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					Law Offices of P. Michael Khosla & Associates, P.C. Breaking News 8-14-06 Pg 1 Website: www.usimmigration.net



                                          BREAKING NEWS
8-14-06
Reminder: Deadline is Monday for BEC case re-open requests due to 45-day letter issues: On July 10, 2006, DOL
published the attached an FAQ regarding Non-Receipt of 45-Day Letters and the Process for Addressing Related Requests
to Reopen. The process and remedy described in the FAQ are available to employers who believe a case has been closed
due to issues surrounding the receipt of or response to 45-day letters outlined in the FAQ.

Employers who believe one or more of their cases has been closed for reasons covered by this FAQ, and who wish to
request those cases be reopened, must submit requests to the BEC via email reopenrequest@dal.dflc.us or
reopenrequest@phi.dflc.us . Please see FAQ for BEC instructions regarding content of the email.

To be considered for reopening, all requests must be received by a BEC within 30 days of the publication of the policy
announcement -- Monday, August 14, 2006, or within 30-days of the receipt of a case closed letter, whichever is later.
Frequently Asked Questions regarding Re-Open Requests can be found at the following Link:
http://www.ows.doleta.gov/foreign/pdf/backlog_faqs_07-10-06.pdf


Visa Bulletin – September 2006: The September 2006 Visa Bulletin has come out and it shows some interesting
movements (or lack thereof). EB1 India is now current. EB2 India, as expected remained at “U” (unavailable). It is expected
to move (forward) when the next visa bulletin comes out on September 15 (for October 2006). The most significant
movement forward was for Worldwide EB3, which moved from October 2001 to March 2002. This movement is expected to
slow down next month. EB3 China moved up 5 months from Oct 2001 to March 2001. However disappointingly, EB2 China
again did not move forward at all. It is still stuck at March 01, 2005 for 3 months now (July, Aug and Sep 2006 visa bulletins
showed no forward movement). We reproduced the EB tables for July, Aug and Sept below for a quick recap. See
http://www.usimmigration.net/home/latestvisabulletin.html

The September 2006 visa bulletin appears at: http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3009.html
The August 2006 visa bulletin appears at: http://www.travel.state.gov/visa/frvi/bulletin/bulletin_2978.html
The July 2006 visa bulletin appears at: http://www.travel.state.gov/visa/frvi/bulletin/bulletin_2943.html

                   EMPLOYMENT BASED SEPTEMBER 2006 IMMIGRANT VISA AVAILABILITY TABLE
                            All Chargeability Areas
                                                      CHINA-mainland born INDIA             MEXICO          PHILIPPINES
                            Except Those Listed
Employment Based
1st                         C                         C                     C               C               C
2nd                         C                         01MAR05               U               C               C
3rd                         01MAR02                   01MAR02               15APR01         22APR01         01MAR02
Schedule A Workers          C                         C                     C               C               C
Other Workers               U                         U                     U               U               U
 th
4                           C                         C                     C               C               C
Certain Religious Workers   C                         C                     C               C               C
 th
5                           C                         C                     C               C               C
Targeted Employment
                            C                         C                     C               C               C
Areas/ Regional Centers

                     EMPLOYMENT BASED AUGUST 2006 IMMIGRANT VISA AVAILABILITY TABLE
                            All Chargeability Areas
                                                      CHINA-mainland born INDIA             MEXICO           PHILIPPINES
                            Except Those Listed
Employment-Based
1st                         C                         C                     01JAN06         C                C
 nd
2                           C                         01MAR05               U               C                C
3rd                         01OCT01                   01OCT01               01APR01         22APR01          01OCT01
Schedule A Workers          C                         C                     C               C                C
Other Workers               U                         U                     U               U                U
4th                         C                         C                     C               C                C
Certain Religious Workers C                           C                     C               C                C
5th                         C                         C                     C               C                C
Targeted Employment
                            C                         C                     C               C                C
Areas/ Regional Centers
Law Offices of P. Michael Khosla & Associates, P.C. Breaking News 8-14-06 Pg 2 Website: www.usimmigration.net


                          EMPLOYMENT BASED JULY 2006 IMMIGRANT VISA AVAILABILITY TABLE
                            All Chargeability Areas
Employment-Based                                       CHINA-mainland born    INDIA           MEXICO          PHILIPPINES
                            Except Those Listed
1st                         C                          C                      01JAN06         C               C
2nd                         C                          01MAR05                01JAN03         C               C
3rd                         01OCT01                    01OCT01                15APR01         22APR01         01OCT01
Schedule A Workers          C                          C                      C               C               C
Other Workers               U                          U                      U               U               U
4th                         C                          C                      C               C               C
Certain Religious Workers C                            C                      C               C               C
5th                         C                          C                      C               C               C
Targeted Employment
                            C                          C                      C               C               C
Areas/ Regional Centers



Masters Degrees H-1B Cap reached: Having reached the cap for the H-1B exemption for graduates of U.S. advanced
degree program more than 2 months before the start of the fiscal year, and having reached the overall H-1B cap more than 4
months before the fiscal year's start, it is clear that visa reform is necessary. Read AILA’s comment on:
http://www.aila.org/content/default.aspx?docid=20182


DHS/DOS Proposed Rule to Require Passports of Western Hemisphere Travelers: Proposed rule issued jointly by
Customs and Border Protection and State Dept. would require passports of certain travelers between the U.S. and Canada,
Mexico and Bermuda as of 1/8/07. (71 FR 46155, 8/11/06)


President Bush discussed Comprehensive Immigration Reform Bill: In an address on comprehensive immigration
reform, President Bush discussed increased funding for border security, the end of catch and release, worksite enforcement,
documentation for temporary workers, and deportation. See http://www.whitehouse.gov/news/releases/2006/08/20060803-
8.html


Consulate in Singapore Addresses H-1B1 Fees, Equivalencies: In response to email inquiries from an AILA attorney
member, the U.S. consulate in Singapore has provided the following information about the fees for filing for an H-1B1 under
the Singapore Free Trade Agreement, and about the standards for a degree equivalency under the Agreement.

With respect to the fees, the consulate stated:

      "The fees are the same for all visa types, S$170, payable with a Cashier's Order to 'American Embassy,
      Singapore.'… The H1B fees do not apply (those fees are payable in the US when the I-129 is filed - an I-129 is
      not required for the H1B1)…."
      With respect to degree equivalencies, (the AILA attorney member) inquired whether the post recognizes the
      USCIS formulation of three years of experience for one year of formal education. The consulate responded:
      "Yes, we do recognize the 3 for 1 formula however, the alien must demonstrate progressively responsible
      experience and a level of knowledge sufficient to show 'theoretical and practical application of a body of
      specialized knowledge.' Also, depending on the position, the alien may also have to show more than '3 for 1' if
      the industry standard for the position would require an advanced degree (i.e. law degree, masters degree, etc)."


Miscellaneous Notes:

      1.        I-140 approvals coming out of TSC are as fast as 1-2 weeks. Under the Bi-Specialization program, all I-140s
                are filed in NSC, and NSC does internal transfer of cases to TSC for internal load sharing. In most cases we
                were seeing a consistency in these transfers, i.e., for example, cases belonging to Petitioners that existed in
                California are sent to TSC, where as Petitioners in Ohio or Illinois are adjudicated in NSC. However lately even
                OH and IL cases are being sent to TSC. We had a recent case where an OH client’s I-140 cases were filed in
                NSC, and the two I-140s were for two employees who are colleagues that sit in adjoining cubicles. One
                employee’s I-140 languished in NSC for 4 months since May 06, the other I-140 got approved in 2 weeks from
                TSC. Both were filed in NSC.

      2.        I-485 approvals for EB2 for Worldwide category are getting approved in less than 30 days!. We recently
                witnessed the fastest ever I-485 approval for an Argentina born EB2 client. PERM was filed in May 2006,
                approved in June 2006, I-140 filed in June 2006 approved in July 2006, I-485 filed 7/22/06 approved 8/11/06 (!)
Law Offices of P. Michael Khosla & Associates, P.C. Breaking News 8-14-06 Pg 3 Website: www.usimmigration.net


    3.       BRC Dallas has started issuing some NOFs (Notice of Findings) in RIR cases where NOFs are not warranted
             (in this Counsel’s opinion, based on past precedents). We are wondering if this is a (lack of) proper training
             related problem, in their efforts to clear up the backlog by September 2007.

    4.       PERM approvals out of Chicago are taking less than a week in many cases.
                                                            rd
    5.       EB2 China remained stagnant again for the 3 month in a row, which was depressing and surely disappointing
             to our vast number of China born clients. India EB2 remained “U” which was expected. Interestingly EB3
             worldwide advanced by 5 month. We will see how this trend continues.

    6.       Backlog Elimination Center – USDOL: 45 day letter non-receipts: Today is the deadline to request for any
             missing 45 day letters. The BRC is taking 30-60 days to respond to these requests.

    7.       Backlog Elimination Center – USDOL: Case closure, re-open requests: The typical lead-time is 3 months after
             we inform the BRC of an inadvertent closure. However inadvertent closures are far and few. In about 300
             cases we experienced about 6 closures, 5 of which have all been re-opened. 1 request is pending for a CA
             client.


I-140 approval under EB-1 for an Outstanding Researcher received 8/14/06: This law office received an EB-1 I-140
approval for an Outstanding Researcher for a medical doctor that was sponsored my one of our major university hospital
clients. This physician was engaged in cutting edge research in the field of Echocardiography Sonograph, a technique that
helps identify potential risk of sudden death in young infants due to cardiac failure. We were able to show intrinsic merit in
the nature of the research without much of a problem. We were able to show outstanding ability and peer recognition by
virtue of laudatory letters from other scientists unknown to the physician personally but rather only on a professional basis,
from 6 different states in the US and also from 3 other countries including Japan, where his publications were well received.
The physician had also authored a book on the subject. The copy of this EB-1 I-140 approval appears at:
http://www.usimmigration.net/images/I-140_Approval_EB1_OR_8-14-06.pdf

                                                                 st
PERM and RIR Approvals for Alien Labor Certification (1 step in the 3 step Green Card processing through
employer sponsorship) – Latest update: This law office has received 11 PERM and RIR approvals from the USDOL in
the past 3-week period from 7-22-06 to 8-11-06. The PDF file with the scans of these certified Alien Labor Certification
approvals is viewable by clicking at:
http://www.usimmigration.net/images/072206_to_081106_PERM_8_RIR_3_Approvals.pdf (Note: this is a 0.4 MB PDF
document) or http://www.usimmigration.net/pages/46/index.htm

These 10 PERM and RIR approvals for the period 7-22-06 to 8-11-06 have come for the following positions in approximately
the following time frame:

(Note: If a case has taken longer than 100 days to process, we are indicating in parenthesis next to the Processing Center,
whether the case underwent an “Audit” or “No Audit”, for accuracy in reporting and understanding. Also if the approval was
through a conversion from RIR to PERM and the old priority date was retained, that is also indicated)

Position               EB2/EB3       Date Filed        Date Certified     Approval Time     USDOL Center

PERM – 8 cases approved
Import/Exp. Bus. Op. Mgr EB2         07/24/2006        08/08/2006           15 days         Atlanta
Mechanical Engineer      EB2         07/22/2006        08/07/2006           16 days         Chicago
Electrical Engineer      EB2         07/25/2006        08/04/2006           10 days         Atlanta
Electrical Engineer      EB2         07/25/2006        08/03/2006            9 days         Chicago
Software Engineer        EB2         07/24/2006        08/02/2006            9 days         Chicago
Software Engineer        EB2         06/24/2006        07/28/2006           34 days         Chicago
Mechanical Engineer      EB2         07/22/2006        07/27/2006            5 days         Chicago
Mechanical Engineer      EB2         07/24/2006        07/27/2006            3 days         Chicago

Average Time = 12 days           High: 34 days          Low: 3 days

RIR – 3 cases approved
Mechanical Engineer    EB2           07/26/2004        08/01/2006         24 months         Dallas
Mechanical Engineer    EB2           12/10/2004        07/26/2006         19 months         Dallas
Mechanical Engineer    EB2           11/29/2004        07/24/2006         19 months         Dallas
Law Offices of P. Michael Khosla & Associates, P.C. Breaking News 8-14-06 Pg 4 Website: www.usimmigration.net


I-140 approvals – Latest Update: We have received 21 (twenty one) I-140 approvals recently for the past 3-week period
from 7-22-06 to 8-11-06. The PDF file with the scans of these I-140 approvals is viewable by clicking at:
http://www.usimmigration.net/images/I-140_Approvals_21_072206_to_081106.pdf (Note: this is a 3.6 MB PDF document) or
http://www.usimmigration.net/pages/49/index.htm

CSC = California Service Center
NSC = Nebraska Service Center
TSC = Texas Service Center
VSC = Vermont Service Center

Position               EB2/EB3      Date Filed    Date Approved Approval Time       USCIS
I-140 (Labor Certification based)
RF Engineer                EB2      04/13/2006    08/04/2006         15 weeks       NSC
Mechanical Engineer        EB2      04/13/2006    08/04/2006         15 weeks       NSC
Electrical Engineer        EB2      03/31/2006    08/03/2006         16 weeks       NSC
Financial Analyst          EB2      07/21/2006    08/03/2006          2 weeks       TSC
Software Engineer          EB2      03/29/2006    08/02/2006         16 weeks       TSC (after RFE)
Mechanical Engineer        EB2      07/18/2006    08/02/2006          2 weeks       TSC
Software Engineer          EB2      03/29/2006    08/02/2006         16 weeks       TSC (after RFE)
Mechanical Engineer        EB2      07/18/2006    08/02/2006          2 weeks       TSC
Software Engineer          EB2      03/31/2006    08/01/2006         16 weeks       NSC
RF Engineer                EB2      06/28/2006    08/01/2006          4 weeks       TSC
RF Engineer                EB2      06/28/2006    08/01/2006          4 weeks       TSC
Programmer Analyst         EB3      03/31/2006    07/31/2006         16 weeks       NSC
Software Engineer          EB2      03/31/2006    07/31/2006         16 weeks       NSC
Mechanical Engineer        EB2      03/24/2006    07/28/2006         16 weeks       TSC (after RFE)
RF Engineer                EB2      06/02/2006    07/28/2006          8 weeks       TSC
Transportation Engineer EB2         06/20/2006    07/24/2006          4 weeks       TSC
Software Engineer          EB2      06/19/2006    07/24/2006          4 weeks       TSC
Mechanical Engineer        EB2      07/11/2006    07/24/2006          2 weeks       TSC
Financial Analyst          EB2      06/14/2006    07/24/2006          6 weeks       TSC
Software Engineer          EB2      03/31/2006    07/24/2006         15 weeks       NSC
Mechanical Engineer        EB2      07/11/2006    07/21/2006        1.5 weeks       TSC

Average Time for 1-140 approvals (average of 21 case, TSC and NSC) = 9 weeks

				
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