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  • Macaca
    06-17 10:15 AM
    The Ombudsman agrees with the assessment of many case workers and supervisors at USCIS field offices and service centers that the FBI name check process has limited value to public safety or national security, especially because in almost every case the applicant is in the United States during the name check process, living or working without restriction.

    The Ombudsman recommended in the 2006 Annual Report (at p. 25) that the FBI name check process be re-examined. Delays in the name check process actually prolong an individual’s presence in the United States while the check is pending. In this sense, the current USCIS name check policy may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country.
    Name checks do not differentiate whether the individual has been in the United States for many years or a few days, is from and/or has traveled frequently to a country designated as a State Sponsor of Terrorism, or is a member of the U.S. military. Many individuals subject to lengthy name checks are either already green card holders or have been issued Employment Authorization Documents (EADs). These documents allow them to receive Social Security cards and state drivers’ licenses. Most green card applicants are also eligible to receive advance parole enabling them to travel outside the United States and return as long as their cases are pending, which can be for many years under the current process. (page 43)
    As Dawn Lurie, a Vienna immigration lawyer, put it: "If there's a security reason [for the delay], then what are those people still doing here? . . . And if there isn't a security reason, then why are we making them wait for so long?" (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
    FBI name checks disclose information to USCIS that is otherwise not available. Information contained in 39 [percent] of the FBI positive responses (letterhead memoranda) received in FY 06 was not contained in IBIS/TECS, USCIS’ primary background check tool. . ..

    Use of the 39 percent positive response rate as referenced by USCIS to justify continuing this program may exaggerate the value of the FBI name check. It is unclear how many of the FBI name check “responses” also were revealed by one or more of the other security checks conducted for the applications. To date, the Ombudsman has been unable to ascertain from USCIS the total number of actual problem cases that the agency discovered exclusively as a result of the FBI name check. The Ombudsman understands that most, if not all, of the problem cases which would result in an eventual denial of benefits also can be revealed by the other more efficient, automated criminal and security checks that USCIS initiates.
    While USCIS declined to provide the number or percentage of annual name checks that result in denials, the FBI has reported that less than 1 percent of 1.5 million names are ultimately tied to potentially damaging information.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))





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  • go_guy123
    06-30 12:43 PM
    I think once an I-485 is filed every one should be equally treated based on their category. If country qouta is based on countries interest, there should not be more applications accepted than within the sitpulated visas. That is not the case here. We have thousands of applications stuck at USCIS. Since GC processing puts certain restrictions on ones ability to shape ones career, it is not fair to ask one applicant wait for more time than other applicant purely based on country quota. We should keep in mind that gc processing effects indaviduals not their countries. So, it is discriminating to make one applicant wait while issing visa's to other person with same qualifications (except that he is from another country).

    Yes true but why would ROW people be interested in it. They have everything to loose in this change of rules. The change of rules would lead to equal distribution of misery.





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  • spaceguy
    11-09 08:30 AM
    It is more approprite now as Federal Government -- for the first time -- passed a resolution in 2007 recognizing the "religious and historical significance" of Diwali.

    As Info other Immigration websites for example workpermit.com published a news article on Diwali

    http://www.workpermit.com/news/2007-11-08/india/diwali-celebrated-across-world-2007.htm

    Happy Diwali to all IV members





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  • obviously
    08-18 10:58 PM
    It is time for the high skilled immigrants here to take offense with what NUSA puts out ... here is a message that was sent to them a short while ago. We can do more. The collective intelligence, tax dollars and clout of this group of HIGH SKILLED immigrants can call the bluff on Roy Beck and his bunch of fear mongers...

    To Roy Beck:
    Unfortunately, special interest groups such as yours fail to understand the realities of globalization, international trade and commerce. Your views are an arcane throwback to the era of narrow protectionism fueled by fear, uncertainty and doubt. The world's economies are growing at a much faster rate than the US because we have failed to keep pace with the talent race and skill race. We have forgotten the great tradition of adventurism and capitalism, and instead bask in the self-avowed glory of elitist protectionism... hoping that cute scare videos and falsified statistics will deceive people from seeing what NumberUSA is what it is really about = a quest of 'racial purity'. Lets not try to fool hardworking, law abiding economic agents into believing that you stand for a moral cause greater than the collective capitalist good of the United States. Indeed, it is shameful that you should continue to pander your archaic sentiments around 'immigration control' in a land where the ONLY natural citizens are American Indians. You demean the Irish, the Italians, the Germans, the Jews, the Indians and the Chinese by painting a broad brush against 'numeric over crowding' without caring to recognize the net economic value add of these and other ethnic groups. Maybe its time for todays youth to stop fawning over Hannah M, Britney S etc and get cracking at higher education ... and maybe, just maybe, our time is better spent on being parents that can imbibe a new 'gold rush' mentality of adventure and spirit instead of fear mongering and hoping that globalization will go away :). Because, it wont Mr Beck. Never has. Never will.



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  • franklin
    06-13 11:31 PM
    You can change your signature now - no more waiting:)
    Ha - good point!

    There you go





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  • ssingh92
    03-15 10:44 AM
    Thanks xlr8r!! I am filing today. Dont have I140 receipt number.

    Did your luck shine !!!!



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  • OLDMONK
    06-21 07:21 PM
    [QUOTE=zico123]H4 is a dependent visa and there is legal employment allowed on H4 status.

    I dont agree with the above statement.





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  • neamoni
    05-21 12:50 PM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    My Firefox shows the APril but IE shows the May. Try deleting the cookies, temp files, cache, etc.

    I did all that but still show April 15. :(

    Could somebody tell me what's the date for I140 @ NSC?

    Thanks!



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  • nlssubbu
    08-22 07:21 PM
    Not quite, as I understand it, if your PD is not current, your AOS will continue processing and will eventually get to a "approved, pending visa number" state. You can pretty much be in this state for some time, and then when PD does become current (as happened from May through July this year with the significant shift in PDs in the bulletins) there will be a massive approval rate of all those pending applications.

    USCIS doesn't stop the application process just because your PD is no longer current

    This is how USCIS got through 60k unused visas in a staggeringly short time. There were a LOT of applications that were ready to go, they were just waiting for those numbers. USCIS didn't all of a suddenly quadruple their efficiency in processing :)


    I think that they did it one time mainly to use all the unused visas. I do not know whether they will continue in the same fashion of such pre-processing in future too. If not, then that is going to be a bigger wait considering the number of applications received at their end after the July visa bulletin.

    Do you think that they have enough resources available to process all?





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  • wikipedia_fan
    07-04 12:25 PM
    Will it really create ablity to pay issue when an employer keeps many I140s without pay and create a problem for future Gc processing? If that is really an issue then cancelling I140 is not retaliation. People can post their views.

    You have used AC21 after 180 days then what is there to worry? Even if you receive RFE you can reply and you can get GC.

    Looks like "yes", especially if a companyh is sponsering too many GCs for people who are not on the payroll - they have to prove they have enough funds to pay the future employees.
    It is the desi Attorneys who give suggestions to Desi employers to withdraw 140 to avoid ability to pay issues.



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  • Legal
    06-12 02:00 PM
    This is my thought process (also referred by Ron G):


    July 2007 brought in approximately 500K 485 cases.

    We do not know how many cases were pending as of June 2007.

    Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
    Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers

    so, 500K - 300K = 200K.

    Assuming USICS approval rate is 85%; 75K of 500K are denied.

    200K - 75K = 125K EB cases pending from the July 2007 cases.

    Additions: from all current categories - may be 25 K in 2 years?

    So, 150 K plus whatever that was pending as of June 2007.

    So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.

    Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.

    I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.

    "Law is an ass".

    One potential loophole (I realize it could be wishful thinking on our part) is how the current law is interpreted. Let's say USCIS interprets the current law in such way that preadjudcated cases have to be approved before taking in new cases, then the country cap hurdle could be overcome without legislation.

    With the current economic situation, tightening of PERM, etc new EB-2 row applications are likely to slow down further. At the most, new approvals will have to be delayed by 12 months or less.

    Could it be legally challenged? Could someone bring a lawsuit to force USCIS to stop issuing GCs to people who have been waiting 10+ yrs or more? possible. I doubt anyone can force them to cancel the already issued GCs.

    Then USCIS could say they have enough preadjudicated cases, and are not able to adjudicate until they clear the backlog.;)

    For the politicians and USCIS this is a much better way to handle India EB backlog than to "issue several hudred thousands of foreign laborers immigrant visas when American citizens are losing jobs in millions" through recapture bill.

    I feel like I just wrote a short story.:)

    Members, feel free to comment.





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  • jsb
    08-05 09:29 AM
    ...
    As far as talking about peers, I consider IV folks to be my peers too. ;)

    As another member of Austria has pointed out, if something has to be in a regional language, as a courtesy, provide english translation as well. Talking about your peers: I am sure you don't communicate with your Chinese, Polish & American peers in your regional language.



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  • 485Mbe4001
    08-27 05:10 PM
    Welcome back, the only way we can see progress is by getting some bills passed. Lets all work towards getting something done with the logfren bills.

    Guys,
    I think all of us EB2 ( including yours truly) are guilty of too much analysis paralysis of EB2 visa no.s for the remainfer of FY 08. With today's post by a lawyer on DOS communication to USCIS to stop allocating visa numbers to India/China till OCT 1 , 08, it is clear that USCIS will never get its act straight unless we are completely united and press on for a major drive to senators to pass the visa recapture bill ( regardless of EB2 and EB3) . So let us start flooding the senators inbox, voicemail and email with letters urging them to pass the recapture bill. To that extent I request all of you double your efforts. The next session of senate, which starts next month, is a short session and we should act NOW. otherwise nothing will happen until late next year.





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  • tooclose
    08-11 10:48 AM
    Hopefully they might be waiting to approve both AP and 485 together. (I am thinking they might have taken the amount on AP already)

    Take an info pass appointment to get more details if it is close to you.

    I am in Mar first week PD and hence dont know whether my PD is current yet (Aug VB). Planning to wait for the first week of September before taking an infopass appointment.



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  • Refugee_New
    05-02 11:50 AM
    Folks...cannot wait...any options left....
    Boring....india is better it looks....waiting for GC then Citizenship...is going to be a hell....inflation is high....

    Anand

    EB3 India with 2005 PD? I think you should seriousely consider other options.

    EB2 with Feb 2002 PD, i am thinking of quitting the racce.





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  • eb3retro
    04-11 10:42 AM
    Question gurus... I have a xerox copy of my approved I-140. Will this be enough to port the priority date? or do you need the original copy to be submitted along with the new I-140 application when you request portability of older priority date?? please clarify.



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  • rtarar
    09-28 11:34 AM
    Situation : Travel in Oct for school(MBA)

    Applied online : 21 July 2010
    Center: TSC
    No updates till sept 14th.
    Got cencerned and on sept 14th called TSC created SR for non receipt of biometric appointment letter.(Only legal reason to complain as application is still under 90 days of application)
    LUD on Sept 20th.
    Called sept 27th afternoon again and told that notice as to how the SR will be processed. The processing time for SR was mentioned to be 60 days.:eek: Created an expedite request reason citing "sever financial loss to individual".
    sept 27th 7:35 PM received approval emails for AP for spouse and self.:confused:


    In short WTF?:mad: ... but eventually :D till next year around.





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  • dummgelauft
    07-01 11:11 AM
    Do you really agree with multi-national managers(via L1A). This is the area wherein the interpretation is pretty loose. If you dissect EB1 data you would find that EB1C used bulk of it except for this year due to bad economy and tightening of screws. There should be some very clearly defined guidelines for EB1-C, somebody being an onsite coordinator or managing 5 people should not be eligible. This category should be reserved for those who are managing at least 100 people or control business in several millions. I agree that EB1 should be just for the exceptional.

    Exactly. There seems to be a mis-conception, which to a large extent has been fueled by some unethical companies, that being on L1A and having a gaggle of a few developers at client sites makes one "exceptional" and eligible for EB1.
    If somebody feels they should qualify for EB-2 after X years of experience,well, reason it out with your employer and re-file. I went through this. Restarted the whole process..labor and the whole shebang...to file in EB2 just because I was unable to convince the HR manager at one of my previous employers. That is the reason my PD is Oct 2006 and not July 2003.





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  • praveenuppaluri
    04-01 03:04 PM
    just send my $50 via paypal (donate now). $10K each month is definitely achievable. GO IV...





    pointlesswait
    02-23 03:00 PM
    dude...do u even know the meaning of that phrase? lol ..

    I know a term called "spitting the venom". It is on full display in your post.





    CADude
    05-28 01:26 PM
    I oppose the Senate immigration deal in current form.

    Immigration Reform unfair to the legal high-skilled. Legal First

    We are always told, �Break the law, and you will be in trouble�. But, the recent �Immigration Reform Grand bargain� proposes to send a message that is precisely the opposite.

    We are being told that no undocumented immigrant will get ahead of those in backlog. While the backlog of Family-based petitions has been highly publicized, the petitions of individuals (engineers, scientists, doctors and other professionals) are being left in legal and bureaucratic limbo. About half-a-million highly qualified professionals and their families have put their faith in the legal immigration system and due process of the United States, while working to enhance the US economy. These people have pending petitions either with the Department of Labor, or with the CIS, the final adjudication of which will enable them to work with a US employer, with consequent ripple effect on the US economy.

    In the old system, employment-based petitions were limited to 140,000 per year, but the proposed system, �in order to reduce backlog�, reduces them to 90,000 per year only! On the contrary, Family-based cases used to be limited to similar numbers, but now have been increased to 567,000 per year! In addition, close to100,000 of these applicants with pending petitions are being asked to start from scratch in the new system. In effect, it is similar to changing the �rules� or rather, the �Laws� after the fact! Innocent high-skilled prospective immigrants are being penalized due to bureaucratic delay in the DOL.

    Highly skilled doctors, scientists, engineers, and computer professionals have been stuck in backlogs since the last 3-4 years. They had hoped to get relief from the �Immigration Reform�, but have been let down badly. They are being forced to renew their H-1Bs yearly now, while the old system allowed 3-yr incremental renewals while their Green Card petition was pending. Seems like a fitting reward for following the Laws, isn�t it?

    Per washintonpost report, USCIS on purpose delays the process and keep backlog to earn the extension and renewal fee as 20% of their budget. THIS IS CALLED SCAM.

    Your attention and help requested on the matter.



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