Big Tom
07-01 10:49 AM
So, even if USCIS now decides to stop processing/approving AOS based on the limited number of available visa - my understaning is that "we" are at least on top of the list and once visa become available again, the AOS will be approved - so, in worst case another three to four months wait? After five years of processing time(s) I can live with that...
Another question that came up was once the AOS was not approved, do you have to file again or does the current dis-approval have any negative effect on the process (except for of course the wait time)?
Tom
Another question that came up was once the AOS was not approved, do you have to file again or does the current dis-approval have any negative effect on the process (except for of course the wait time)?
Tom
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alapkd
06-19 12:14 AM
Hi I am not exactly in similar situation but still relevant in the context. I have labor and I-140 cleared but my wife is working in India and she may not be able to come back in order to file I-485 within a month or two. If I file I-485 for myself can I file for her later? What will be the consequences and what are the timelines? I have a valid H1 Extension till May 2010. Can she still get this extension stamped and return on H4 visa?
fromnaija
01-16 09:57 AM
Thanks for your reply. Yes you are right but though I had the choice I was not allowed to enter on H1. Now when my AP is expiring on 01/26/2007 would it mean I may go out of status even if I have a valid h1 till 06/01/2007?
No, you will not be out of status. It only means you won't be able to travel out and re-enter after 01/26/2007 without obtaining another AP.
No, you will not be out of status. It only means you won't be able to travel out and re-enter after 01/26/2007 without obtaining another AP.
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bajrangbali
06-10 10:23 PM
You are doing the right thing. Fraud should be stopped. On top of that, it is directly affecting you and you have even more compelling reasons to take action against it. Good luck and keep us posted.
Posting the follow-up process you went through would help most other members who have been giving you overwhelming greens :rolleyes: take some action as well...
Posting the follow-up process you went through would help most other members who have been giving you overwhelming greens :rolleyes: take some action as well...
more...
gcsomeday
08-22 03:28 PM
http://immigration-information.com/forums/blog.php?b=13
The second paragraph from the link says that the new spill-over policy is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.
"...after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first..."
I wonder what additional legislation he is talking about here. Was there anything new we know about? If consultation means finding the intent of congress I wonder how much of it is BS.
This whole thing does not look objective. Even if it is, in all likelihood we are getting screwed by something that can possibly be changed again under the right circumstances.
The second paragraph from the link says that the new spill-over policy is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.
"...after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first..."
I wonder what additional legislation he is talking about here. Was there anything new we know about? If consultation means finding the intent of congress I wonder how much of it is BS.
This whole thing does not look objective. Even if it is, in all likelihood we are getting screwed by something that can possibly be changed again under the right circumstances.
FinalGC
01-07 11:18 PM
>>>>I earnestly urge you to implement these administrative remedies without delay, otherwise many immigrant families who came to USA legally to become a part of the �American Dream�, will continue to stay in a limbo. Your help is urgently needed. Your action will also fulfill your stated goal of attracting and retaining highly-skilled legal immigrants from around the world, eliminating bureaucratic inefficiency, and improving the lives of future Americans already living and working legally in the United States.<<<<<
more...
prinive
07-09 08:33 PM
he and his some of his staffs are member of IV. {shhhhh that is a secret}
How did he came to know about this, where as many big media heads are unaware of this........any idea?
How did he came to know about this, where as many big media heads are unaware of this........any idea?
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gc_on_demand
09-09 12:01 PM
Called up all the above
~~~
~~~
more...
pappu
08-04 06:10 PM
more info
http://www.fbi.gov/congress/congress03/garrity071003.htm
Compare the times with the latest ombudsman report.
==========
FBI name checks blamed for immigration benefits delays
http://www.govexec.com/dailyfed/0607/062207e1.htm
By Elizabeth Newell enewell@nationaljournal.com June 22, 2007
The ombudsman for U.S. Citizenship and Immigration Services, in a report released last week, cited the untimely completion of FBI name checks as a primary cause of delays in granting immigration benefits to applicants.
"FBI name checks, one of the security screening tools used by USCIS, continue to significantly delay adjudication of immigration benefits for many customers, hinder backlog reduction efforts and may not achieve their intended national security objectives," USCIS ombudsman Prakash said in his annual report, presented to the House and Senate Judiciary committees on June 11.
According to the report, 64 percent of the 329,160 FBI name check cases pending from USCIS have been waiting more than 90 days, and 32 percent are more than one year old. There are more than 31,000 cases that have been pending longer than 33 months.
In his report, said the name check delays are caused by the fact that some require manual review by the FBI and the agency does not have the resources to complete these reviews quickly.
In an e-mail to Government Executive, FBI spokesman Paul Bresson said the National Name Check Program is doing a number of things to improve the process, including scanning documents to build an electronic records system and testing textual analysis software to reduce the need for manual review.
The FBI also is working to develop a Central Records Complex to house paperwork and files.
"Currently, paper files [and] information must be retrieved from over 265 locations throughout the FBI," Bresson said. "The CRC will expedite access to information contained in billions of documents that are currently manually accessed in locations around the U.S. and world."
To decrease the FBI workload, recommended that USCIS adopt a risk-based approach to name checks, allowing the FBI to focus its limited resources on applicants posing the greatest threat. Currently, all immigration and naturalization applicants go through the name-check process.
"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," said in his report.
He said in an interview that while the safety of U.S. citizens is the primary concern of the Homeland Security Department, of which USCIS is a part, it is crucial to use a risk management model to ensure that resources are allocated logically.
"That has to be used as the filtration system to really look at any of our protective measures," said. "There are times when protection can come at such a cost that it's just not worth spending that much money in that area, that it's better to spend it where we can have more effect."
The process of applying for immigrant benefits includes a number of other background checks, and 's report questioned whether the FBI name checks are useful in their current form, especially given the delay they cause.
He said he agrees with USCIS case workers and field office supervisors 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."
This is the fourth annual report from the ombudsman, whose position was established under the 2002 Homeland Security Act. The act requires the ombudsman to submit annual reports to Congress identifying serious and pervasive problems within USCIS and making recommendations to fix them. The agency is obligated to respond formally to the annual report within three months.
While says he received last year's response more than eight months late, USCIS acknowledged receipt of the report and an agency spokesperson said officials are in the process of reviewing the recommendations.
http://www.govexec.com/dailyfed/0607/062207e1.htm
==============
http://www.fbi.gov/congress/congress03/garrity071003.htm
Compare the times with the latest ombudsman report.
==========
FBI name checks blamed for immigration benefits delays
http://www.govexec.com/dailyfed/0607/062207e1.htm
By Elizabeth Newell enewell@nationaljournal.com June 22, 2007
The ombudsman for U.S. Citizenship and Immigration Services, in a report released last week, cited the untimely completion of FBI name checks as a primary cause of delays in granting immigration benefits to applicants.
"FBI name checks, one of the security screening tools used by USCIS, continue to significantly delay adjudication of immigration benefits for many customers, hinder backlog reduction efforts and may not achieve their intended national security objectives," USCIS ombudsman Prakash said in his annual report, presented to the House and Senate Judiciary committees on June 11.
According to the report, 64 percent of the 329,160 FBI name check cases pending from USCIS have been waiting more than 90 days, and 32 percent are more than one year old. There are more than 31,000 cases that have been pending longer than 33 months.
In his report, said the name check delays are caused by the fact that some require manual review by the FBI and the agency does not have the resources to complete these reviews quickly.
In an e-mail to Government Executive, FBI spokesman Paul Bresson said the National Name Check Program is doing a number of things to improve the process, including scanning documents to build an electronic records system and testing textual analysis software to reduce the need for manual review.
The FBI also is working to develop a Central Records Complex to house paperwork and files.
"Currently, paper files [and] information must be retrieved from over 265 locations throughout the FBI," Bresson said. "The CRC will expedite access to information contained in billions of documents that are currently manually accessed in locations around the U.S. and world."
To decrease the FBI workload, recommended that USCIS adopt a risk-based approach to name checks, allowing the FBI to focus its limited resources on applicants posing the greatest threat. Currently, all immigration and naturalization applicants go through the name-check process.
"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," said in his report.
He said in an interview that while the safety of U.S. citizens is the primary concern of the Homeland Security Department, of which USCIS is a part, it is crucial to use a risk management model to ensure that resources are allocated logically.
"That has to be used as the filtration system to really look at any of our protective measures," said. "There are times when protection can come at such a cost that it's just not worth spending that much money in that area, that it's better to spend it where we can have more effect."
The process of applying for immigrant benefits includes a number of other background checks, and 's report questioned whether the FBI name checks are useful in their current form, especially given the delay they cause.
He said he agrees with USCIS case workers and field office supervisors 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."
This is the fourth annual report from the ombudsman, whose position was established under the 2002 Homeland Security Act. The act requires the ombudsman to submit annual reports to Congress identifying serious and pervasive problems within USCIS and making recommendations to fix them. The agency is obligated to respond formally to the annual report within three months.
While says he received last year's response more than eight months late, USCIS acknowledged receipt of the report and an agency spokesperson said officials are in the process of reviewing the recommendations.
http://www.govexec.com/dailyfed/0607/062207e1.htm
==============
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gautamkini
06-18 01:58 PM
NO They have to be in the US for AOS filing.
can i get her here on tourist visa and file for I485...my H1B extension is in process. the lawyer said it may take 4 months.. it was filed 15 days ago...
gautam
can i get her here on tourist visa and file for I485...my H1B extension is in process. the lawyer said it may take 4 months.. it was filed 15 days ago...
gautam
more...
pop
01-20 11:28 PM
Not necessary. But, not everyone entered with the visa. We are talking about the entry with the AP and H-1B approval has not expired yet. You have been answered.
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gvenkat
09-23 08:20 PM
Yes I am curious to know where eb-3 would be next year last quater
If there are 62K Eb-3 India applications I'm sure no one can file anything for Eb-3 what stops USCIS from clearing these.. This Data is flawed or If we are reading this wrong
If there are 62K Eb-3 India applications I'm sure no one can file anything for Eb-3 what stops USCIS from clearing these.. This Data is flawed or If we are reading this wrong
more...
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Prashant
09-10 12:04 PM
Thanks bud!, it changed me from red to green :)
Let me give you a green buddy and see if it changes something for you.
Folks please call it all counts.
.................................................. .
$470 + made calls to all congressmen/women on the HR5882 list.
Go IV Go.....
Let me give you a green buddy and see if it changes something for you.
Folks please call it all counts.
.................................................. .
$470 + made calls to all congressmen/women on the HR5882 list.
Go IV Go.....
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vikki76
10-13 04:42 PM
I was able to contact NSC using POJ today. Got same response- File is with IO for review.
more...
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lazycis
10-18 01:27 PM
I am not sure that even simple letters get thru. Neither Mr. Cannon nor Mr. Hooton responded to my letters. Mr. Cannon, however, responded to the inquiry sent from President's office. His reply was brief. Rest assured, he wrote, your name check will be completed before the next eon :)
I am not able to attach part of the declaration describing NNCP and USCIS name check. It's a PDF file, about 600K. Are there any limitations on attachments?
I am not able to attach part of the declaration describing NNCP and USCIS name check. It's a PDF file, about 600K. Are there any limitations on attachments?
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kgundamaraju@hotmail.com
05-22 09:39 AM
Would anyone be able to advise if I can travel out of the country after I've filed the 485 if I have an approved I-797 approval notice (for H-1B) but old H-1B stamp in pp has already expired?
If I travel out and then get the H-1B visa stamp at an outside consulate, I would be able to travel back in, but would I have considered have abandoned the 485 application? (since I travelled out without a valid H-1B stamp in pp)??
Can I travel out even before my AP arrives? Or does having an AP make a difference? I would prefer to stay on H-1B status since you never know what happens to the 140/485 application.
Thanks for the help guys.
I am in the same situation as yours. The visa stamp on my passport expired last year and I have an approved I-797, which is valid till Oct'07. I am planning to file for I-485 on June 1st and I want to travel to India as soon as I can. My attorney's advise was to wait for receipt of I-485 application and then travel to India and get H-1B stamped on my passport from a US consulate in India. According to him this is not considered as abandoning I-485.
If I travel out and then get the H-1B visa stamp at an outside consulate, I would be able to travel back in, but would I have considered have abandoned the 485 application? (since I travelled out without a valid H-1B stamp in pp)??
Can I travel out even before my AP arrives? Or does having an AP make a difference? I would prefer to stay on H-1B status since you never know what happens to the 140/485 application.
Thanks for the help guys.
I am in the same situation as yours. The visa stamp on my passport expired last year and I have an approved I-797, which is valid till Oct'07. I am planning to file for I-485 on June 1st and I want to travel to India as soon as I can. My attorney's advise was to wait for receipt of I-485 application and then travel to India and get H-1B stamped on my passport from a US consulate in India. According to him this is not considered as abandoning I-485.
more...
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crystal
07-29 07:24 AM
Some info on Gnadhigiri
Gandhigiri discussed in detail on NPR long before.Link below
http://stream.publicbroadcasting.net/ros/open_source_061127.mp3
Gandhigiri discussed in detail on NPR long before.Link below
http://stream.publicbroadcasting.net/ros/open_source_061127.mp3
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bp333
03-10 01:12 PM
Hello every one,
I am starting this thread for all of us not to just think about the GC process. If any one is residing here for 10 years without GC, think about making a law which can lead us to Citizenship. My thoughts on this:
Many of our colleagues who landed with us during the late 90s (1998, 1999) and early 2000, who got their GC without any issues are now Citizens or waiting to become Citizen soon.
What is our status?. Just think. Still we are strugling to get the GC. Even by law change, if we are getting the GC this year (by GOD's Grace), then we need to wait for another 5 years from now (approximately 2014). Many persons like me who have come to this Country in their later career will be very much affected due to this delay (we have lot of other issues like the dependents reaching the age of 21 etc., College, University fees etc.,).
Core team and every one, please consider this and try to lobby for getting the citizenship without further wait if the persons satisfy the folowing conditions:
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.
Please again do not just concentrate on the GC issues. Consider this and if any one can come with a letter draft with legal openion, we can send it to all Congress members, State Governers etc.,
Hope the members and the Core team consider this issue. I have one more thread on this, which I started some months back but the response was not that good. If every one of us unite on this and raise this to the Congress, I think the new Government may consider as this is very genuine.
Agree with this approach. I'd rather ask big and settle for less than ask for less and settle for nothing! We really need to emphasize the point that we have been here for years legally paying taxes, other fees imposed on us NOT knowing the end state. Remember only the squeaky wheel gets the greese. More over there is never a good time, at least I have not seen one in the past 13 years, time always bring new challenges and issues but unless we speak up we dont make it to their priority list for consideration.
I am starting this thread for all of us not to just think about the GC process. If any one is residing here for 10 years without GC, think about making a law which can lead us to Citizenship. My thoughts on this:
Many of our colleagues who landed with us during the late 90s (1998, 1999) and early 2000, who got their GC without any issues are now Citizens or waiting to become Citizen soon.
What is our status?. Just think. Still we are strugling to get the GC. Even by law change, if we are getting the GC this year (by GOD's Grace), then we need to wait for another 5 years from now (approximately 2014). Many persons like me who have come to this Country in their later career will be very much affected due to this delay (we have lot of other issues like the dependents reaching the age of 21 etc., College, University fees etc.,).
Core team and every one, please consider this and try to lobby for getting the citizenship without further wait if the persons satisfy the folowing conditions:
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.
Please again do not just concentrate on the GC issues. Consider this and if any one can come with a letter draft with legal openion, we can send it to all Congress members, State Governers etc.,
Hope the members and the Core team consider this issue. I have one more thread on this, which I started some months back but the response was not that good. If every one of us unite on this and raise this to the Congress, I think the new Government may consider as this is very genuine.
Agree with this approach. I'd rather ask big and settle for less than ask for less and settle for nothing! We really need to emphasize the point that we have been here for years legally paying taxes, other fees imposed on us NOT knowing the end state. Remember only the squeaky wheel gets the greese. More over there is never a good time, at least I have not seen one in the past 13 years, time always bring new challenges and issues but unless we speak up we dont make it to their priority list for consideration.
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gc_on_demand
09-16 11:33 AM
http://judiciary.house.gov/hearings/calendar.html cliclk on hearing related to FBI
grupak
03-27 04:34 PM
The Federal government has a whole agency to protect people against such discrimination, and we are here speculating on nuances. If somebody denied you employment on EAD, just talk to them and see what they say. You don't need anything in writing.
Agree. Most of us are not lawyers. Why add another job duty? The only legal document that I ever sign concerning employment is the I-9. It say discriminating EAD is illegal, and should be reported. Just go with that to the govt. As it is we are spending so much time to just maintain legal status. Let DOJ, DHS do their job, and not worry about every single detail.
Tell me whats the point of IV fighting for multi-year EAD (maybe good news is around the corner) if employers won't take it.
Agree. Most of us are not lawyers. Why add another job duty? The only legal document that I ever sign concerning employment is the I-9. It say discriminating EAD is illegal, and should be reported. Just go with that to the govt. As it is we are spending so much time to just maintain legal status. Let DOJ, DHS do their job, and not worry about every single detail.
Tell me whats the point of IV fighting for multi-year EAD (maybe good news is around the corner) if employers won't take it.
hinvin66
09-20 01:34 PM
Hi pat123
The details are:
RD: 8/07/2007
ND: 9/17/2007
Hi hinvin66,
What is your I 485
NOTICE DATE? IS It 9/18/2007?
The details are:
RD: 8/07/2007
ND: 9/17/2007
Hi hinvin66,
What is your I 485
NOTICE DATE? IS It 9/18/2007?
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