willgetgc2005
05-03 08:06 PM
bumping up
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casinoroyale
01-25 10:22 AM
Emirates is good. No TV hassels. JFK to HYD trip is good because it starts at 11pm but on the way back it was little painful because you start your journey at 4 am in the morning and if you are a person like me who can't sleep at irregular hours, then it can become painful sitting for long time in the flight.
We are planning to make a trip to Hyderabad, India along with my wife and my little baby boy. After reading all of your experiences, I am not sure which one should I opt for. We have an expired Visa on passport, planning to Use AP. As we are travelling first time with the little baby boy, I am looking for some hassle free flying. I stay pretty closer to Harrisburg, PA ...thanks
We are planning to make a trip to Hyderabad, India along with my wife and my little baby boy. After reading all of your experiences, I am not sure which one should I opt for. We have an expired Visa on passport, planning to Use AP. As we are travelling first time with the little baby boy, I am looking for some hassle free flying. I stay pretty closer to Harrisburg, PA ...thanks
vls
05-14 04:20 PM
I am a dependent of my husband's process - my PD is now current, is it possible to switch and have an I-485 application where I am the primary applicant and he is the dependent, so we do not depend on his company anymore?
I do not want to take anyone's else opportunity by getting another A#, just want to know if there is a way to switch the roles.
Thanks!
I do not want to take anyone's else opportunity by getting another A#, just want to know if there is a way to switch the roles.
Thanks!
2011 Robert Pattinson and Kristen
Canadianindian
07-09 09:00 PM
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
Smita, you are propogating an incorrect and baseless thought. First, should we not stand up for what is legally ours; be it GC or any other right. There is no shame is demanding what you deserve. Would you not retaliate if a wrong was done to you or your family. The days of British Raj are gone, dear. Grow up and stand for your right, and don't be ashamed.
Second, all the efforts from this community are making much much noice- as in getting media attention. Even if we don't see immediate benefits, others would. So, think for others and long term
Third, don't be a pessimist. you don't get arrested for peaceful rallies. There is still law and order in US. And, please do not discourge us.
Last, please join the folks in rallies and other efforts.
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
Smita, you are propogating an incorrect and baseless thought. First, should we not stand up for what is legally ours; be it GC or any other right. There is no shame is demanding what you deserve. Would you not retaliate if a wrong was done to you or your family. The days of British Raj are gone, dear. Grow up and stand for your right, and don't be ashamed.
Second, all the efforts from this community are making much much noice- as in getting media attention. Even if we don't see immediate benefits, others would. So, think for others and long term
Third, don't be a pessimist. you don't get arrested for peaceful rallies. There is still law and order in US. And, please do not discourge us.
Last, please join the folks in rallies and other efforts.
more...
test101
07-09 06:57 PM
We should support this actually and do something nice and thoutfull for the injured men and patients. We should support that and enforce more media attention to this.
purplehazea
05-17 11:29 AM
You basically get an I131 which has all your immi information on it. It also includes your photo and validity period. There is also an area for stamping it when you re-enter the country. I hope this helps.
more...
indio0617
06-21 03:15 PM
What to enter in Part 16 in form I-765(EAD)
16. Go to Part 2 of the Instructions, Eligibility Categories. In the space below, placethe letter and number of the category you selected from the instructions (Forexample, (a)(8), (c)(17)(iii), etc.).
Please let me know
Normally for adjustment of status it is ( c) (9) within the brackets. Read page 4 in the instructions.
16. Go to Part 2 of the Instructions, Eligibility Categories. In the space below, placethe letter and number of the category you selected from the instructions (Forexample, (a)(8), (c)(17)(iii), etc.).
Please let me know
Normally for adjustment of status it is ( c) (9) within the brackets. Read page 4 in the instructions.
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lord_labaku
11-20 11:43 AM
I dont think it will affect your GC at all. But it will greatly affect your credit history. That being said....foreclosure probably is the easily viable option when you have a large negative equity & have to sell the house.
Wonder why we are in this real estate mess??
Wonder why we are in this real estate mess??
more...
hariswaminathan
06-29 06:25 PM
At the cost of being bombarded by every one in this forum,
if the VB bulletin is indeed "retrogressed" to Pre madness - back to what was supposed to be the next jump from June 2003 (perhaps 6 months or more for EB3 and 2005 for EB2), this would actually be a good thing in my opinion.
What they did by making the VB current is going to have serious consequences a few months down the line. People who have been waiting for years may still not get their turn in line, while others simply jump ahead and take away the visa numbers. People are excited at the short term benefits of EAD/AP but we must look at the long term effects also.
I believe (and im entitled to my own beliefs ) that if anything, USCIS/DOS have actually finally figured out their mistake of making everything current and are now back tracking to what would be a decent situation instead of the floodgates being opened. I dont believe it has anything to do with conspiracy theories or CIR or any such thing.
And btw - i would be one of those people who spent money to get ready for the floodgates and i would also be one of those that gets stuck!
if the VB bulletin is indeed "retrogressed" to Pre madness - back to what was supposed to be the next jump from June 2003 (perhaps 6 months or more for EB3 and 2005 for EB2), this would actually be a good thing in my opinion.
What they did by making the VB current is going to have serious consequences a few months down the line. People who have been waiting for years may still not get their turn in line, while others simply jump ahead and take away the visa numbers. People are excited at the short term benefits of EAD/AP but we must look at the long term effects also.
I believe (and im entitled to my own beliefs ) that if anything, USCIS/DOS have actually finally figured out their mistake of making everything current and are now back tracking to what would be a decent situation instead of the floodgates being opened. I dont believe it has anything to do with conspiracy theories or CIR or any such thing.
And btw - i would be one of those people who spent money to get ready for the floodgates and i would also be one of those that gets stuck!
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jasmin45
12-08 09:16 AM
Great job MACACA! you are the man!
These are interesting facts.
These are interesting facts.
more...
Bpositive
02-10 01:33 PM
Bpositive, thanks very much for the verification. At first, I thought my friend was just scaring me by suggesting the senator/congressman route, but seeing your case now I feel foolish as I should've been doing this in early January. I will check my status tomorrow (monday) with the Delhi consulate once more, and then, if need be (fingers crossed), will talk to my boss in Houston about your suggestions regarding congressman's letter. By the way, what if I call DOS tomorrow and they say the I've been cleared, would it still make sense to have congressman approach them? Too many questions, I know, but I guess you know this feeling. Thanks again.
the first contact for the congressman's office is the relevant consulate. so it doesn't hurt. it is a simple process. your boss has to sign a confidentiality release document for you and attach a cover letter. to help your boss, identify the congressman, go to the congressman's website and find out where the forms are, write a draft cover letter etc . you can do this yourself i.e enquire as a constituent just in case you don't want to involve your boss. i think it may be better that it goes through your boss
the first contact for the congressman's office is the relevant consulate. so it doesn't hurt. it is a simple process. your boss has to sign a confidentiality release document for you and attach a cover letter. to help your boss, identify the congressman, go to the congressman's website and find out where the forms are, write a draft cover letter etc . you can do this yourself i.e enquire as a constituent just in case you don't want to involve your boss. i think it may be better that it goes through your boss
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Brightsider
09-25 11:12 AM
I saw this link Murthy's email too. The total pre-adjudicated cases in the chart is matching with the total in the document. Well now there are more un-answered questions:
1. Does all other pending 485 include employment based ? If yes what % are employment based ? Obviously we do not have any country specific data on these.
2. Is there any way to know whether individual case is pre-adjudicated or not ?
USCIS has fooled us again. No good statistical analysis can be done on incomplete/inaccurate data. I am going from hopeful to hopeless again. I am EB2-I Feb 2006.
Thanks a lot for staying on top of this and posting your analysis.
Guys,
If I may suggest.
Take a look at the pending 1-130 (Pref). Over 800k are pending and adjudication has been deferred in those cases. Those are FB cases for sure. Now if USCIS has deferred action in those cases, can we infer that all the 279k I-485 cases relate only to EB? Cant say for sure.
However as it was pointed out in another forum, Texas and Nebraska process only EB cases. In their cases, the rate of preadjudication is very high....over 90% in Texas. I cant fathom the Nebraska numbers.
The preadjudication numbers, in my opinion, are of the EB cases. The data, on the whole, needs to be explained by USCIS, better.
1. Does all other pending 485 include employment based ? If yes what % are employment based ? Obviously we do not have any country specific data on these.
2. Is there any way to know whether individual case is pre-adjudicated or not ?
USCIS has fooled us again. No good statistical analysis can be done on incomplete/inaccurate data. I am going from hopeful to hopeless again. I am EB2-I Feb 2006.
Thanks a lot for staying on top of this and posting your analysis.
Guys,
If I may suggest.
Take a look at the pending 1-130 (Pref). Over 800k are pending and adjudication has been deferred in those cases. Those are FB cases for sure. Now if USCIS has deferred action in those cases, can we infer that all the 279k I-485 cases relate only to EB? Cant say for sure.
However as it was pointed out in another forum, Texas and Nebraska process only EB cases. In their cases, the rate of preadjudication is very high....over 90% in Texas. I cant fathom the Nebraska numbers.
The preadjudication numbers, in my opinion, are of the EB cases. The data, on the whole, needs to be explained by USCIS, better.
more...
house Robert Pattinson and Kristen
factoryman
05-21 08:47 PM
Be ready with the following supporting documents. My attorney asked the following:
1. Personal Details -
(Travel Plans in the next 3 months, Moving Plans in the next 6 months, Contact Information, Passport and I-94 info, Employment Hisotry - Last 5 years+ Last job ouside US, Residence History - Last 5 years + last residence outside US, LC, I-140, EAD and details, and a few other questions, etc)
2. Passport copies- all pages, current, all old.
3. All I-20, I-94, I-797, LC, I-140 copies
4. Birth Certificates or Birth Affidavits
5. Marriage Certificate or Marriage Affidavits -
6. Sealed Medical Exam Cover - I-693
7. 6 photos for adults ( 4 if under 14)
8. Photocopy of current I-94
9. Divorce Certificate (if applicable)
Happy Filing.
Friends,
With the June visa bulletin, my priority date became current. My Labor and 140 already approved. When can I apply for I485? After May 31 or before May 31.
Thanks for your help.
RAJ
1. Personal Details -
(Travel Plans in the next 3 months, Moving Plans in the next 6 months, Contact Information, Passport and I-94 info, Employment Hisotry - Last 5 years+ Last job ouside US, Residence History - Last 5 years + last residence outside US, LC, I-140, EAD and details, and a few other questions, etc)
2. Passport copies- all pages, current, all old.
3. All I-20, I-94, I-797, LC, I-140 copies
4. Birth Certificates or Birth Affidavits
5. Marriage Certificate or Marriage Affidavits -
6. Sealed Medical Exam Cover - I-693
7. 6 photos for adults ( 4 if under 14)
8. Photocopy of current I-94
9. Divorce Certificate (if applicable)
Happy Filing.
Friends,
With the June visa bulletin, my priority date became current. My Labor and 140 already approved. When can I apply for I485? After May 31 or before May 31.
Thanks for your help.
RAJ
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bank_king2003
09-15 12:36 PM
Can you pl tell the Service center ? Is it NSC or TSC
-Thanks
Neither NSC nor TSC. My case was at USCIS San Francisco Local Office.
good luck to you i see your PD Current
-Thanks
Neither NSC nor TSC. My case was at USCIS San Francisco Local Office.
good luck to you i see your PD Current
more...
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kanakabyraju
08-20 11:12 AM
Here is the link
Vonage - Residential Calling Plans - Premium Unlimited Plan (http://www.vonage.com/residential_calling_plans/vonage_world/?refer_id=WEBHB090201001W1)
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gg_ny
08-09 04:07 PM
You missed my point entirely. The better thing for everybody is to decouple the namecheck from the green card so that the name check can go on for as long as the FBI desires while you get the green card which can be revoked if the name check fails. To get a large government agency to spin their wheels faster so that some foreigners benefit in a post 9/11 world is a lunatic and impractical way of thinking.
Will all due respects, I did not miss your point; I completely understand it. But the reality is that, GC is one step away from citizenship and all constitutional rights. Even with BG checks if wrong people enter, how worse it would be - even if it is just an "interim GC" - without full BG checks. No sane citizen of any country would buy that kind of argument for his or her country. Rather, if you say 'I would pay for you to do your job better', then
you would have audience.
According to FBI, it is not a pathological procrastinator or diabolically negative to immigration like CIS. Their job is not to count the immigrants, rather to make sure right people come in. They are overwhelmed by the demand and limited by staff numbers. Help them to increase their efficiency by adding more numbers to their staff. Similar arguments went thru the Congress like a cakewalk when USCIS recommended increase in visa/immigration fees: "more fees, more revenue, more employees, more productivity". With CIS, i have no hope for any intrinsic improvement anytime soon even with more millions. But one can still have hopes on FBI.
With few 100,000 new applicants in the past 2 months, it would be a joke to ask FBI to skip the BG check and give them all GC. It is going to be more sadder joke on us, when this flood of new applicants start pulling down the name check process to oblivion. There are going to be more people among the new applicants stuck with BG checks in the next 2-4 years than ever had been.
Will all due respects, I did not miss your point; I completely understand it. But the reality is that, GC is one step away from citizenship and all constitutional rights. Even with BG checks if wrong people enter, how worse it would be - even if it is just an "interim GC" - without full BG checks. No sane citizen of any country would buy that kind of argument for his or her country. Rather, if you say 'I would pay for you to do your job better', then
you would have audience.
According to FBI, it is not a pathological procrastinator or diabolically negative to immigration like CIS. Their job is not to count the immigrants, rather to make sure right people come in. They are overwhelmed by the demand and limited by staff numbers. Help them to increase their efficiency by adding more numbers to their staff. Similar arguments went thru the Congress like a cakewalk when USCIS recommended increase in visa/immigration fees: "more fees, more revenue, more employees, more productivity". With CIS, i have no hope for any intrinsic improvement anytime soon even with more millions. But one can still have hopes on FBI.
With few 100,000 new applicants in the past 2 months, it would be a joke to ask FBI to skip the BG check and give them all GC. It is going to be more sadder joke on us, when this flood of new applicants start pulling down the name check process to oblivion. There are going to be more people among the new applicants stuck with BG checks in the next 2-4 years than ever had been.
more...
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wc_user
10-13 04:25 PM
yes. I did. I have sent them an e-mail mentioning the delay.
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gcnirvana
06-21 12:40 PM
Its just sad that when it comes to processing immigration applications, we are too many. But when it comes to contributions or calling senators and sending emails, WE ARE TOO FEW :confused:
Yes it is serious.....and given how many people are raring to go.....it islikely...
As I have said before......we r just too many!!!!
Yes it is serious.....and given how many people are raring to go.....it islikely...
As I have said before......we r just too many!!!!
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pappu
08-04 06:38 PM
http://triceiver.com/USCIS_Background_Security_Check_Immigration.aspx
USCIS Background Security Checks
Copyright � Triceiver.com
The United States Citizenship and Immigration Services (USCIS) conducts security checks on all applicants seeking immigration benefit. Both green card and citizenship applications are subject to such scrutiny. Regardless of whether you file I-485 or seek Consular Processing, employment or family based, your case will not be approved unless several levels of background checks have been cleared.
However, there are currently a vast number of applications stuck in this process, waiting from months to several years. This has created tremendous anxiety among people affected, largely due to concerns over an unknown future and the lack of communications offered by authorities.
Since 2002, USCIS has increased the number and scope of background checks. There are typically three types of investigations, but USCIS may conduct other reviews if necessary.
IBIS Name Check
According to USCIS, “The Interagency Border Inspection System (IBIS) … combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns.” It is usually a rather quick process, as USCIS can access information from these multiple government agencies electronically. The result is usually available immediately. However, it is not uncommon for this process to take several months as reported by the immigration community.
FBI Fingerprint Check
After submitting an immigration petition, the applicant will receive a fingerprint notice. The applicant is required to go to a nearby USCIS facility and have fingerprints, signature and photo taken. The information is then transmitted to the FBI to check for any criminal records. This is another quick process, and result is usually sent back to the USCIS within 24 - 48 hours.
However, if one’s fingerprint matches a record, the FBI will forward an electronic copy of the criminal history (RAP sheet) to USCIS. An immigration officer will then review the information to see what effects it may have on the particular case. In case of previous arrests or charges, it is important to consult an attorney to ensure the accuracy of information in I-485 Adjust of Status applications.
The USCIS finger print notices will contain a code number, which represents what information is to be collected:
Code 1: 10 fingerprints
Code 2: Thumb finger print, photo and signature
Code 3: 10 fingerprints, photo and signature (code 1 + code 2)
Do not miss the fingerprint appointment. If you can’t make it, call the phone number in the notice to reschedule. If you didn’t receive the notice and got a Notice of Intent to Deny (NOID), respond before the deadline to explain your situation. Sometimes you may want to do the fingerprints early, and most service centers will allow walk-in if they are not busy. But make sure you bring the notice, which will be stamped and given back to you as a receipt.
The USCIS may request a second or third fingerprint appointment during the I485 process. The reason is that fingerprint results do expire, and USCIS still lose or misplace files. It is not uncommon for an applicant to do a code 3 fingerprint check, then just a few months later asked to do another one. Sometimes the last fingerprint check is mainly for supplying a digital photo in order to produce the green card; unfortunately this is not always the case.
Fingerprint checks are performed by the FBI's Criminal Justice Information Services (CJIS) in West Virginia. Our "How to contact USCIS and FBI" page lists their main phone number, but it is only useful to check whether FP was completed (not the actual results). Also note that fingerprint check is totally different from the FBI name check discussed below.
FBI Name Check
The FBI name check has been the source of most delays in the background check process. It is often confused with fingerprint check, but in fact is a completely different process. The FBI compares an applicant’s name, as well as variations and fragments of the name, against a large collection of “administrative, applicant, criminal, personnel and other files compiled by law enforcement.” The USCIS Fact Sheet reported that 80% of inquiries found no match and initial responses take about 2 weeks to receive from the FBI. Most of the remaining 20% cases are resolved within six months, and only less than 1% of cases take longer than six months complete FBI name check.
However, despite the small percentage, the total number of cases delayed by name check is still significant. According to USCIS Ombudsman’s 2006 annual report, “as of May 2006, USCIS reported 235,802 FBI name checks pending, with approximately 65 percent (153,166) of those cases pending more than 90 days and approximately 35 percent (82,824) pending more than one year.” The 2007 report released in June showed similar percentages, but the total number was even more daunting: 106,738 cases have been pending for more than one year. The Ombudsman also pointed out that:
“FBI name checks….significantly delay adjudication of immigration benefits for many customers, hinder backlog reductions efforts, and may not achieve their intended national security objectives.” and
“Stakeholder organizations and USCIS personnel across the country also regularly raise the issue of FBI name check delays as the most pervasive problem preventing completion of cases.”
Although some cases, such as EAD, AP and I-140, don't require FBI name check before approval, all green card applications (mostly I-485) must go through this process. And that is what people concern the most. So for this reason we will be discussing FBI name check separately on the next page.
USCIS Background Security Checks
Copyright � Triceiver.com
The United States Citizenship and Immigration Services (USCIS) conducts security checks on all applicants seeking immigration benefit. Both green card and citizenship applications are subject to such scrutiny. Regardless of whether you file I-485 or seek Consular Processing, employment or family based, your case will not be approved unless several levels of background checks have been cleared.
However, there are currently a vast number of applications stuck in this process, waiting from months to several years. This has created tremendous anxiety among people affected, largely due to concerns over an unknown future and the lack of communications offered by authorities.
Since 2002, USCIS has increased the number and scope of background checks. There are typically three types of investigations, but USCIS may conduct other reviews if necessary.
IBIS Name Check
According to USCIS, “The Interagency Border Inspection System (IBIS) … combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns.” It is usually a rather quick process, as USCIS can access information from these multiple government agencies electronically. The result is usually available immediately. However, it is not uncommon for this process to take several months as reported by the immigration community.
FBI Fingerprint Check
After submitting an immigration petition, the applicant will receive a fingerprint notice. The applicant is required to go to a nearby USCIS facility and have fingerprints, signature and photo taken. The information is then transmitted to the FBI to check for any criminal records. This is another quick process, and result is usually sent back to the USCIS within 24 - 48 hours.
However, if one’s fingerprint matches a record, the FBI will forward an electronic copy of the criminal history (RAP sheet) to USCIS. An immigration officer will then review the information to see what effects it may have on the particular case. In case of previous arrests or charges, it is important to consult an attorney to ensure the accuracy of information in I-485 Adjust of Status applications.
The USCIS finger print notices will contain a code number, which represents what information is to be collected:
Code 1: 10 fingerprints
Code 2: Thumb finger print, photo and signature
Code 3: 10 fingerprints, photo and signature (code 1 + code 2)
Do not miss the fingerprint appointment. If you can’t make it, call the phone number in the notice to reschedule. If you didn’t receive the notice and got a Notice of Intent to Deny (NOID), respond before the deadline to explain your situation. Sometimes you may want to do the fingerprints early, and most service centers will allow walk-in if they are not busy. But make sure you bring the notice, which will be stamped and given back to you as a receipt.
The USCIS may request a second or third fingerprint appointment during the I485 process. The reason is that fingerprint results do expire, and USCIS still lose or misplace files. It is not uncommon for an applicant to do a code 3 fingerprint check, then just a few months later asked to do another one. Sometimes the last fingerprint check is mainly for supplying a digital photo in order to produce the green card; unfortunately this is not always the case.
Fingerprint checks are performed by the FBI's Criminal Justice Information Services (CJIS) in West Virginia. Our "How to contact USCIS and FBI" page lists their main phone number, but it is only useful to check whether FP was completed (not the actual results). Also note that fingerprint check is totally different from the FBI name check discussed below.
FBI Name Check
The FBI name check has been the source of most delays in the background check process. It is often confused with fingerprint check, but in fact is a completely different process. The FBI compares an applicant’s name, as well as variations and fragments of the name, against a large collection of “administrative, applicant, criminal, personnel and other files compiled by law enforcement.” The USCIS Fact Sheet reported that 80% of inquiries found no match and initial responses take about 2 weeks to receive from the FBI. Most of the remaining 20% cases are resolved within six months, and only less than 1% of cases take longer than six months complete FBI name check.
However, despite the small percentage, the total number of cases delayed by name check is still significant. According to USCIS Ombudsman’s 2006 annual report, “as of May 2006, USCIS reported 235,802 FBI name checks pending, with approximately 65 percent (153,166) of those cases pending more than 90 days and approximately 35 percent (82,824) pending more than one year.” The 2007 report released in June showed similar percentages, but the total number was even more daunting: 106,738 cases have been pending for more than one year. The Ombudsman also pointed out that:
“FBI name checks….significantly delay adjudication of immigration benefits for many customers, hinder backlog reductions efforts, and may not achieve their intended national security objectives.” and
“Stakeholder organizations and USCIS personnel across the country also regularly raise the issue of FBI name check delays as the most pervasive problem preventing completion of cases.”
Although some cases, such as EAD, AP and I-140, don't require FBI name check before approval, all green card applications (mostly I-485) must go through this process. And that is what people concern the most. So for this reason we will be discussing FBI name check separately on the next page.
optimystic
03-26 02:48 PM
Where does it say (please quote official DHS/USCIS/DOL publication or a bill) that employers must hire "US Citizens" first? I think the regulations are to give preference to US workers (note that its not US citizens) before brining somebody from abroad.
You do make a very good observation and we should clarify with the experts. Can anybody help clarifying this from the lawyers?
I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
You do make a very good observation and we should clarify with the experts. Can anybody help clarifying this from the lawyers?
I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
willwin
09-16 09:24 AM
If Admins donot make this thread sticky. Help me to bump this thread on top today.
Any one will help me ?
Please call every one.. ask spouse , co-workers and friends to call. This is last chance before election. If we loose we will not get GC for years.
Once we have recapture we can start pushing USCIS to follow FIFO on PD. but to do that first we need numbers.
Lets forget all thread only for today and make call.
I will give you a helping hand on this.
Any one will help me ?
Please call every one.. ask spouse , co-workers and friends to call. This is last chance before election. If we loose we will not get GC for years.
Once we have recapture we can start pushing USCIS to follow FIFO on PD. but to do that first we need numbers.
Lets forget all thread only for today and make call.
I will give you a helping hand on this.
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