sroyc
08-07 11:23 AM
As I've mentioned in Rolling_Flood's thread, this issue has some merit and needs to be discussed. My personal take on this is that if you were eligible for an EB2 position at the time of filing the EB3 petition, you should be allowed to interfile.
I'm probably not going to participate in the lawsuit because I don't want to divide an already weakened community. Neither will I try to stop it because I think it raises some valid questions.
I personally think that IV needs to make some changes and the first step would be to stop quoting figures like "we have 25K members" when the reality is that hardly 200 people participate in the call campaigns and it was due to random strangers that we were able to collect 5000 signatures for the administrative fixes. Most people come to IV to get some easy answers or to pass time by playing some games like the visa bulletin predictions game or the identify the TSC approval pattern game, etc. Only the core is working relentlessly for us besides a handful of volunteers. I think that there are enough agony aunts for immigration issues and IV should be exclusively for immigration related lobbying and legislation. It's the only way we can get rid of the 25K - 200 people who do nothing and then focus on the real issues.
I'm probably not going to participate in the lawsuit because I don't want to divide an already weakened community. Neither will I try to stop it because I think it raises some valid questions.
I personally think that IV needs to make some changes and the first step would be to stop quoting figures like "we have 25K members" when the reality is that hardly 200 people participate in the call campaigns and it was due to random strangers that we were able to collect 5000 signatures for the administrative fixes. Most people come to IV to get some easy answers or to pass time by playing some games like the visa bulletin predictions game or the identify the TSC approval pattern game, etc. Only the core is working relentlessly for us besides a handful of volunteers. I think that there are enough agony aunts for immigration issues and IV should be exclusively for immigration related lobbying and legislation. It's the only way we can get rid of the 25K - 200 people who do nothing and then focus on the real issues.
wallpaper |Videos choc cameron diaz|,
pappu
01-12 10:27 AM
Hello Pappu,
I feel we should have some banners up in different Indian stores, specially targeting some selfish EAD holders, who already feel they got their green cards irrespective of the current visa bulletin
1. Setting up banners will not only attract new members, but will make these EAD holders think from a rational perspective.
2.Also IV administration should send out a personal email to all it members, informing them about the importance of coming together, this way the EAD members who have stopped coming to IV will get the message.
3. We should contact the Indian newspaper editors, to print about our rally on March1st 2009, I believe more awareness we spread a better result we get.
Thank you
Some ideas are good. In order to implement them, we need support from members. Pls volunteer and take up the ideas to lead them. For example I have mentioned about poster and banner campaign. If each one of us, prints them and post them in various places, we can get good publicity.
We have to make do with such low cost volunteer work. Someone pointed out that we should contact newspapers and get articles published. Wish it was so easy. We have written tons of mails but that alone does not work. You need to issue press releases and publish them online. Publishing them each online costs a couple hundred dollars by publishing services who distribute, and there is no guarantee it will be picked up. Thus you need a focussed campaign for it. There are services where you can contact reporters and media on a specific topic and send them email, press release directly. If they are already writing article you can know the deadline. If you have an idea, you can pitch a story idea to the reporter directly. A good service I know costs 5K for non profits for one year. If you need access to International reporters database add 2k to it. All this is possible only if we have these kinds of resources. When we can hardly get contributions of 5k in 4 months after collecting $5 each, it is tough to plan a big media campaign. The reason why other big organizations and big anti immigrant orgs can get so much publicity is that they probably can spend their huge resources on such services. They can also afford a full time staff. We do not have all that and run IV along with our full time day time jobs. So the first thing we need to do before we run any campaign is to get more members and more contributions and monthly signups. Without that ideas may only remain on the forums.
I feel we should have some banners up in different Indian stores, specially targeting some selfish EAD holders, who already feel they got their green cards irrespective of the current visa bulletin
1. Setting up banners will not only attract new members, but will make these EAD holders think from a rational perspective.
2.Also IV administration should send out a personal email to all it members, informing them about the importance of coming together, this way the EAD members who have stopped coming to IV will get the message.
3. We should contact the Indian newspaper editors, to print about our rally on March1st 2009, I believe more awareness we spread a better result we get.
Thank you
Some ideas are good. In order to implement them, we need support from members. Pls volunteer and take up the ideas to lead them. For example I have mentioned about poster and banner campaign. If each one of us, prints them and post them in various places, we can get good publicity.
We have to make do with such low cost volunteer work. Someone pointed out that we should contact newspapers and get articles published. Wish it was so easy. We have written tons of mails but that alone does not work. You need to issue press releases and publish them online. Publishing them each online costs a couple hundred dollars by publishing services who distribute, and there is no guarantee it will be picked up. Thus you need a focussed campaign for it. There are services where you can contact reporters and media on a specific topic and send them email, press release directly. If they are already writing article you can know the deadline. If you have an idea, you can pitch a story idea to the reporter directly. A good service I know costs 5K for non profits for one year. If you need access to International reporters database add 2k to it. All this is possible only if we have these kinds of resources. When we can hardly get contributions of 5k in 4 months after collecting $5 each, it is tough to plan a big media campaign. The reason why other big organizations and big anti immigrant orgs can get so much publicity is that they probably can spend their huge resources on such services. They can also afford a full time staff. We do not have all that and run IV along with our full time day time jobs. So the first thing we need to do before we run any campaign is to get more members and more contributions and monthly signups. Without that ideas may only remain on the forums.
h1b_forever
09-14 08:28 AM
:(
2011 Cameron Diaz, Rumer Willis
desi3933
08-21 04:33 PM
I am thinking a Flower Campign to Sen Lofgren??..what do you guys think..
""Forget Me not ..I am EB-3 India (Highly skilled) waiting a decade for my Green Card"..Please pass the Visa recapture bill! ""
As per your profile
Labor Approval Date: 04/21/2003 I140 Mailed Date: 05/05/2007
May I ask you the reason for 4 year gap for I-140 filing? Are you using Labor Substitution?
One more -
Since you are waiting for decade, I assume your PD is 1998 or 1999. Is that correct?
""Forget Me not ..I am EB-3 India (Highly skilled) waiting a decade for my Green Card"..Please pass the Visa recapture bill! ""
As per your profile
Labor Approval Date: 04/21/2003 I140 Mailed Date: 05/05/2007
May I ask you the reason for 4 year gap for I-140 filing? Are you using Labor Substitution?
One more -
Since you are waiting for decade, I assume your PD is 1998 or 1999. Is that correct?
more...
ujjwal_p
09-24 05:47 PM
Also, take a point to note that after August 2007, the overall volume has decreased drastically. Economy was good from Sept. 2007 to Aug. 2008, but still countries who were current, did not file as amany EB1s and EB2s compared to previous years.
Also, another point to note is that government came out with this data at this moment, because this will instill a ray of hope in every EB individual on their future prospects due to reduced filing from Sept. 2008 onwards.
If, the government came out with the same data, one year back, we would be VERY depresssed, won't we?
So, there is a ray of light at the end of the tunnel.
I think one common mistake that is being made everywhere on this board since the USCIS data got out is to make assumptions on demand. We are only being shown data which shows pending applications from USCIS. If USCIS releases data of how much demand by priority date they were getting then its a different thing. When you say , Economy was good from Sept. 2007 to Aug. 2008, but still countries who were current, did not file as amany EB1s and EB2s compared to previous years. are you basing that on this data released by USCIS or on something else. Because if you are then you are probably wrong. This data only tells you pending data as of Aug 2009 by priority dates. It could well be the case that USCIS got a lot of volume from Sep 2007 to Aug 2008 and processed them all and hence pending is less now. Hope you understand. The only way you can do it with some degree of success with current public data is by looking at PERM Filing data.
Also, another point to note is that government came out with this data at this moment, because this will instill a ray of hope in every EB individual on their future prospects due to reduced filing from Sept. 2008 onwards.
If, the government came out with the same data, one year back, we would be VERY depresssed, won't we?
So, there is a ray of light at the end of the tunnel.
I think one common mistake that is being made everywhere on this board since the USCIS data got out is to make assumptions on demand. We are only being shown data which shows pending applications from USCIS. If USCIS releases data of how much demand by priority date they were getting then its a different thing. When you say , Economy was good from Sept. 2007 to Aug. 2008, but still countries who were current, did not file as amany EB1s and EB2s compared to previous years. are you basing that on this data released by USCIS or on something else. Because if you are then you are probably wrong. This data only tells you pending data as of Aug 2009 by priority dates. It could well be the case that USCIS got a lot of volume from Sep 2007 to Aug 2008 and processed them all and hence pending is less now. Hope you understand. The only way you can do it with some degree of success with current public data is by looking at PERM Filing data.
knacath
01-03 01:19 PM
I have an appointment at Chennai on Jan 10th. After hearing about this development, I have decided to cancel my interview and use AP instead
I have decided to use AP and have cancelled my appt in Chennai.
I have decided to use AP and have cancelled my appt in Chennai.
more...
GCBy3000
06-18 02:44 PM
When you started the process, you might have authorized your attoreny to represent you. I am not sure what the form you signed, but it should be similar to G28. Revoke this authrorization in writing with anothor from( Dunno what itis called)
Otherwise, he could revoke your 140 or labor etc as he represents on your behalf. I read this somewhere.
I doubt that the lawyer would purposely hurt a former client. Its not just unethical, its really malpractice. And its not like lawyers done get fired and they cant handle getting fired.
However, please do make sure that you have all documents that you need to do your own 485 filing. If there are some documents like 140 approval or other stuff that only he has, then you will have to get it out of him, which he just might delay (a little) in case if he is an absolute nut job.
For me, I dont care what the lawyer thinks of immigrants as long as the job is done in a TIMELY manner without mistakes. If he hates immigrants and votes for Jeff Sessions, I dont care about it. All I want is TIMELINESS and ERROR FREE job. After that, he can hate anyone he wants and stick pins in voodoo dolls of immigrants.
Otherwise, he could revoke your 140 or labor etc as he represents on your behalf. I read this somewhere.
I doubt that the lawyer would purposely hurt a former client. Its not just unethical, its really malpractice. And its not like lawyers done get fired and they cant handle getting fired.
However, please do make sure that you have all documents that you need to do your own 485 filing. If there are some documents like 140 approval or other stuff that only he has, then you will have to get it out of him, which he just might delay (a little) in case if he is an absolute nut job.
For me, I dont care what the lawyer thinks of immigrants as long as the job is done in a TIMELY manner without mistakes. If he hates immigrants and votes for Jeff Sessions, I dont care about it. All I want is TIMELINESS and ERROR FREE job. After that, he can hate anyone he wants and stick pins in voodoo dolls of immigrants.
2010 Cameron Diaz at the MTV Movie
jkays94
06-21 07:04 PM
I got fired last April. I had my I-140 approved. Employer HR told me will not withdraw I-140 but cannot give me employer letter. How should I proceed with filing I-485? Please help.
Thanks
I have seen some posts that suggest using paystubs but this is tricky for you since you won't have anything recent since last April. One gamble would be to file and hope you get an RFE after 6 months when you can get a letter from a new employer ie AC21. However USCIS is warning that they will reject applications if the 'initial evidence' is missing. Do you have a new LC? If so, you could file I-140 premium processing and keep your original PD. Is your former employer willing to re-employ you in the future (assuming your job loss was related to the employer's financial issues) ?? You likely will need a lawyer to work around the hurdles you are facing.
Thanks
I have seen some posts that suggest using paystubs but this is tricky for you since you won't have anything recent since last April. One gamble would be to file and hope you get an RFE after 6 months when you can get a letter from a new employer ie AC21. However USCIS is warning that they will reject applications if the 'initial evidence' is missing. Do you have a new LC? If so, you could file I-140 premium processing and keep your original PD. Is your former employer willing to re-employ you in the future (assuming your job loss was related to the employer's financial issues) ?? You likely will need a lawyer to work around the hurdles you are facing.
more...
snathan
03-29 02:59 PM
Most makes sense but I don't think any candidates wait for their companies to file for EB1. EB1s can be filed by the candidates themselves. Right? All in all, if this happens, it will be good news for atleast a couple of 1000 EB2-I. :D
EB1A/EB1B does not need but EB1C needs employer and was exploited by the Indian companies to the max. possible extend for the so called global managers
EB1A/EB1B does not need but EB1C needs employer and was exploited by the Indian companies to the max. possible extend for the so called global managers
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anda007
07-10 08:41 PM
This one needs membership etc. to read the article. But you can see the headline and be happy that we have been covered
http://uspolitics.einnews.com/news/uscis
http://uspolitics.einnews.com/news/uscis
more...
mhathi
09-09 12:00 PM
Add Zoe Lofgren (D-Calif.)202- 225-3072 in NOT TO CALL LIST
Thanks, I edited my OP
Thanks, I edited my OP
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GCwaitforever
03-26 11:05 AM
Always complain, even if there is no hard proof. The companies may not tell you on your face that they do not hire EADs. But the hiring manager or recruiter must be acting on a policy made elsewhere in the company, directed by some higher-up officials. It will be written somewhere. In that case, OSC can ask for archived e-mails, and phone conversations for a record of discrimination. If discrimination is proved, company is liable for fines, and the higher-up official is sacked. If there is no official communication, the company can claim that the hiring manager or recruiter is acting on his/her own and it is not the company policy. Then the hiring manager or recruiter is fired and the company pledges to enforce the rules strictly. Always a positive outcome for us.
Complain to EEOC also in addition to OSC. Double the pressure on the erring company and you would see quick results.
Complain to EEOC also in addition to OSC. Double the pressure on the erring company and you would see quick results.
more...
house Tom Cruise amp; Cameron Diaz Film
jonty_11
06-21 01:40 PM
MAN !!! this is confusing ...
-- Sheela Murthy says not to apply multiple I 485
-- Rajiv Khanna says you should apply
-- My attorney says .. it is my call....
-- some guys tell me ... apply independently and then join the one that is reaching towards completion..
and I am confused and frustrated........
but really .. what should a man do ??? I will kneel down and ask god .. I will let you guys know what he has to say ..... :(
Come what may....ultimately it is indeed ur decision or God's....
I think this forum has laid all options with their pros and cons on teh table for you....
-- Sheela Murthy says not to apply multiple I 485
-- Rajiv Khanna says you should apply
-- My attorney says .. it is my call....
-- some guys tell me ... apply independently and then join the one that is reaching towards completion..
and I am confused and frustrated........
but really .. what should a man do ??? I will kneel down and ask god .. I will let you guys know what he has to say ..... :(
Come what may....ultimately it is indeed ur decision or God's....
I think this forum has laid all options with their pros and cons on teh table for you....
tattoo Cameron Diaz, 2009
485Mbe4001
09-29 07:55 PM
its ok, you misunderstood my point. I dont want to divert OP of this thread.
Anyways the fact of the matter is that we are in a limbo, all indications point to Obama becoming the next president of US. if CIR 2008 was any indication , we as EB applicants are royally screwed if Sen Durbin dictates his immigration policy. What is the use of talking about wars and innocent people when chances are that the advocate of his immigration policy is opposed to my main issue of EB reform. high low Taxes, 401k's, houses, Medicare etc will matter if you get to stay here in the first place. A average 6-9 years of paying taxes, supporting medicare and Social Security and we now need to think about moving to different countries where skilled immigrants are welcome....think about it. Just look at the CIR 2008 discussion to understand what i am talking about. Read the senators transcripts.
Anyways the fact of the matter is that we are in a limbo, all indications point to Obama becoming the next president of US. if CIR 2008 was any indication , we as EB applicants are royally screwed if Sen Durbin dictates his immigration policy. What is the use of talking about wars and innocent people when chances are that the advocate of his immigration policy is opposed to my main issue of EB reform. high low Taxes, 401k's, houses, Medicare etc will matter if you get to stay here in the first place. A average 6-9 years of paying taxes, supporting medicare and Social Security and we now need to think about moving to different countries where skilled immigrants are welcome....think about it. Just look at the CIR 2008 discussion to understand what i am talking about. Read the senators transcripts.
more...
pictures cameron diaz movies. Diaz
gsc999
09-09 04:54 PM
Good to see you back.
Thanks to all who already called. Lets keep this going.
Its a great satisfaction after you conveyed the concern for a large community
Half Million people, families effected ...
Please call all Numbers except co-sponsors ...
Find people And ask everyone else also to call ...
PS: Got your VM. inadvertantly, I lost your phone number, couldn't call back
Thanks to all who already called. Lets keep this going.
Its a great satisfaction after you conveyed the concern for a large community
Half Million people, families effected ...
Please call all Numbers except co-sponsors ...
Find people And ask everyone else also to call ...
PS: Got your VM. inadvertantly, I lost your phone number, couldn't call back
dresses Cameron Diaz, Jason Patric
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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drona
07-11 02:32 PM
I'd be surprised if Arnie is anti-immigration considering he is an immigrant himself.
girlfriend cameron diaz movies list.
alisa
06-21 03:10 PM
In 2004, a friend moved within the same Multinational company (A) from one business (A1) to another (A2). The HR department did not apply for an H1 transfer assuming that one was not needed, and the friend worked for a few months before the business A2 was sold off, and the new company realized the mistake, and filed for her H1 transfer, which was approved. The new company then filed for her labor and got her I-140 approved.
Can the friend now file for AOS? Was the period that she worked for A2 'unauthorized'? Does that preclude her from adjusting her status now?
I am guessing that a lot of employers/people might have made similar mistakes through no faults of their own. Whats the solution here?
Can the friend now file for AOS? Was the period that she worked for A2 'unauthorized'? Does that preclude her from adjusting her status now?
I am guessing that a lot of employers/people might have made similar mistakes through no faults of their own. Whats the solution here?
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willIWill
03-30 04:50 PM
This is good news indeed !
12,000 extra visas available to EB2 at the end of second Fisc qtr would be excellent !!
Worst case I think they'll have to match EB2 India with the EB2 China date before they take it even further in the coming months for the both the countries.
12,000 extra visas available to EB2 at the end of second Fisc qtr would be excellent !!
Worst case I think they'll have to match EB2 India with the EB2 China date before they take it even further in the coming months for the both the countries.
Canadian_Dream
06-21 10:34 PM
If possible clarify the following from lawyer:
What are the negative affects of multiple I-485 on your adjustment of status? [Delay, Interview, RFE, Other ?]
Does filling two I-485 (AOS) is considered as willful violation or fraud?
Does filling two I-485 on two different I-140 (for different positions) could lead to revocation due to fraud?
What are the negative affects of multiple I-485 on your adjustment of status? [Delay, Interview, RFE, Other ?]
Does filling two I-485 (AOS) is considered as willful violation or fraud?
Does filling two I-485 on two different I-140 (for different positions) could lead to revocation due to fraud?
Green.Tech
09-16 11:26 AM
Each and every call makes a difference!
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