the world in an attempt to end global poverty. Present were co-Chairs Madeleine Albright, former U.S. Secretary of State; Honorable Kim Campbell, former Prime Minister of Canada; Her Excellency, Mary Robinson, former President, Republic of Ireland, among others. Although the goal seemed so beyond reach, in fact, Ms. Albright made the valid point during her keynote address that poverty is a human-created condition, not a natural disaster like a tornado, hurricane, or flood. If it is a human or man-made condition, then human beings can and should work together to end poverty. This resonated with all of us.

It was amazing that in that one day WFDA was able to raise over $680 million (U.S. dollars) to end global poverty, and that was just the starting point for this laudable goal. I was invited to the stage for my work and involvement with the expansion of the United Way in India. The CEO of United Way International, Brian Gallagher, invited three of us onstage, since the United Way pledged $30 Million at the WFDA Summit to eliminate global poverty.

The event was inspirational and I hope that the work of everyone will help to end poverty. I am optimistic that we will all work together to help others, having been fortunate enough in our own lives that we have the ability to give back. I am convinced that money is a black hole that can never be enough if we think of it that way, but there is always enough and to spare if we think we are so fortunate and blessed that we can share it with others. Enjoy the abundance that you feel in your heart and soul so that we can share our resources with others to make it a better world for everyone, including ourselves. Do it for your own happiness and to leave a better world for our next generation, if for no other reason. Thank you for caring enough to read and learn about my work and passion to leave behind a better world. Together we can achieve the impossible!

H1B Cap Filing Season is Upon Us, Now What?!

The USCIS publishing the Interim Final Rule yesterday on March 19, 2008 in the Federal Register that they plan to first use up all the 20,000 U.S. Masters cap cases and only then use up the 65,000 general quota H1B numbers has a problem that no one seems to focus on! While on the one hand, it may appear to make sense on some strange level to use up the MS quota numbers first, the purpose, at least in part with the law would seem to have been to give more time for U.S. Master's students to file their H1B petitions during the fiscal year.

Now, these students with an advanced U.S. degree will need to rush and file their cases within the first week or most likely lose out! It is a bigger problem for most of them who will not have completed their course and graduated until May 2008. With this major substantive change in the law, surprisingly, the USCIS refers to it as non-substantive and procedural, therefore not requiring any public comment under the Administrative Procedures Act or APA. Yet this rule ignoring the APA seems to take away a major benefit that was intended specifically for U.S. Master's graduates when universities and Congress passed the law to add 20,000 H1B numbers to the H1B annual quota.

The troubling part is that the time and effort it will take to sue the DHS/ USCIS on this issue may help most Master's students in the future but it seems a bit late for this year considering that there are less than 2 weeks left for the USCIS to receive all the new H1B cap subject cases by April 1, 2008. An emergency class action injunction is possible but who has the time and effort to file it and ensure that their H1Bs are properly prepared and filed in that time as well?

New Year's Message for 2008 from Attorney Sheela Murthy

It is difficult to believe that we have all grown a year older - though, hopefully, wiser too - as 2007 comes to a close. Another year filled with memories, difficult times, good times, and life just moving on. In retrospect, the biggest news in the world of immigration law during 2007 was that the employment-based dates (other than the Other Worker category) becoming “current” in July / August 2007, resulting in an unprecedented number of I-485, or adjustment-of-status, filings in the U.S. during that short timeframe. But the downside is that there are not enough visa numbers to allow for approval of the many pending cases, or to allow for people who were not able to file their I-485s to move forward. Because of retrogression and the insufficient, outdated, allocations of visa numbers, many face waiting times measured in years.

On the political front in the U.S., which will directly impact the future of immigration, there is much heated debate as to who should be the next president of our country. Both the Democrats and Republicans will select their candidates in 2008 and the nation also will elect our next president in November 2008. Whether it is Clinton, Edwards, Giuliani, McCain, Obama, Romney, or someone else, immigration is sure to continue to be a hotly debated, divisive issue in this nation. But as long as we focus on our core strengths as a country, the value of immigrants (historically, economically, and culturally), I have no doubt of our ability to work with dogged determination to overcome any hurdles that loom before us, so that we will triumph valiantly!

One of life's ironies is that each of us believes that the problems of others are far less painful or significant than our own and that they all seem to be coasting along or overcoming their difficulties with greater ease. Upon further examination, we might realize that every one of us carries her or his own share of life’s burdens and many of these can be mitigated by counting our blessings each day for what is given to us, whether it is little or much, and to approach difficult times with an attitude of gratitude for all that such times teach us about becoming stronger and better. Thank you for continuing to patronize our firm. We at the Murthy Law Firm value your trust and the opportunity you have placed in our hands. It is time to harness our strength and think positive thoughts for 2008 and beyond. So, here is wishing you and your loved ones the very best in the New Year, to you our valued clients, our friends, and our well wishers!

Meeting at U.S. Consulate, Chennai, India in October 2007

On my recent trip to India, I had the distinct pleasure and opportunity to meet with various key consular officers at the U.S. Consulate in Chennai, India. The meeting was on the afternoon of Tuesday, October 9, 2007 (local time) at the Consulate. The meeting was with the Chief of the Consular Section, Mark Fry, and with Peter Hancon, the Chief of the Nonimmigrant Visa Section, both of whom had met with me on more than one occasion previously. This time, I was introduced to a new officer in Chennai, John Ballard, the Country Coordinator of the Fraud Prevention Programs. Mr. Ballard has had a highly accomplished career and has been assigned this important task of heading up the Fraud Prevention Unit in India for all the consulates based on his stellar work record. The Consular team went over some issues at the consulate and I was able to discuss a couple of cases for specific individuals who had engaged the Murthy Law Firm. There has been no major policy or procedural change since we last updated MurthyDotCom and MurthyBulletin.

Mark Fry was extremely generous with his time and led us around the Consulate to show us the various changes that recently have been made there, including many new stations / windows for more officers to interview candidates, more waiting area space, and other structural changes. It is impressive to note that, during fiscal year 2007 (Oct 1, 2006 through Sep 30, 2007), the Consular section at Chennai processed almost 300,000 nonimmigrant visas with comparatively limited staff and resources. Obviously, the demands on the consular officer to make a decision within a very short time span adds pressure to all concerned, whether the visa applicant or the interviewing officer. That is why it is critical to submit only the necessary documents in a simple and easy-to-read format, so that a prompt and favorable decision can be rendered in any visa case. Mr. Fry mentioned that the scheduled opening of the new Consulate in Hyderabad, India, in 2008 is still in place, but the construction work with all the security requirements have not yet been completed, so there may be some delay in its opening.

Overall, it was a positive meeting that provided an opportunity for us to liaise with and meet key consular officers. It is only at such meetings that we can track any changes at one of the busiest H1B-processing consulates in the world at Chennai, India, and report on these to you, our valued readers.

Immigration Voice Rally Great Success!

This has been an exhilarating day, having attended the Immigration Voice Rally in Washington, D.C. The turnout was very impressive, considering that this was a work day and that many participants had to travel great distances to get to the rally!

The vision of fellow immigrants, so many members of my Indian community, in a grassroots movement, fighting to make their voices heard, using the democratic process to peacefully assemble was a unique experience.

When the week began, like many of you, I had a full schedule. I received a kind invitation from Immigration Voice to their Congressional Reception at the Rayburn House in D.C. on Monday, September 17th evening. After meeting so many dedicated members of the organization, their passion which was infectious compelled me to re-arrange all my appointments for the day to attend the rally and show my support!

I was delighted to have the opportunity to say a few words at both events with other eloquent speakers who spoke passionately of their own immigration journey with its trials and tribulations. I applauded each person who attended the rally, their families for supporting them, and the organizers at Immigration Voice. Without each person there, the event would not have been so successful.

The goals of Immigration Voice are indeed laudable. They seek to influence legislation and get Congress to examine the delays and problems in our immigration system that penalizes those who are law abiding.

In decades to come, this rally will be considered the stepping stone that changed the course of our history in immigration law in the U.S. with increased quotas for legal and skilled immigrants. It is obvious that this was a Herculean effort on the part of the organizers who have been preparing and working behind the scene for months. We at the Murthy Law Firm will continue to support this effort!

CONGRATULATIONS, IMMIGRATION VOICE!

Best wishes,

Sheela Murthy

The official photographs of the IV rally and related events will be posted at the Immigration Voice website - http://www.immigrationvoice.org. Please also try this thread on their forum.

Here are a few photographs of me at the rally :-)
At the Reception (Aman, Ashish & Tamsen) 
At the Rally
Speaking at the Rally
With IV Members

Previous announcements:
Remember the IV Rally on Sep 18th
Posted Sep 14, 2007
Join the Sep 18th Immigration Voice Rally! 
Posted Sep 07, 2007
Immigration Voice Group Organizes Rally
Posted Aug 23, 2007

Unprecedented Filings in Record Time by the Murthy Law Firm!

I am delighted to share that we at the Murthy Law Firm have succeeded in submitting a record number of I-485 cases for our clients during the period falling under the July 2007 Visa Bulletin of the U.S. Department of State (DOS). In fact, we completed all of our I-485 filings with EADs and APs for every person who had requested them on or before Friday, August 10, 2007, which was our internal deadline to file every eligible case. We then reserved the last week for those cases where the employer or the family members needed the extra time to gather additional documents for reasons like return from emergency foreign travel or recently-obtained Labor Certification or PERM approvals, etc.

Our usual methods of working were adapted so that our many eligible clients could be filed, if that was their wish; tackling the challenge presented by this unprecedented action on the part of the DOS and the United States Citizenship and Immigration Services (USCIS). To make absolutely certain we did not overextend ourselves and risk the ability to file a single one of our existing clients, we made the choice not to take on any additional clients for this particular process of I-485 filing during this time, though it meant having to turn away those individuals who came to us with great hope and expectation that we could help them.

The dedication of all our employees has been overwhelming; many of them working six or seven days a week and postponing or canceling their vacations. To show our appreciation, we felt it was the least we could do to offer generous over-time compensation and catered lunches throughout the weeks of this daunting task.

I would like to take this opportunity to publicly thank our legal, administrative, and technical staff for their commitment to our firm and our clients. I would also like to thank our valued clients, who have been very understanding during a time that has not been one of "business as usual." A couple of the many kind messages we have received from our valued clients are shared with you below.

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from Nikhil :

You must be busy as never before in preparing the cases for your clients. I would like to thank you all for handling the whole process so professionally, smoothly and meticulously. My case reached the USCIS today and I am extremely pleased with the services I received from your law firm right from the beginning. ULP was a great feature and tool which got me all answer I wanted, all your critical updates and FAQs were great source of information. I never had to make a single phone call during this whole process!

I would stand as testimony to your excellent services... . Keep up the splendid work.

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from Rajender :

I want the world to know about "your exceptionally high quality of services". I was impressed and so was my family. Your setting up the ULP for your customers must have been a daunting task, but it kept the communications alive and I must say your written responses were prompt.

I appreciate the hard work put in by your entire staff of paralegals, attorneys and supporting staff. The speed and precision you are work with is unprecedented. I on my and my family's behalf want to say a BIG THANK YOU to all that handled my case. ...I am very happy with Murthy Law Firm's services.

Kudos : Together We Did It!

We at the Murthy Law Firm have been receiving messages of thanks from many of our clients and others for keeping them well informed and for any part we played in the recent concessions from the U.S. Department of State (DOS) and the U.S. Citizenship and Immigration Services (USCIS) with regard to honoring the July Visa Bulletin and again accepting employment-based I-485 (Adjustment of Status) filings. We appreciate the kind words and compliments of so many of you for our involvement in the recent decision of July 17, 2007. I want to assure you that, although we each contributed, without the direct involvement and threats of Congresswoman Zoë Logfren, and the collective efforts of the pro-immigrant community, this effort could not have successfully concluded in the reversal of their position - and certainly not so quickly! Click here for more!

Murthy Exhorts DHS Secretary Michael Chertoff to Revise USCIS Policy

The USCIS decision of July 2, 2007, not to accept any I-485 filings affects thousands of people. Since then, our surprise, anger, frustration and despair with the system and the lack of transparency and consistency with the USCIS, has turned to wanting to do something concrete. Some decided to support or participate in the class action lawsuit being planned by the American Immigration Law Foundation. Others have sent flowers to shame USCIS Director Gonzales to protest his decision. Others have resigned to their misfortune.

I suddenly realized that I had an avenue to help in this situation that most others may not. I had recently met and spoken with Michael Chertoff, Secretary of the Department of Homeland Security (DHS) in mid-June 2007 during the Harvard Law School Worldwide Alumni Congress. See the MurthyBlog of June 20, 2007. He is also a fellow Harvard Law School alumni. So I took the liberty to write to Mr. Chertoff to explain the issues and our concerns. Since the USCIS is only one of over 20 agencies that is a part of DHS, I wanted my letter to provide Mr. Chertoff some background in case he is not very familiar with the issues and point out the importance of our government being transparent and consistent to the people it serves. 

Click here to review my letter to Mr. Chertoff (will be posted by the evening of July 12, 2007). In my letter, I request him to direct the USCIS to change their decision and start accepting I-485 cases for July 2007. We also request a review of the USCIS allocation of about 60,000 immigrant visas claimed to have been allocated within a month and we request that a system be set up so that such incidents cannot be repeated in the future, as it undermines our faith and trust in our government.

Our nation is the beacon of hope for the rest of the world. We need to be different from other governments and countries that are rampant with greed, corruption and where residents do not enjoy rights that are enshrined in our U.S. Constitution. The actions of the USCIS violate our rights and make us lose faith in our legal system and the freedoms that this country is respected and admired for.

Thank you to each of you who has helped and supported, whether vocally, by sending flowers, or in spirit, or any other way you could, by supporting the cause. Hang in there! I am confident that together we will either succeed or know that we made 100% efforts to succeed!

US - India Business Council Meeting in DC

On June 27, 2007, I attended the USIBC or US India Business Council meeting organized by the U.S. Chamber of Commerce in Washington, D.C. The USIBC was apparently created in 1975 to promote trade and friendship between the U.S. and India. There were many companies active in this partnership. Our keynote luncheon speaker was the U.S. Secretary of State Condi Rice. The CEOs of some of the largest companies in the U.S. and in India were present and spoke on various panels. For example, the CEO of Chevron, Jet Airways, Boeing, Reliance, etc. It was a wonderful to participate in this august gathering. I had the opportunity to meet many business colleagues and friends whom I had not met for years and to see the growing partnership and friendship of various businesses in the private sector working together in joint venture agreements amongst themselves.

Harvard Law School Worldwide Congress - June 2007

Talk and Attendance during HLS' Worldwide Congress - June 2007

On Thursday, June 14, 2007, I was on a panel speaking at the National Press Club in Washington, D.C. We discussed alternate career paths and quality of life issues for Harvard Law School (HLS) alumni. The other panelists on this topic were HLS Alumni. One was a federal judge and the other, a well known novelist, who is now working as an Assistant Dean at HLS.

After my speaking session, I participated in the HLS Worldwide Alumni Congress with other HLS alumni attending from all over the world. The various panels were thought-provoking with renowned speakers on the various fields. Throughout the Congress, I was active and posed questions of the speakers after almost all of the sessions, and the speakers were all generally positively inclined, responsive and appreciative of the interest generated by their comments.

I particularly enjoyed various panels, including one titled, "The Profession under Fire" where there was an analysis of the issues that the legal profession should be sensitive about and possible solutions that we can work together to deal with. Another interesting panel was "Modern Terrorism and its Impact upon the Rule of Law" where among the HLS alumni speaking was Michael Chertoff, Director of the U.S. Department of Homeland Security. After the panel, I met with Mr. Chertoff and explained my area of work in U.S. immigration law and that his name and title are mentioned on many of the forms and documents that we prepare for our clients. I mentioned that we appreciate the difficult position and responsibility he has in a post September 11th world but as a nation we should not forget or abandon the fundamental due process rights that are granted under the U.S. Constitution that we all are so proud about. He agreed with me that it is a difficult balance and one that we all must strive to maintain. We ended the panels at the Congress with a session with U.S. Supreme Court Justices, followed by a luncheon meeting at the U.S. Supreme Court with five of the nine Supreme Court Justices attending.

Overall, the HLS Worldwide Congress was a wonderful opportunity to discuss national and international issues of concern and apply the knowledge and perspectives gained to help you, our valued clients, in the work that we are entrusted to do on your behalf.