mallu
12-02 02:40 PM
12/02/2007: News of DHS Plan to Approve Immigration Applications Without FBI Name Check Results After Certain Months Stirs Confusion
A couple of sources reported lately that DHS was planning to place a cap on the FBI fingerprint check period and should the agency fail to receive the FBI report within certain undisclosed period of time, the agency will proceed with adjudication of pending immigration applications. Reportedly, the information was released at a DHS meeting with the immigration stakeholders but there are no details of information available about the so-called plan of change of course in managing homeland security matter.
This reminds of the agency's past history in 1998 acting on the backlogs in CIA clearance for over one year causing a huge I-485 backlogs for years and announcing that the INS would adjudicate pending I-485 applications without waiting for the CIA completion of the security clearance on a condition that should the CIA report indicate a negative information, the INS would "revoke" the approved I-485 applications. The people who suffered the most from the lack of coordination betweren the INS and the CIA at the time were Chinese. The INS stop-gap action stirred some political concern and short-lived. The CIA clearance backlogs gradually improved afterwards helping the INS to remove the 485 backlogs over a period of time.
Such unusual stop-gap action was taken "before" 9/11. Since 9/11, the security and name checks have presented the DHS with a challenging task of balancing betweein securing homeland and reducing clearance time. The FBI name checks have presented a serious problem of backlogs particularly in two areas: One is name check backlogs in the new hires of federal government employees and the other is the immigration backlogs. According to the CIS Ombudsman reports, in 2006 the DHS had about 82,824 backlogs pending more than one year. and in 2007 the number increased to 106,738 cases. Such backlogs induced federal litigations in the form of mandamus actions by the applicants with some successful results. The burden of such litigations on the DHS financial and litigation resources has mounted over the years. In order to deal with the problem, the USCIS one time "informally" handled such problem by approving applications (I-485 and natulalization cases) when the applicants brought mandamus actions in the federal courts. Such action had brought a boom of business for some immigration lawyers rushing to filing of a sort of "massive" mandamus actions. Obviously, this action raised a serious polical outcry for the agency compromising the nation's security by adjudicating applications without the name check results, leading to suspension of the DHS informal policy and a subsequent announcement that the agency would not give any favorable consideration in adjudication of applications where a federal lawsuit was pending.
The environment of the agency's security management indeed changed before and after 9/11 and the precedent of INS approving I-485 applications without name check results without prejudice to potential revocation of such approved I-485 applications afterwards may not be that easily reintroduced as the agency will have to overcome two hurdles: A political pressure in the upcoming national election and a potential compromise of security. There was a legislative proposal in the Congress in one of the FY 2008 appropriation bills (CJS Appropriation Bill) which mandated the DHS to adjudicate immigration and naturalization applications, should the FBI fail to clear the name checks within six months from the effective date of the legislation. This legislation has yet to be finalized. Please stay tuned.
A couple of sources reported lately that DHS was planning to place a cap on the FBI fingerprint check period and should the agency fail to receive the FBI report within certain undisclosed period of time, the agency will proceed with adjudication of pending immigration applications. Reportedly, the information was released at a DHS meeting with the immigration stakeholders but there are no details of information available about the so-called plan of change of course in managing homeland security matter.
This reminds of the agency's past history in 1998 acting on the backlogs in CIA clearance for over one year causing a huge I-485 backlogs for years and announcing that the INS would adjudicate pending I-485 applications without waiting for the CIA completion of the security clearance on a condition that should the CIA report indicate a negative information, the INS would "revoke" the approved I-485 applications. The people who suffered the most from the lack of coordination betweren the INS and the CIA at the time were Chinese. The INS stop-gap action stirred some political concern and short-lived. The CIA clearance backlogs gradually improved afterwards helping the INS to remove the 485 backlogs over a period of time.
Such unusual stop-gap action was taken "before" 9/11. Since 9/11, the security and name checks have presented the DHS with a challenging task of balancing betweein securing homeland and reducing clearance time. The FBI name checks have presented a serious problem of backlogs particularly in two areas: One is name check backlogs in the new hires of federal government employees and the other is the immigration backlogs. According to the CIS Ombudsman reports, in 2006 the DHS had about 82,824 backlogs pending more than one year. and in 2007 the number increased to 106,738 cases. Such backlogs induced federal litigations in the form of mandamus actions by the applicants with some successful results. The burden of such litigations on the DHS financial and litigation resources has mounted over the years. In order to deal with the problem, the USCIS one time "informally" handled such problem by approving applications (I-485 and natulalization cases) when the applicants brought mandamus actions in the federal courts. Such action had brought a boom of business for some immigration lawyers rushing to filing of a sort of "massive" mandamus actions. Obviously, this action raised a serious polical outcry for the agency compromising the nation's security by adjudicating applications without the name check results, leading to suspension of the DHS informal policy and a subsequent announcement that the agency would not give any favorable consideration in adjudication of applications where a federal lawsuit was pending.
The environment of the agency's security management indeed changed before and after 9/11 and the precedent of INS approving I-485 applications without name check results without prejudice to potential revocation of such approved I-485 applications afterwards may not be that easily reintroduced as the agency will have to overcome two hurdles: A political pressure in the upcoming national election and a potential compromise of security. There was a legislative proposal in the Congress in one of the FY 2008 appropriation bills (CJS Appropriation Bill) which mandated the DHS to adjudicate immigration and naturalization applications, should the FBI fail to clear the name checks within six months from the effective date of the legislation. This legislation has yet to be finalized. Please stay tuned.
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YesGC_NoGC
12-12 01:24 PM
boreal
why not India ?
why not India ?
geevikram
11-25 04:34 PM
I don't think the analysis for EB2 C&I is accurate.
Current does not mean beyond your PD. There is no mention of PD's being current anytime soon.
Current does not mean beyond your PD. There is no mention of PD's being current anytime soon.
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bobyal
05-12 09:03 AM
The bill text says there is NO fee and the applications need to be processed expedited.
--------------------------------------------
SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.
Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.
--------------------------------------------
So once this bill passes, we can just forget about legal immigration applications for 2 ~3 years, until all illeagul and UNDOCUMENTED applications are processed.
This is going to effect all legal immigrant community, think about waiting for AP, EAD, H1B application and guess people might have to suffer loosing jobs while waiting for these applications processed.
--------------------------------------------
SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.
Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.
--------------------------------------------
So once this bill passes, we can just forget about legal immigration applications for 2 ~3 years, until all illeagul and UNDOCUMENTED applications are processed.
This is going to effect all legal immigrant community, think about waiting for AP, EAD, H1B application and guess people might have to suffer loosing jobs while waiting for these applications processed.
more...
thomachan72
05-17 10:12 AM
I am wondering everybody here is throwing stones at small consulting companies, I wonder how these people came to US surely somebody did there H1? right? People are working in big companies HP/Oracle/SAP bla bla.. but I'm sure they are not the ones who brought you guys here. Also the day they'll get their green cards each of these people are going to open similar companies and do the same thing. This is amazing how people forget their past and forget the people who brought them here...I will call you guys thankless....
you are completely misunderstanding / I was not clearly stating my point. Let the small comp / head hunters bring in people BUT TREAT THEM GOOD TOOO!!! Dont let people come here and not pay them / treat them as slaves on contract etc. Look at all the postings (go to murthy's web site--you will see many) Employer not paying, etc etc. In such case whats difference between an illegal hotel worker and these mistreated H1bs. I stay in an apartment OK. One day my neighbour (living downstairs) was crying with his wife and a small kid. You want to know the reason--NO PAY FOR 2 MONTHS!!!!. All his hard earned money was finished paying rent, OK and his kid was sick. No money, nobody to ask. His contractor said WAIT, WAIT and nothing else. Having personally seen this situation, I am a little concerned. Why would you be concerned in asking infosys to disclose the usage of H1bs procurred by them?? If its used properly there shouldn't be any issue. Now how microsoft uses the H1b is more transparent. How many of u working for microsoft have had any issues???
you are completely misunderstanding / I was not clearly stating my point. Let the small comp / head hunters bring in people BUT TREAT THEM GOOD TOOO!!! Dont let people come here and not pay them / treat them as slaves on contract etc. Look at all the postings (go to murthy's web site--you will see many) Employer not paying, etc etc. In such case whats difference between an illegal hotel worker and these mistreated H1bs. I stay in an apartment OK. One day my neighbour (living downstairs) was crying with his wife and a small kid. You want to know the reason--NO PAY FOR 2 MONTHS!!!!. All his hard earned money was finished paying rent, OK and his kid was sick. No money, nobody to ask. His contractor said WAIT, WAIT and nothing else. Having personally seen this situation, I am a little concerned. Why would you be concerned in asking infosys to disclose the usage of H1bs procurred by them?? If its used properly there shouldn't be any issue. Now how microsoft uses the H1b is more transparent. How many of u working for microsoft have had any issues???
ujjvalkoul
06-26 02:31 PM
everyone I go to offers Digital Photos (ID PHotos)....my attorneys had said Digitals are not acceptable...but looks like that is all u can get nowadays...
BTW Costco is the cheapest!!!
BTW Costco is the cheapest!!!
more...
h1techSlave
04-14 04:11 PM
Call your senator and explain your situation. I have done so in the past after I lost all papers. I have received drivers license on the basis of only photo copies.
I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster
I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster
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devamanohar
08-14 06:10 AM
I filed for my self, wife and two daughters I-485 and EAD with all documents but without I-140 recipt notice instead I enclosed evidences of the cashed check, INS online status print out and cover letter with reciept number.
My application reached on July 2 at 11:34am. No reciept yet. I called INS and representative explained my case will not be denied. If at all, INS will ask for the reciept notice.
I have my reciept notice for I-140 now.
At this point shall I wait or apply one more today with the reciept notice.
My application reached on July 2 at 11:34am. No reciept yet. I called INS and representative explained my case will not be denied. If at all, INS will ask for the reciept notice.
I have my reciept notice for I-140 now.
At this point shall I wait or apply one more today with the reciept notice.
more...
alterego
08-10 02:46 PM
The original intent of labour substitution was not bad. If you understand that EB immigration was designed with the AMERICAN EMPLOYER and their needs in mind you will understand why labour substitution was allowed. It was a way for american employers to get employees in critical shortage areas and keep american industry competitive. It really was not meant to either be fair or not fair to you and me. If you understand this then it all makes more sense.
That was then and this is now. So what has it evolved to?
Labour substitution became a bargainig chip, for employee/employers. It was bought and sold. It was used, abused and misused and done so rather widespreadly. It started to be used mainly by Desi Bodyshoppers. In some cases for friends and even relatives, to the extent that AMERICAN employers and their employees became the ones getting hurt/delayed by it.
So the rules were changed. Those of us who went through the traditional channels realise that those of you who took labour subs. did nothing legally wrong. Simply understand that we cannot and will not have any sympathy for you if and when something goes wrong.
As for the folks asking people not to give their opinion. Please post in a private forum then.
That was then and this is now. So what has it evolved to?
Labour substitution became a bargainig chip, for employee/employers. It was bought and sold. It was used, abused and misused and done so rather widespreadly. It started to be used mainly by Desi Bodyshoppers. In some cases for friends and even relatives, to the extent that AMERICAN employers and their employees became the ones getting hurt/delayed by it.
So the rules were changed. Those of us who went through the traditional channels realise that those of you who took labour subs. did nothing legally wrong. Simply understand that we cannot and will not have any sympathy for you if and when something goes wrong.
As for the folks asking people not to give their opinion. Please post in a private forum then.
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belmontboy
04-09 03:18 PM
there should be a cap on how many H1's a MNC that's not based in US can apply. ex: companies(like wipro, infosys, satyam..)
for ex: it should be <= 300 per company.
These people consume lot of H1's when they could get their employee's on L1.
for ex: it should be <= 300 per company.
These people consume lot of H1's when they could get their employee's on L1.
more...
tikka
03-26 03:43 PM
I spoke to a staff at Michael R. McNulty's office.
He comes to Albany on weekends only.
Rest of the time (5 days a week) he is in Washington.
We can meet staff members any time betwenn 9 to 5 (no appointment required).
Spoke to staff member at Schumer's office.
He is not available for a meeting.
Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
We can change if this is not convenient.
I am not sure if this is gonna help, as it is 2 weeks away.
Please provide feedback.
hi
Are you going alone to Schumer's office?
I am come along if you'd like.
Varsha send me all the necessary docs. Let me know if I can assist in some way
He comes to Albany on weekends only.
Rest of the time (5 days a week) he is in Washington.
We can meet staff members any time betwenn 9 to 5 (no appointment required).
Spoke to staff member at Schumer's office.
He is not available for a meeting.
Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
We can change if this is not convenient.
I am not sure if this is gonna help, as it is 2 weeks away.
Please provide feedback.
hi
Are you going alone to Schumer's office?
I am come along if you'd like.
Varsha send me all the necessary docs. Let me know if I can assist in some way
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LC2002
09-21 04:20 PM
That I heard too!! GCs were distributed at Monument but I was late as I could only join at Captol Hill :p so got only FP notice.
I'm waiting for next Rally to get my GC ... :D
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
I'm waiting for next Rally to get my GC ... :D
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
more...
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onemoredesi
08-22 01:53 PM
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Can any one tell me what EB-3EW means?
Thx
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Can any one tell me what EB-3EW means?
Thx
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saggi13
02-18 10:03 PM
Aachoo, downthedrain, jazzbytheway, sushilup, rvr_jcop -
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
thanks
Sree
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
thanks
Sree
more...
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eagerr2i
11-13 01:06 AM
If you are planning on taking action against the attorney for fraud and mis representation, you may want to file a complaint in the bar of the state where your attorney practices. Bar complaints are taken very seriously and if you have proper documentation and are ready for the fight, he could even lose his license and/or penalized by the bar.
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swamy
04-23 06:30 PM
if only the bill was in place 3 centuries ago we wouldnt have had all these problems...& anyone who thinks this is against only hispanics is daydreaming!arizona has a ton of international students who are going to be targetted too!no ruckus on campus between white & non-white students will be reported anymore so racists will potentially get away with anything and everything. as it is the terminolgy calling legal immigrants 'aliens' and 'parolee' &what not is demeaning & confusing butnow add to it the local overenthusiastic minuteman type police checking ur i94 & seeing advance parole status-will make helluva interaction!while democrats are cynically playing politics republicans are actually acting on their agenda.
more...
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pani_6
03-21 11:27 AM
We need to talk in a single voice...can you prepare state chapters's talking points..plz..other materials that people use to effectively utilize the limited time with the senators..
Great Effort!
Great Effort!
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GCplease
05-13 05:03 PM
Sorry to hear about your case.
From what I have heard, you can apply for I485 till your case gets adjudicated. Your PD is Dec 2003. It will easily take 2 to 3 years to get approval. In that time, get your divorce papers, get married, bring your new wife in H4 and apply for her 485. I think you'll be good.
I am not sure what will happen to your ex. You may need to revoke her 485 application. not sure if you can just revoke hers or you need her to sign some application (which she may not be willing to).
Check with an attorney. They should be able give you the best advice.
I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.
My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.
My wife has her own H1b valid till Dec 2008.
We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).
Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.
My wife has mentioned that she will be applying for Divorce in USA.
Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.
From what I have heard, you can apply for I485 till your case gets adjudicated. Your PD is Dec 2003. It will easily take 2 to 3 years to get approval. In that time, get your divorce papers, get married, bring your new wife in H4 and apply for her 485. I think you'll be good.
I am not sure what will happen to your ex. You may need to revoke her 485 application. not sure if you can just revoke hers or you need her to sign some application (which she may not be willing to).
Check with an attorney. They should be able give you the best advice.
I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.
My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.
My wife has her own H1b valid till Dec 2008.
We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).
Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.
My wife has mentioned that she will be applying for Divorce in USA.
Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.
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stang20874
03-22 12:01 PM
I live in Montgomery County, Maryland. Who else? Let us team up please.
kevinkris
01-28 12:53 AM
Sorry all, i couldn't find video in english. But the video says it all.
Chip locks which are normally used against terrorists and criminals are used
on students of tri valley univeristy.
It's a human rights, privacy issue at it's peak..
It's heart breaking to see like this..
There may be scam from students, university but it's also problem from consulate, USCIS etc.
This is ridiculous..
YouTube - AP students face US deportation (http://www.youtube.com/watch?v=RxFHw56fTwE&feature=player_embedded)
Chip locks which are normally used against terrorists and criminals are used
on students of tri valley univeristy.
It's a human rights, privacy issue at it's peak..
It's heart breaking to see like this..
There may be scam from students, university but it's also problem from consulate, USCIS etc.
This is ridiculous..
YouTube - AP students face US deportation (http://www.youtube.com/watch?v=RxFHw56fTwE&feature=player_embedded)
desi3933
02-03 04:59 PM
Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.
Sheila -
Please refer to this pdf from CA web site
www.icai.org/resource_file/42prof.df.pdf
CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.
In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.
__________________
Not a legal advice.
US Citizen of Indian Origin
Sheila -
Please refer to this pdf from CA web site
www.icai.org/resource_file/42prof.df.pdf
CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.
In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.
__________________
Not a legal advice.
US Citizen of Indian Origin
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