Attorney Sheela Murthy's EDITORIAL COMMENTS for August 1999
Posted Aug 28, 1999

We present another edition of our Immigration Law Bulletin. The highlights in this issue are the fact that the priority dates continue to remain current in most of the employment based categories, the issuance of the diversity visa (lottery) application instructions and the issuance of guidance by the U.S. Department of State (DOS) on applying for a non-immigrant visa after an overstay.

When DOS announced in July 1999 that because the worldwide visa usage had been very low particularly at the Service Centers, and the priority dates had become current for most of the Employment Based categories, many attorneys, including us at the Law Office of Sheela Murthy recommended that it would be advisable for adjustment applicants not to wait till the visa numbers retrogress again and to go ahead and file the I 485 adjustment application promptly.

When the DOS announced that all the employment based categories will continue to remain current for September 1999, many of us were relieved since many more people will now have the opportunity to file their adjustment applications either in the month of August 1999 or during September 1999. In this edition of the Immigration Law Bulletin of the Law Office of Sheela Murthy, we have included a separate blurb summarizing the DOS explanation on the issue of the priority dates becoming current. They expect the current status to remain that way for several months. Let us wait and see!

As for non-immigrant petitions, we have requested that applicants file their H1B Petitions now rather than wait until October 1, 1999. There seems to be a mistaken impression on the part of companies and H1B applicants that they cannot file now, since the H1B quota has been met for this fiscal year. Indeed, it is advisable to file early so that the person will be able to start working by October 1999. We have also attempted to answer the oft asked question whether the spouse of the H1B applicant who has filed for adjustment of status is eligible to obtain the H4 visa stamp at the U.S. consulate abroad. Again, based on the present law and regulations, the consulates should accord H4 visa to the spouse assuming all the other conditions apply as set forth in the article below.

We have provided an update on the Diversity Visa lottery program for native of those countries who are eligible to participate. This year the application period is from early October 1999 to early November 1999. The crucial factor to keep in mind for the Diversity Visa application is being a native of an eligible country, signing the application and submitting the photograph and submitting it to the correct address with the required information and within the strict time frames required under the Diversity Visa application rules.

We do hope you are all enjoying your summer. We look forward to continuing to assist you all with your immigration related issues and hope that our Immigration Law Bulletin provides you the insight required to seek legal guidance when appropriate. All the Best.