newtoearth
06-16 03:29 PM
Of course, person on L1 status can work at client site as long as he/she is directly managed by company that has sponsored L1 visa. They can not be directly managed by client. That is the restriction. Have you even read posts in this thread?
FYI, there will be a manager from TCS/WIPRO/IBM side to whom all these L1s will be reporting... This shows your poor understanding of how an Indian company is being operated...
They will "work" with client MGRs but report to employer MGR....:D
FYI, there will be a manager from TCS/WIPRO/IBM side to whom all these L1s will be reporting... This shows your poor understanding of how an Indian company is being operated...
They will "work" with client MGRs but report to employer MGR....:D
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meghanap2000
10-20 12:32 PM
Well..congratulations indeed. After you interview, did you do open a SR, take InfoPass or talk to IO on phone about your case status?
We are still waiting here and wondering what can we do to nudge the process.
Hi,
This info is for the cases who had the interview local USCIS offices where they live.
After interview ,pls take info pass for every 2 or 3 weeks and when you meet infopass officer, please fill up one yellow form (this form used to send any request to any other department who handled 485 cases.) to adjudicate your case.Make sure you give your i-485 copies and i-140 copies, You can write at least 5 or 6 sentences at the end of the yellow form to supervisor epalining when u r intervew is completed ,,u r PD is current etc etc.
The way it works like this :
The dept that takes care i-485 interviews is different from the dept infopass officers in local office.Even though they are in same office, the only way infopass officers can send request the 485 dept is using the yellow form..Pls request for it. Then most of the times info pass officer fils up the form and you will add any additional info at the end of the form. Then infopass officer will send the form to 485 dept supervisor.Supervisor will see the yellow form..if you are lucky he/she wil take action imediatly..otherwise go again after 2 weeks..Request the info pass officer twice or thrice..
This helped me...
We are still waiting here and wondering what can we do to nudge the process.
Hi,
This info is for the cases who had the interview local USCIS offices where they live.
After interview ,pls take info pass for every 2 or 3 weeks and when you meet infopass officer, please fill up one yellow form (this form used to send any request to any other department who handled 485 cases.) to adjudicate your case.Make sure you give your i-485 copies and i-140 copies, You can write at least 5 or 6 sentences at the end of the yellow form to supervisor epalining when u r intervew is completed ,,u r PD is current etc etc.
The way it works like this :
The dept that takes care i-485 interviews is different from the dept infopass officers in local office.Even though they are in same office, the only way infopass officers can send request the 485 dept is using the yellow form..Pls request for it. Then most of the times info pass officer fils up the form and you will add any additional info at the end of the form. Then infopass officer will send the form to 485 dept supervisor.Supervisor will see the yellow form..if you are lucky he/she wil take action imediatly..otherwise go again after 2 weeks..Request the info pass officer twice or thrice..
This helped me...
puddonhead
10-09 03:22 PM
Yeah, am using a cordless phone. I dont remember but even with corded phone I guess I had this issue. And the cordless phone is DECT 6 phone which shouldn't interfere with the wireless connection that is at a different frequency.
And what alternatives do you feel could solve this problem?
If you are using a cordless phone - use 5.8 GHz. The lower frequencies interfare with other wireless devices.
TryThis deal starting from Oct 11th (http://www.fatwallet.com/forums/hot-deals/957955), or maybe this one if you are lucky (http://www.fatwallet.com/forums/hot-deals/957963/)...
And what alternatives do you feel could solve this problem?
If you are using a cordless phone - use 5.8 GHz. The lower frequencies interfare with other wireless devices.
TryThis deal starting from Oct 11th (http://www.fatwallet.com/forums/hot-deals/957955), or maybe this one if you are lucky (http://www.fatwallet.com/forums/hot-deals/957963/)...
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hope_4_best
05-26 06:23 PM
Hi Friends,
I am in the process of filling I-485 form and got the following question, can you please help?
My stamped visa expired 1 year back and I am currently with H1B approval notice. In the 2nd page of I-485 form, under Part 3. Processing Information, I am wondering what I need to fill for the following columns.
1. Nonimmigrant visa number: Is this the EAC number of my current I797 or the visa number from my expired visa?. If it is from the expired visa, there are multiple numbers in the visa stamp, which one is the visa number?
2.Consulate where visa was issued: Is it the name of the consulate issued my last visa or Department?
3.Date visa isssued: Is this is the date of last visa issued or the approval date of my current I797
Thanks advance for all your valuable suggestions.
I am in the process of filling I-485 form and got the following question, can you please help?
My stamped visa expired 1 year back and I am currently with H1B approval notice. In the 2nd page of I-485 form, under Part 3. Processing Information, I am wondering what I need to fill for the following columns.
1. Nonimmigrant visa number: Is this the EAC number of my current I797 or the visa number from my expired visa?. If it is from the expired visa, there are multiple numbers in the visa stamp, which one is the visa number?
2.Consulate where visa was issued: Is it the name of the consulate issued my last visa or Department?
3.Date visa isssued: Is this is the date of last visa issued or the approval date of my current I797
Thanks advance for all your valuable suggestions.
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Saralayar
04-09 02:08 PM
Well it is their country. We are serving through our volition.
We have an expectation, but in a free market it is demand and supply.
i am Not trying to be negative - just a reality check on where we stand and how we can approach.
It is a fact that immigration from Asia shot up at the turn of the millennium. This may look disproportionate to proponents of diversity.
Now 1/6th of the world population comes from one country. But the quota for Iceland and India remains the same.
Consequently many like us cannot: change employers, give up opportunities (lure of which we came here for) and wait for the same outcome that others achieve much faster, simply because they were born somewhere else or their employers & lawyer decided their immigration category. So much for free country and meritocracy.
i believe our main point should be a level playing field and transparent
system so that expectations are clear.
For those of us who have suffered due to lack of clarity, for all fairness, must lobby for a chance to parity after multiple (say 10) years of serving LEGALLY.
^^^Bump^^^
We have an expectation, but in a free market it is demand and supply.
i am Not trying to be negative - just a reality check on where we stand and how we can approach.
It is a fact that immigration from Asia shot up at the turn of the millennium. This may look disproportionate to proponents of diversity.
Now 1/6th of the world population comes from one country. But the quota for Iceland and India remains the same.
Consequently many like us cannot: change employers, give up opportunities (lure of which we came here for) and wait for the same outcome that others achieve much faster, simply because they were born somewhere else or their employers & lawyer decided their immigration category. So much for free country and meritocracy.
i believe our main point should be a level playing field and transparent
system so that expectations are clear.
For those of us who have suffered due to lack of clarity, for all fairness, must lobby for a chance to parity after multiple (say 10) years of serving LEGALLY.
^^^Bump^^^
drona
07-11 01:30 AM
Posted on Khabrein.info and NewsPost India
'Gandhigiri' by Indian green card seekers in US by Arun Kumar
Washington, July 11 (IANS) In an eloquent display of 'Gandhigiri', unhappy Indian green card seekers sent hundreds of flowers to the US immigration agency to protest a last minute reversal in policy that would impede their way to permanent residency.
Inspired by the hit Hindi movie "Lage Raho Munnabhai" that extolled Gandhian ways of non-violent protest, the green card applicants plan to send around a thousand flower deliveries to US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez in a three-day campaign that started Tuesday.
The protest followed the abrupt reversal last week of a June announcement offering expedited processing of green card petitions for thousands of skilled foreign professionals working under H1-B visas - reserved for skilled workers in computing, engineering and other special professions.
Thousands of such visa holders scrambled and spent money on lawyers and medical exams to beat the July 1 deadline for green card applications. The abrupt change sent them back to the queue for 2008.
Besides India, skilled workers from China, Poland and many other countries will now have to spend more time and money to get the coveted green cards - a halfway house to US citizenship.
"The idea is to push them to honour their earlier notification," said Aman Kapoor, founder of Immigration Voice, a forum that inspired the unusual protest.
Indians are the worst hit by country quota caps for immigration visas, which treat a billion strong India, boasting a highly skilled workforce, on par with a country like Trinidad and Tobago of one million souls, he said.
On its part, the USCIS response was equally pacific. It plans to forward the flowers to Walter Reed Army Medical Centre and Bethesda Naval Hospital in Washington, the main facilities treating US soldiers wounded in Iraq and Afghanistan, said Gonzales in a statement on the agency website.
http://www.khabrein.info/index.php?option=com_content&task=view&id=2103&Itemid=88
http://newspostindia.com/report-6897
'Gandhigiri' by Indian green card seekers in US by Arun Kumar
Washington, July 11 (IANS) In an eloquent display of 'Gandhigiri', unhappy Indian green card seekers sent hundreds of flowers to the US immigration agency to protest a last minute reversal in policy that would impede their way to permanent residency.
Inspired by the hit Hindi movie "Lage Raho Munnabhai" that extolled Gandhian ways of non-violent protest, the green card applicants plan to send around a thousand flower deliveries to US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez in a three-day campaign that started Tuesday.
The protest followed the abrupt reversal last week of a June announcement offering expedited processing of green card petitions for thousands of skilled foreign professionals working under H1-B visas - reserved for skilled workers in computing, engineering and other special professions.
Thousands of such visa holders scrambled and spent money on lawyers and medical exams to beat the July 1 deadline for green card applications. The abrupt change sent them back to the queue for 2008.
Besides India, skilled workers from China, Poland and many other countries will now have to spend more time and money to get the coveted green cards - a halfway house to US citizenship.
"The idea is to push them to honour their earlier notification," said Aman Kapoor, founder of Immigration Voice, a forum that inspired the unusual protest.
Indians are the worst hit by country quota caps for immigration visas, which treat a billion strong India, boasting a highly skilled workforce, on par with a country like Trinidad and Tobago of one million souls, he said.
On its part, the USCIS response was equally pacific. It plans to forward the flowers to Walter Reed Army Medical Centre and Bethesda Naval Hospital in Washington, the main facilities treating US soldiers wounded in Iraq and Afghanistan, said Gonzales in a statement on the agency website.
http://www.khabrein.info/index.php?option=com_content&task=view&id=2103&Itemid=88
http://newspostindia.com/report-6897
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mrsr
06-21 11:25 PM
In form G325A and 765 there is a question which ask all other name used , what should we write as our name is same as we have written in first and last name ( my maiden name and name after marriage is same )
also if there is no middle name should we leave the space blank or write N/A
in 485 in the Address C/O what should we write
please reply
also if there is no middle name should we leave the space blank or write N/A
in 485 in the Address C/O what should we write
please reply
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STAmisha
06-29 03:42 PM
i hOPE IT IS JUST A RUMORR
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Alabaman
01-05 10:20 AM
Hello every one,
1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
2. If they have earned full 40 points in Social Security
3. If they have paid the tax continuously for 10 years
4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
and
5. If they do not have any criminal records in these 10 years.
You know some people meet all these conditions with the exception of approved i-40 and don't even have a pending Green Card application because their employers are just waiting for their H1 to be used up and then "kick them out".
I think if you meet all the conditions enumerated above, u should be automatically given a Green Card.
1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
2. If they have earned full 40 points in Social Security
3. If they have paid the tax continuously for 10 years
4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
and
5. If they do not have any criminal records in these 10 years.
You know some people meet all these conditions with the exception of approved i-40 and don't even have a pending Green Card application because their employers are just waiting for their H1 to be used up and then "kick them out".
I think if you meet all the conditions enumerated above, u should be automatically given a Green Card.
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andy garcia
06-15 01:43 PM
I filed a G28 to allow me to represent my wife. I did not use an attorney. If you are filing for more than one person then I think that a G28 is worth it. It is a trivial form.
This is written on the G28 page from CIS:
Notice of Entry of Appearance as Attorney or Representative
Purpose of Form :
To provide notice that an attorney or representative of a religious, charitable, social service or similar organization will appear before U.S. Citizenship and Immigration Services on behalf of a person involved in a matter before USCIS.
This is written on the G28 page from CIS:
Notice of Entry of Appearance as Attorney or Representative
Purpose of Form :
To provide notice that an attorney or representative of a religious, charitable, social service or similar organization will appear before U.S. Citizenship and Immigration Services on behalf of a person involved in a matter before USCIS.
more...
Lasantha
01-25 01:36 PM
So it looks like airline/airport personel know about AP and would not make a fuss for not having a valid unexpired visa in your passport if you carry your AP.
It's curious though why the guy wanted to see your EAD when EAD has nothing whatsoever to do with travelling.
Hi reddy77,
I recently traveled to Chennai. My H1b visa was expired in my passport and have an approved AP. I traveled through AA (Frankfurt) --> Gulf Airways (Bahrain) --> Madras and ultimately to Tirupati by Car, While going to India no one cared to ask for any documents not even in Frankfurt. By the way if you don't know this, you don't need a TV for Germany if you have AP. While coming back (I just came 2 weeks back), the officer at the Immigration counter looked at my passport and asked me how can i travel to US with an expired US Visa. I didn't give him my AP with my passport coz I was lazy to take AP from my bag. Finally I showed him my AP and he let me in. Now all the officers in India know about AP. They wont be surprised looking at the AP. In Bahrain I had a lay over of about 13 hours. Gulf Air gave me hotel accommodation. At the Bahrain immigration counter, the officer flipped 2-3 pages in my passport and didn't even care to look at my visa/AP. In Frankfurt, while boarding the AA flight to Dallas, the lady at the AA counter verified all my documents even my office badge. If possible carry your office badge/ID card with you. If you don't have one it should be OK because you are not required to carry and you can always tell them that you are not carrying. Since I showed her my AP, she took all my documents including my badge to her supervisor for the approval and finally gave me the boarding pass. In DFW the immigration was like a piece of cake. I was the second person in the queue. CBP officer after taking my finger prints took me to an officer (Secondary Inspection). The officer at the Sec inspection verified all my documents in his system and asked me to show my EAD. After checking my EAD, he said its not mandatory to carry EAD but safe. The whole process took less than 15 minutes. Let me know if you have any other questions.
It's curious though why the guy wanted to see your EAD when EAD has nothing whatsoever to do with travelling.
Hi reddy77,
I recently traveled to Chennai. My H1b visa was expired in my passport and have an approved AP. I traveled through AA (Frankfurt) --> Gulf Airways (Bahrain) --> Madras and ultimately to Tirupati by Car, While going to India no one cared to ask for any documents not even in Frankfurt. By the way if you don't know this, you don't need a TV for Germany if you have AP. While coming back (I just came 2 weeks back), the officer at the Immigration counter looked at my passport and asked me how can i travel to US with an expired US Visa. I didn't give him my AP with my passport coz I was lazy to take AP from my bag. Finally I showed him my AP and he let me in. Now all the officers in India know about AP. They wont be surprised looking at the AP. In Bahrain I had a lay over of about 13 hours. Gulf Air gave me hotel accommodation. At the Bahrain immigration counter, the officer flipped 2-3 pages in my passport and didn't even care to look at my visa/AP. In Frankfurt, while boarding the AA flight to Dallas, the lady at the AA counter verified all my documents even my office badge. If possible carry your office badge/ID card with you. If you don't have one it should be OK because you are not required to carry and you can always tell them that you are not carrying. Since I showed her my AP, she took all my documents including my badge to her supervisor for the approval and finally gave me the boarding pass. In DFW the immigration was like a piece of cake. I was the second person in the queue. CBP officer after taking my finger prints took me to an officer (Secondary Inspection). The officer at the Sec inspection verified all my documents in his system and asked me to show my EAD. After checking my EAD, he said its not mandatory to carry EAD but safe. The whole process took less than 15 minutes. Let me know if you have any other questions.
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gc_peshwa
03-29 10:38 AM
12000 visas would certainly translate to more than a week's advance IMHO:D
DOS has not said by how much will be the forward movement.
The Department of State announced that the Indian EB2 category is expected to advance one week in the May Visa Bulletin. The demand for EB1visa numbers has decreased by 50 percent this fiscal year. Last year from October 2009 to February 2010, 22,000 EB1 numbers were used. During the same period this year, only 10,000 to 11,000 have been used. EB1 will be current worldwide all fiscal year. This will free up an estimated 12,000 visa numbers to fall down from EB1 to EB2 this year
EB2 India Expected to Advance in May 2011
Posted 29.Mar.2011
The cutoff date for EB2, India, is expected to advance in May 2011. This advancement will occur in the U.S. Department of State (DOS) Visa Bulletin for May 2011. The Visa Bulletin for May 2011 will be published in early to mid April 2011.
On March 29, 2011, the DOS advised that demand for visa numbers in the EB1 category has declined significantly. Thus, approximately 12,000 unused EB1 numbers will be available to shift downward to the EB2 category, starting in May 2011. There was no estimate of the expected amount of forward movement in the cutoff date for EB2 India due to the availability of these additional visa numbers.
DOS has not said by how much will be the forward movement.
The Department of State announced that the Indian EB2 category is expected to advance one week in the May Visa Bulletin. The demand for EB1visa numbers has decreased by 50 percent this fiscal year. Last year from October 2009 to February 2010, 22,000 EB1 numbers were used. During the same period this year, only 10,000 to 11,000 have been used. EB1 will be current worldwide all fiscal year. This will free up an estimated 12,000 visa numbers to fall down from EB1 to EB2 this year
EB2 India Expected to Advance in May 2011
Posted 29.Mar.2011
The cutoff date for EB2, India, is expected to advance in May 2011. This advancement will occur in the U.S. Department of State (DOS) Visa Bulletin for May 2011. The Visa Bulletin for May 2011 will be published in early to mid April 2011.
On March 29, 2011, the DOS advised that demand for visa numbers in the EB1 category has declined significantly. Thus, approximately 12,000 unused EB1 numbers will be available to shift downward to the EB2 category, starting in May 2011. There was no estimate of the expected amount of forward movement in the cutoff date for EB2 India due to the availability of these additional visa numbers.
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pmat
11-13 09:39 AM
Sent the 4 letters early this week.
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eager_immi
07-18 01:58 PM
Can we all take a month from his list of trancscripts and read through his transcripts and see which one has the H1B mistatement. I think he said this sometime in 2005 or 2006 we only need 24 participants.
'http://transcripts.cnn.com/TRANSCRIPTS/ldt.html
'http://transcripts.cnn.com/TRANSCRIPTS/ldt.html
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rockyrock
07-31 03:52 PM
Pappu, special thanks for researching this topic, and posting updates regularly.
Last week I too consulted a high profile (about $200 per 15 minutes... you should be able to guess, I am not sure I am alowed to mention the name) lawyer to discuss this issue. To give you a brief background, my lawyer did not include the Employment Verification letter
1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got last week.
Thanks!
just a question on #2 above - if you are filing second AOS with EVL, why not just withdraw the first AOS once you get the receipt? Wouldn't this be safer?
Last week I too consulted a high profile (about $200 per 15 minutes... you should be able to guess, I am not sure I am alowed to mention the name) lawyer to discuss this issue. To give you a brief background, my lawyer did not include the Employment Verification letter
1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got last week.
Thanks!
just a question on #2 above - if you are filing second AOS with EVL, why not just withdraw the first AOS once you get the receipt? Wouldn't this be safer?
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ilwaiting
06-29 05:41 PM
Conspiracy? DOS is part of bush administration. And since the president is dissapointed because of CIR. He wants a back lash from immigrant community?
It is going to be true. otherwise mathew wont shut down his work and post that AILF is going file law suit.
I am suspecting that they made current because of lobby made by some big heads inorder to get support to pass the immigration bill.
Since the immigration bill failed, DOS is going back to retrogression.
It is going to be true. otherwise mathew wont shut down his work and post that AILF is going file law suit.
I am suspecting that they made current because of lobby made by some big heads inorder to get support to pass the immigration bill.
Since the immigration bill failed, DOS is going back to retrogression.
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sb724
06-20 09:53 PM
Hi thanks for the FAQ.
I have question, really do we need to submit
Form I-134 Affidavit of Support (notarized) or I-864 for employment based dependents AOS.
Why some attorney are advising and some are not?
If we follow 485 instructions we do not need to submit.
Are there any body submitted with out affidavit of support to thier dependent's AOS?
I have question, really do we need to submit
Form I-134 Affidavit of Support (notarized) or I-864 for employment based dependents AOS.
Why some attorney are advising and some are not?
If we follow 485 instructions we do not need to submit.
Are there any body submitted with out affidavit of support to thier dependent's AOS?
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pappu
08-04 06:43 PM
FBI Name Check
Copyright � Triceiver.com
All applicants for immigration benefits must undergo background security checks, and one of them is the FBI name check. It is conducted by the FBI National Name Check Program Section (NNCPS). Since 2003, many green card (I-485) and naturalization applications have been significantly delayed by this process, sometimes by several years! More importantly, immigrants affected by this processing delay are often left in complete darkness. USCIS has adopted a policy that it will not release any information regarding name checks to applicants. Similarly, the FBI has practically shut down all email and phone communications previously available to immigrants.
How FBI name check works?
FBI name check, in short, is to compare a person's name against the Central Records System and see if there is a matching record. However, this seemingly simple process can be quite complicated in some cases.
1. The Central Records System (CRS) is huge
The CRS contains all information which the FBI has acquired during many years of law enforcement activities. It has numerous administrative, applicant, criminal, personnel, and other types of files, related to not only individuals, but companies and foreign intelligence matters also. Certain records are stored in the FBI headquarters in Washington, D.C., while others are maintained by field offices across the United States.
When a name check request is received, the FBI conducts a search of the individual's name in the CRS' General Indices. In addition to the person's full name, the FBI will also use different combinations and variations of the same name.
The General Indices have two types of entries according to the FBI:
A "main" entry - an entry that carries the name corresponding with the subject of a file contained in the CRS. A main file name thus refers to an individual who is the subject of an FBI investigaton.
A "reference" entry - an entry, sometimes called a "cross-reference," that generally only mentions or references an individual, organization, etc., contained in a document located in another "main" file. So a reference is someone whose name only appears in an investigation.
The FBI name check will search both "main" files and "reference" files. In comparison, the FBI Privacy Act request searches main files only. The Privacy Act request is sometimes referred to as FOIPA request, Freedom of Information and Privacy Act. So when an I-485 filer receives a "No Record" letter from the FBI in response to their FOIPA request, it only means that his or her name doesn't match any "main" entry.
During a name search, the FBI first checks the person's name electronically against the Universal Index contained in a database called Automated Case Support (ACS) system. For most people (68% according to the FBI), the results come back with "No Record" within 48 hours, meaning that their name checks are considered cleared. If there is a match, called a "hit," an agent must manually review the file or entry. This secondary name search usually identifies additional people as having "No Record." According to the FBI, about 10% of name check requests must go through yet a third level of review, during which the matching record must be retrieved from the source. But there is a problem:
2. Not all records are digitized and many are still paper documents
If the matching record has a digital copy in the ACS, it can be reviewed quickly. Otherwise paper documents must be transported to the reviewer from one of the FBI field offices which are located all over the country. This could cause significant delays. The name check result after this review will be forwarded to the requesting agency such as the USCIS.
3. Sheer volume of name check requests from multiple agencies
Although the name check itself could take a long time in some cases, it is not the bottle neck. The more serious problem is the time it takes for an analyst to actually get to a case after a "hit," due to backlogs. This is probably the No.1 reason for a lot of cases that are stuck in FBI name checks.
The FBI name check backlog may have several causes, and one of them is the sheer volume of requests. In addition to USCIS, many other Federal agencies, congressional committees, as well as state and local law enforcement agencies, all request name checks as part of their background investigation or clearance processes. According to Michael Cannon, Section Chief of NNCP, the FBI processed 3.7 million name checks in 2005, compared to about 2.5 million/year before September 11, 2001. In 2006, the USCIS alone sends more than 27,700 requests on a weekly basis.
Moreover, it is not clear how strictly the FBI follows the order of first-in, first-out. It is particular difficult to find out exactly how the FBI would queue cases that have returned with potential matching records. From the simple fact that some name-check cases can be pending for several years, and not all of them are that complicated, the FBI's queuing method may need a review of its own.
4. Lengthy name check process and national security
Although conducting name checks is an essential step in identifying national security and public safety concerns, the current process may not achieve its intended objectives. The reason is that in almost all cases, a person whose name check is pending is currently present in the United States. So the lengthy process actually extends an individual's stay in the US. If it takes years to come to a conclusion that the person is indeed a security threat, what will happen during those years? In this sense, timely processing of name checks is not only a relief to legal immigrants, but a must for national security reasons.
5. It is difficult to expedite FBI name checks
In 2007, the USCIS established new policies on expediting FBI name checks and the criteria are very limited. The USCIS may demand expedited handling only if the case involves military deployment, age-out or sunset provisions, loss of certain benefits, or other compelling reasons such as critical medical conditions. It specifically stated that Writ of Mandamus (WOM) - a lawsuit forcing the government to act quickly after an unreasonable delay - would no longer qualify as one.
Writing to Senators, Congressmen, or even the First Lady, have not shown as much success as many were hoping for. In fact, most Congressional inquires are now simply coming back with "case pending" responses. Some offices have stated that they will no longer contact the FBI for cases pending less than a year, citing an increasing number of letters asking for assistance. However, for most poeple, contacting congressional representives is one of very few channels still available to receive any information regarding their pending cases.
6. The name check situation may get even worse, before it improves
According to the USCIS Ombudsman, there is a staggering 329,160 FBI name check cases pending as of May 2007. Among them, 211,341 (64%) have been pending more than 90 days and approximately 32 percent (106,738) pending more than one year. Now with the biggest fee increase in decades, taking effect July 30th, 2007, The USCIS has proposed to allocate more funds toward the name check process. And the FBI indicated that additional funding would allow them to add more staff to speed up the process and reduce backlogs. Many are skeptical, but we certainly hope that they will achieve some of the goals this time.
Copyright � Triceiver.com
All applicants for immigration benefits must undergo background security checks, and one of them is the FBI name check. It is conducted by the FBI National Name Check Program Section (NNCPS). Since 2003, many green card (I-485) and naturalization applications have been significantly delayed by this process, sometimes by several years! More importantly, immigrants affected by this processing delay are often left in complete darkness. USCIS has adopted a policy that it will not release any information regarding name checks to applicants. Similarly, the FBI has practically shut down all email and phone communications previously available to immigrants.
How FBI name check works?
FBI name check, in short, is to compare a person's name against the Central Records System and see if there is a matching record. However, this seemingly simple process can be quite complicated in some cases.
1. The Central Records System (CRS) is huge
The CRS contains all information which the FBI has acquired during many years of law enforcement activities. It has numerous administrative, applicant, criminal, personnel, and other types of files, related to not only individuals, but companies and foreign intelligence matters also. Certain records are stored in the FBI headquarters in Washington, D.C., while others are maintained by field offices across the United States.
When a name check request is received, the FBI conducts a search of the individual's name in the CRS' General Indices. In addition to the person's full name, the FBI will also use different combinations and variations of the same name.
The General Indices have two types of entries according to the FBI:
A "main" entry - an entry that carries the name corresponding with the subject of a file contained in the CRS. A main file name thus refers to an individual who is the subject of an FBI investigaton.
A "reference" entry - an entry, sometimes called a "cross-reference," that generally only mentions or references an individual, organization, etc., contained in a document located in another "main" file. So a reference is someone whose name only appears in an investigation.
The FBI name check will search both "main" files and "reference" files. In comparison, the FBI Privacy Act request searches main files only. The Privacy Act request is sometimes referred to as FOIPA request, Freedom of Information and Privacy Act. So when an I-485 filer receives a "No Record" letter from the FBI in response to their FOIPA request, it only means that his or her name doesn't match any "main" entry.
During a name search, the FBI first checks the person's name electronically against the Universal Index contained in a database called Automated Case Support (ACS) system. For most people (68% according to the FBI), the results come back with "No Record" within 48 hours, meaning that their name checks are considered cleared. If there is a match, called a "hit," an agent must manually review the file or entry. This secondary name search usually identifies additional people as having "No Record." According to the FBI, about 10% of name check requests must go through yet a third level of review, during which the matching record must be retrieved from the source. But there is a problem:
2. Not all records are digitized and many are still paper documents
If the matching record has a digital copy in the ACS, it can be reviewed quickly. Otherwise paper documents must be transported to the reviewer from one of the FBI field offices which are located all over the country. This could cause significant delays. The name check result after this review will be forwarded to the requesting agency such as the USCIS.
3. Sheer volume of name check requests from multiple agencies
Although the name check itself could take a long time in some cases, it is not the bottle neck. The more serious problem is the time it takes for an analyst to actually get to a case after a "hit," due to backlogs. This is probably the No.1 reason for a lot of cases that are stuck in FBI name checks.
The FBI name check backlog may have several causes, and one of them is the sheer volume of requests. In addition to USCIS, many other Federal agencies, congressional committees, as well as state and local law enforcement agencies, all request name checks as part of their background investigation or clearance processes. According to Michael Cannon, Section Chief of NNCP, the FBI processed 3.7 million name checks in 2005, compared to about 2.5 million/year before September 11, 2001. In 2006, the USCIS alone sends more than 27,700 requests on a weekly basis.
Moreover, it is not clear how strictly the FBI follows the order of first-in, first-out. It is particular difficult to find out exactly how the FBI would queue cases that have returned with potential matching records. From the simple fact that some name-check cases can be pending for several years, and not all of them are that complicated, the FBI's queuing method may need a review of its own.
4. Lengthy name check process and national security
Although conducting name checks is an essential step in identifying national security and public safety concerns, the current process may not achieve its intended objectives. The reason is that in almost all cases, a person whose name check is pending is currently present in the United States. So the lengthy process actually extends an individual's stay in the US. If it takes years to come to a conclusion that the person is indeed a security threat, what will happen during those years? In this sense, timely processing of name checks is not only a relief to legal immigrants, but a must for national security reasons.
5. It is difficult to expedite FBI name checks
In 2007, the USCIS established new policies on expediting FBI name checks and the criteria are very limited. The USCIS may demand expedited handling only if the case involves military deployment, age-out or sunset provisions, loss of certain benefits, or other compelling reasons such as critical medical conditions. It specifically stated that Writ of Mandamus (WOM) - a lawsuit forcing the government to act quickly after an unreasonable delay - would no longer qualify as one.
Writing to Senators, Congressmen, or even the First Lady, have not shown as much success as many were hoping for. In fact, most Congressional inquires are now simply coming back with "case pending" responses. Some offices have stated that they will no longer contact the FBI for cases pending less than a year, citing an increasing number of letters asking for assistance. However, for most poeple, contacting congressional representives is one of very few channels still available to receive any information regarding their pending cases.
6. The name check situation may get even worse, before it improves
According to the USCIS Ombudsman, there is a staggering 329,160 FBI name check cases pending as of May 2007. Among them, 211,341 (64%) have been pending more than 90 days and approximately 32 percent (106,738) pending more than one year. Now with the biggest fee increase in decades, taking effect July 30th, 2007, The USCIS has proposed to allocate more funds toward the name check process. And the FBI indicated that additional funding would allow them to add more staff to speed up the process and reduce backlogs. Many are skeptical, but we certainly hope that they will achieve some of the goals this time.
hairstyles Compaq Mainboard Evo D310,D311
eb_retrogession
02-24 03:09 PM
Pages 245 and 246 includes recapture clause
Thanks for pointing that out. Yes it is all there :-)
Thanks for pointing that out. Yes it is all there :-)
PD_Dec2002
06-22 12:17 PM
Reply from Wife's Lawyer(Murthy):
"It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"
Murthy's words are not so clear. Other posts have her quoting "it's not recommended to file two I-485s", whereas here she says "It is not possible for you to be her derivative as well as your own primary, and vice versa.".
Not recommended means "USCIS allows it or there is no clear memo from them so try at your own risk"
Not possible means "USCIS does not allow it. Period."
Thanks,
Jayant
"It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"
Murthy's words are not so clear. Other posts have her quoting "it's not recommended to file two I-485s", whereas here she says "It is not possible for you to be her derivative as well as your own primary, and vice versa.".
Not recommended means "USCIS allows it or there is no clear memo from them so try at your own risk"
Not possible means "USCIS does not allow it. Period."
Thanks,
Jayant
sprash
11-12 08:34 PM
Just sent the 4 letters.
Hope it helps!
Hope it helps!