amitjoey
07-09 07:00 PM
I am telling you, this is all great!!. It is working, do not doubt it. It has to be this way for a news story. This makes a great story. Also canceling orders sends wrong messages, we care for the troops fighting for us, Why cancel.
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mail2me_Ds
08-12 12:57 PM
Is USCIS following any pattern while approving I485 cases when the dates are current?.
logiclife
01-05 03:39 PM
ON this org. I am one of them. My PD is Sept 2004 and my labor is approved but I am on EB3 sitting and waiting for I-485 to open up for me. In fact, my guessestimate is that there might be more EB3s here than EB2s but that's something not important right now.
We are going to push for quota raise for all EB GCs, not just EB2 or EB1. Also, the biggest and most critical push is going to be for allowing people to apply for I-485 even during retrogression.
We are going to push for quota raise for all EB GCs, not just EB2 or EB1. Also, the biggest and most critical push is going to be for allowing people to apply for I-485 even during retrogression.
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CADude
10-03 05:46 PM
Some member are asking for TSC Fax#
TSC I485 Dept Fax# 214-962-2632, 214-962-5441
Good Luck.
TSC I485 Dept Fax# 214-962-2632, 214-962-5441
Good Luck.
more...
mpadapa
01-14 12:20 PM
It was satisfying experience to write a personal letter to the president.
Hope everyone can do the same. This is an opportunity for us to show our support. Everyone stand to benefit from these admin fixes.
Lets get everyone of our buddies (stuck in GC process) to write a letter to the President.
Hope everyone can do the same. This is an opportunity for us to show our support. Everyone stand to benefit from these admin fixes.
Lets get everyone of our buddies (stuck in GC process) to write a letter to the President.
nkavjs
09-25 02:29 PM
Good idea.. Can we come up with Joint signed E-letter with info and mail it to these guys doing nothing with our 2nd July applications.
They shd all be flown to Bermuda triangle (ony after they clear our pending applications)
They shd all be flown to Bermuda triangle (ony after they clear our pending applications)
more...
anura
04-07 09:56 AM
I do not remember the predictions of last year but the fact is , last year it jumped from Jan 2005 (in Feb/March) to May 2006 (in September). That definitely is a BIG movement.
You are absolutely right. More precisely, last year with a grant of >19000 visas EB2 India PD jumped an impressive ~450 days. This year's available visa is not definitely known but is for sure >9000 and may be as much as ~36000. Just keep those numbers in memory. And we wait on...
You are absolutely right. More precisely, last year with a grant of >19000 visas EB2 India PD jumped an impressive ~450 days. This year's available visa is not definitely known but is for sure >9000 and may be as much as ~36000. Just keep those numbers in memory. And we wait on...
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ondreaming
01-11 01:54 PM
This article on today�s Washington Times about the Boehner vs Blunt race to succeed the former House majority leader, gives some hints on both the people and the organizations pushing the inimmigration issues in the Congress: Immigration vote stirs concern about Boehner
http://washingtontimes.com/national/20060111-121934-8017r.htm
http://washingtontimes.com/national/20060111-121934-8017r.htm
more...
sss9i
09-27 06:26 PM
http://www.shusterman.com/cgi-bin/ex...px?docid=23415
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smaram1
08-18 09:33 AM
Anil....your prediction stands good...i also got approval emails exactly 2 weeks after assigning to IO...
13 year GC wait ends here ....just now got CPO....
13 year GC wait ends here ....just now got CPO....
more...
485Mbe4001
08-07 12:51 PM
The letter campaign resulted in 5000 odd letters from the entire EB community. This included efforts from some very hardworking IV people who did not spend time on the forums but went out and collected 100s of letters, one collected more than a thousand letters. So i am guessing that not more than 2000 EB folks got their collective butts to participate in the letter campaign.
if you expect EB2 I and the so call US educated (i am too, hence i can use 'so called') folks to stop chatting on the forums and send money and letters in the tens of thousands, then please tell me want you smoke --- i would like to inhale some of that magic too.
good luck towards your efforts. if you make it happen then, in all honesty, i would also like to nominate you to the core team, if you dont then i have a bridge in brooklyn that i want to sell.
Good for you...
People if you don't wake up now it will be too late. There are thousands of cases like this...
if you expect EB2 I and the so call US educated (i am too, hence i can use 'so called') folks to stop chatting on the forums and send money and letters in the tens of thousands, then please tell me want you smoke --- i would like to inhale some of that magic too.
good luck towards your efforts. if you make it happen then, in all honesty, i would also like to nominate you to the core team, if you dont then i have a bridge in brooklyn that i want to sell.
Good for you...
People if you don't wake up now it will be too late. There are thousands of cases like this...
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aadimanav
01-03 12:55 AM
Source:
http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=January&artYear=2008&EntryNo=7723
Delay In The Age Of Security - Employee Green Card Woes
Geoffrey Forney
WolfBlock
Geoffrey Forney is an Associate in WolfBlock's Employment Services Practice Group and is a member of the group's Immigration Services Team. Geoffrey handles all aspects of immigration and nationality law, including employment- and family-based immigration, removal (deportation) defense and asylum.
Many human resources representatives who handle immigration matters are well aware that dealing with the U.S. Citizenship and Immigration Services (USCIS) can be confusing and at times frustrating. The agency has volumes of regulations, policies, decisions and guidelines governing the admission and employment of foreign nationals. Understanding the agency's requirements can be an overwhelming task. In addition, the agency's decision process is often obscure, leaving employers and foreign nationals guessing about the procedures that affect them directly.
Added to the confusion is the baffling situation of the excessively long-delayed adjudication of green card and naturalization applications. Employers spend a lot of time and money to sponsor valued foreign national employees only to find that the last stage of the process (adjustment of status or "green" card) is bogged down within a quagmire of endless and seemingly unexplainable delay. Applicants for green cards can face delays up to seven years or more. From an HR perspective, the situation is frustrating: all of the employee's appropriate paperwork has been filed, but the USCIS simply refuses to act on the application. Employers and foreign nationals make inquires with the USCIS only to be told that their applications are being held up because of "security" issues.
What "security" issues? Many foreign nationals are upset by this response, because they know that they have never had any contacts with law enforcement. Just because a foreign national is caught in security clearance delays does not necessarily mean that the person has had problems with law enforcement authorities. In the vast majority of cases, it simply means that the foreign national's name matches in some way a name in an FBI administrative file. Only after the USCIS confirms that the foreign national is not the same individual who is listed in the FBI administrative file will the USCIS proceed with the adjudication of the green card or naturalization application. It sounds simple enough, so why does this process take so long?
Congress requires the USCIS to perform criminal background checks on foreign nationals applying to become permanent residents (green card holders) or naturalized citizens of the United States. In addition to the Congressionally mandated criminal background check, DHS performs two other background checks on foreign nationals applying for green cards or citizenship. The criminal background check is a relatively easy and fast check: the USCIS obtains a fingerprint impression from the foreign national and checks this fingerprint image against the FBI's Criminal Master File. This check is usually completed within 48 hours, as it is largely a computer automated system. The second type of check, the Interagency Border Inspection System (IBIS) check, is also very quick. The IBIS check is based on a database containing information from 26 different federal agencies that includes information on persons of "interest" to law enforcement. This check is usually completed immediately upon entering the foreign national's name into a computer database.
The problem arises with the third and final background check, known as the "name check." Although Congress does not require name checks, in 2002 legacy INS began requesting name checks for all green card and citizenship applications as part of its post-9/11 heightening of security. A "name check" is performed by taking every permutation of the foreign national's full name and comparing those various permutations against the FBI's "Universal Index," which references the FBI's Central Records System, a voluminous archive of administrative, personnel and investigative files. Of course, foreign nationals with common names will usually "match" an FBI file. In addition, a foreign national's name need not necessarily match a "main" file name, containing, for example, a suspect's name, but may match "reference" names, including informants and witnesses. Hence, the universe of possible matches is very large.
Although the FBI usually responds to a USCIS request for a name check within two weeks, if there is a "hit" or match between one or more permutations of the foreign national's name, a more extensive search must be completed. If a secondary search does not clear the foreign national's name, the USCIS requests a manual investigation of the relevant FBI case files. Since a "match" ultimately leads to a manual inspection of physical files. The process is time and labor intensive. One of the main reasons for the excessive delays in this arena is the lack of resources devoted to the manual inspection of files. To date, the USCIS and FBI currently have more than 340,000 cases in the name check backlog, according to the U.S. Citizenship and Immigration Services Ombudsman.
As a result, a foreign national stuck in the name check backlog can expect to wait a very long time - a matter of years - before expecting a final adjudication of his or her application for a green card or citizenship. In some cases, a final resolution never occurs. It is not unusual to find applicants with unresolved cases that are more than five years old.
Recently, the U.S. Citizenship and Immigration Services Ombudsman cited "name check" delays as a major problem for the agency in his 2007 annual report. The Ombudsman questioned the utility and effectiveness of the name check process, noting that "[n]ame check[s] are not conducted by the FBI as part of an ongoing investigation or from a need to learn more about an individual because of any threat or risk perceived by the FBI." Furthermore, the Ombudsman suggested that the name check program does not comply with DHS Secretary Chertoff's risk management modeling, because the cost of name checks far outweighs the purported national security benefit: "Considering the protection the FBI name check provides, the cost of government resources used, and mental and actual hardships to applicants and their families, USCIS should reassess the continuation of its policy to require FBI name checks in their current form." Notwithstanding the Ombudsman's criticism of the name check program, other high-level USCIS officials continue to support the process, so it appears that name checks will remain a part of green card and naturalization applications.
(Part 2 in the next post below)
http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=January&artYear=2008&EntryNo=7723
Delay In The Age Of Security - Employee Green Card Woes
Geoffrey Forney
WolfBlock
Geoffrey Forney is an Associate in WolfBlock's Employment Services Practice Group and is a member of the group's Immigration Services Team. Geoffrey handles all aspects of immigration and nationality law, including employment- and family-based immigration, removal (deportation) defense and asylum.
Many human resources representatives who handle immigration matters are well aware that dealing with the U.S. Citizenship and Immigration Services (USCIS) can be confusing and at times frustrating. The agency has volumes of regulations, policies, decisions and guidelines governing the admission and employment of foreign nationals. Understanding the agency's requirements can be an overwhelming task. In addition, the agency's decision process is often obscure, leaving employers and foreign nationals guessing about the procedures that affect them directly.
Added to the confusion is the baffling situation of the excessively long-delayed adjudication of green card and naturalization applications. Employers spend a lot of time and money to sponsor valued foreign national employees only to find that the last stage of the process (adjustment of status or "green" card) is bogged down within a quagmire of endless and seemingly unexplainable delay. Applicants for green cards can face delays up to seven years or more. From an HR perspective, the situation is frustrating: all of the employee's appropriate paperwork has been filed, but the USCIS simply refuses to act on the application. Employers and foreign nationals make inquires with the USCIS only to be told that their applications are being held up because of "security" issues.
What "security" issues? Many foreign nationals are upset by this response, because they know that they have never had any contacts with law enforcement. Just because a foreign national is caught in security clearance delays does not necessarily mean that the person has had problems with law enforcement authorities. In the vast majority of cases, it simply means that the foreign national's name matches in some way a name in an FBI administrative file. Only after the USCIS confirms that the foreign national is not the same individual who is listed in the FBI administrative file will the USCIS proceed with the adjudication of the green card or naturalization application. It sounds simple enough, so why does this process take so long?
Congress requires the USCIS to perform criminal background checks on foreign nationals applying to become permanent residents (green card holders) or naturalized citizens of the United States. In addition to the Congressionally mandated criminal background check, DHS performs two other background checks on foreign nationals applying for green cards or citizenship. The criminal background check is a relatively easy and fast check: the USCIS obtains a fingerprint impression from the foreign national and checks this fingerprint image against the FBI's Criminal Master File. This check is usually completed within 48 hours, as it is largely a computer automated system. The second type of check, the Interagency Border Inspection System (IBIS) check, is also very quick. The IBIS check is based on a database containing information from 26 different federal agencies that includes information on persons of "interest" to law enforcement. This check is usually completed immediately upon entering the foreign national's name into a computer database.
The problem arises with the third and final background check, known as the "name check." Although Congress does not require name checks, in 2002 legacy INS began requesting name checks for all green card and citizenship applications as part of its post-9/11 heightening of security. A "name check" is performed by taking every permutation of the foreign national's full name and comparing those various permutations against the FBI's "Universal Index," which references the FBI's Central Records System, a voluminous archive of administrative, personnel and investigative files. Of course, foreign nationals with common names will usually "match" an FBI file. In addition, a foreign national's name need not necessarily match a "main" file name, containing, for example, a suspect's name, but may match "reference" names, including informants and witnesses. Hence, the universe of possible matches is very large.
Although the FBI usually responds to a USCIS request for a name check within two weeks, if there is a "hit" or match between one or more permutations of the foreign national's name, a more extensive search must be completed. If a secondary search does not clear the foreign national's name, the USCIS requests a manual investigation of the relevant FBI case files. Since a "match" ultimately leads to a manual inspection of physical files. The process is time and labor intensive. One of the main reasons for the excessive delays in this arena is the lack of resources devoted to the manual inspection of files. To date, the USCIS and FBI currently have more than 340,000 cases in the name check backlog, according to the U.S. Citizenship and Immigration Services Ombudsman.
As a result, a foreign national stuck in the name check backlog can expect to wait a very long time - a matter of years - before expecting a final adjudication of his or her application for a green card or citizenship. In some cases, a final resolution never occurs. It is not unusual to find applicants with unresolved cases that are more than five years old.
Recently, the U.S. Citizenship and Immigration Services Ombudsman cited "name check" delays as a major problem for the agency in his 2007 annual report. The Ombudsman questioned the utility and effectiveness of the name check process, noting that "[n]ame check[s] are not conducted by the FBI as part of an ongoing investigation or from a need to learn more about an individual because of any threat or risk perceived by the FBI." Furthermore, the Ombudsman suggested that the name check program does not comply with DHS Secretary Chertoff's risk management modeling, because the cost of name checks far outweighs the purported national security benefit: "Considering the protection the FBI name check provides, the cost of government resources used, and mental and actual hardships to applicants and their families, USCIS should reassess the continuation of its policy to require FBI name checks in their current form." Notwithstanding the Ombudsman's criticism of the name check program, other high-level USCIS officials continue to support the process, so it appears that name checks will remain a part of green card and naturalization applications.
(Part 2 in the next post below)
more...
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jayleno
10-29 10:37 AM
None of the memos have stated that AC 21 can be used only in the case of lay offs. It could be a case of USCIS covering up a mistake they did. With the severe retrogression and impending recession there could be several reasons an employee will leave the employer.
One of the iv member, has stated that the I485 has been denied for his friend, upon withdrawl of 140 by his ex-employer. His ex-employer has informed USCIS, that the employee left the job on his own. Also, he quoted that "USCIS denied I485 because, ac21 can be used in case of layoffs only , not switching for jobs"
In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
thanks,
aps
One of the iv member, has stated that the I485 has been denied for his friend, upon withdrawl of 140 by his ex-employer. His ex-employer has informed USCIS, that the employee left the job on his own. Also, he quoted that "USCIS denied I485 because, ac21 can be used in case of layoffs only , not switching for jobs"
In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
thanks,
aps
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eb3_nepa
07-10 10:44 AM
I still think, the USA is the best place for democracy loving people. Govt and its agencies try their best to be accountable to law. Now if you want our Immigration issue to be put before IRAQ in the Congress, I would think that is selfishness. I have colleagues whose sons are in IRAQ. For me their lives are more important than my GC. Now that does not mean we stop making our point to Congress.
Vinabath i do NOT expect the nation to put Legal Immigration before the IRAQ WAR. Ofcourse I do not expect that. What I am trying to point out is that this is going to be a LONG LONG ongoing issue and if not the war, there will be OTHER issues like the presedential elections etc.
On another note, the US is a capitalistic economy. If you are not selfish, ur a nice guy and nice guys finish LAST.
Vinabath i do NOT expect the nation to put Legal Immigration before the IRAQ WAR. Ofcourse I do not expect that. What I am trying to point out is that this is going to be a LONG LONG ongoing issue and if not the war, there will be OTHER issues like the presedential elections etc.
On another note, the US is a capitalistic economy. If you are not selfish, ur a nice guy and nice guys finish LAST.
more...
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desi3933
08-21 09:52 PM
03 is my pd..not approval date..mine was bec'ed.yes from about 01..
Thanks for the clarification.
If your PD is 2003, then you are waiting for 5 years, not for decade. Just FYI, saying decade (instead of 5 years) is material misrepresentation.
Good Luck.
Thanks for the clarification.
If your PD is 2003, then you are waiting for 5 years, not for decade. Just FYI, saying decade (instead of 5 years) is material misrepresentation.
Good Luck.
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rajuram
05-27 10:33 AM
What is non immigrant visa number (page 2 of 485 form)?
more...
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as_rudra
01-22 08:19 AM
I have verified that with my attorney. The officer should not have asked you to enter on AP. You could have entered on H1 or AP and it was up to you. This is a good example of the fact that some immigration officers do not know the rules well. If your H1 is still good, you can leave and re-enter showing H1 and you should be fine.
G
Thats correct. I came back from India yesterday and i used H1 but my wife used her AP to enter at the POE.
G
Thats correct. I came back from India yesterday and i used H1 but my wife used her AP to enter at the POE.
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eb_retrogession
02-09 02:45 PM
Guest-worker program on Bush radar
By Mike Madden
The Arizona Republic (Phoenix), February 6, 2006
http://www.azcentral.com/news/articles/0206gop-immigration0206.html
By Mike Madden
The Arizona Republic (Phoenix), February 6, 2006
http://www.azcentral.com/news/articles/0206gop-immigration0206.html
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asanghi
07-09 08:22 PM
Why is everybody so happy? He has just briefly and curtly informed in the message that flowers will be forwarded. They won't be sitting on my desk and embarrasing me. There is no acknowledgement of the issue or any empathy or compassion with the sufferers. Now even the press coverage will make USCIS director look good. I don't see what's the positive development here.
waitnwatch
08-21 12:46 PM
If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.
We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law om their own as and when needed and raise their awareness.
You are right about members working on understanding the law in this forum and thrashing out arguments to make them fool proof. Instead I find people getting incensed at each other and creating a destructive environment instead of a constructive one.
As far as immigration lawyers go - they have no incentive to file a lawsuit to get a correct interpretation as they donot stand to gain whatever way the law is interpreted. Also while there definitely are a few smart immigration lawyers- the run of the mill ones are no better than paralegals. I'm not sure I should be saying the above but my experience points to that.
We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law om their own as and when needed and raise their awareness.
You are right about members working on understanding the law in this forum and thrashing out arguments to make them fool proof. Instead I find people getting incensed at each other and creating a destructive environment instead of a constructive one.
As far as immigration lawyers go - they have no incentive to file a lawsuit to get a correct interpretation as they donot stand to gain whatever way the law is interpreted. Also while there definitely are a few smart immigration lawyers- the run of the mill ones are no better than paralegals. I'm not sure I should be saying the above but my experience points to that.
gc_on_demand
09-15 12:37 PM
Hi Junglee, when is HR5882 scheduled again?
Is it tomorrow or on 18th?
Thanks.
It is schedule for this week . Also as per NumberUSA (which was true in term of scheduling couple times in past ) Senate is doing some back door prep for S 3114. I think we have good chance before end of this month to get this thing done.
Let call and let them know our concern.. Please keep calling and ask your spouses (if married ) to call ..
Is it tomorrow or on 18th?
Thanks.
It is schedule for this week . Also as per NumberUSA (which was true in term of scheduling couple times in past ) Senate is doing some back door prep for S 3114. I think we have good chance before end of this month to get this thing done.
Let call and let them know our concern.. Please keep calling and ask your spouses (if married ) to call ..
