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  • gimme_GC2006
    08-18 09:47 AM
    our applications were supposedly approved today. IO called home around 7:30AM.
    Dependent case is being worked on though..he said we should get approval notice in 3 days.


    I am just waiting for approval notice now..hmm..its a different wait :D:D





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  • aadimanav
    01-03 12:55 AM
    Source:
    http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=January&artYear=2008&EntryNo=7723

    Delay In The Age Of Security - Employee Green Card Woes

    Geoffrey Forney
    WolfBlock
    Geoffrey Forney is an Associate in WolfBlock's Employment Services Practice Group and is a member of the group's Immigration Services Team. Geoffrey handles all aspects of immigration and nationality law, including employment- and family-based immigration, removal (deportation) defense and asylum.

    Many human resources representatives who handle immigration matters are well aware that dealing with the U.S. Citizenship and Immigration Services (USCIS) can be confusing and at times frustrating. The agency has volumes of regulations, policies, decisions and guidelines governing the admission and employment of foreign nationals. Understanding the agency's requirements can be an overwhelming task. In addition, the agency's decision process is often obscure, leaving employers and foreign nationals guessing about the procedures that affect them directly.

    Added to the confusion is the baffling situation of the excessively long-delayed adjudication of green card and naturalization applications. Employers spend a lot of time and money to sponsor valued foreign national employees only to find that the last stage of the process (adjustment of status or "green" card) is bogged down within a quagmire of endless and seemingly unexplainable delay. Applicants for green cards can face delays up to seven years or more. From an HR perspective, the situation is frustrating: all of the employee's appropriate paperwork has been filed, but the USCIS simply refuses to act on the application. Employers and foreign nationals make inquires with the USCIS only to be told that their applications are being held up because of "security" issues.

    What "security" issues? Many foreign nationals are upset by this response, because they know that they have never had any contacts with law enforcement. Just because a foreign national is caught in security clearance delays does not necessarily mean that the person has had problems with law enforcement authorities. In the vast majority of cases, it simply means that the foreign national's name matches in some way a name in an FBI administrative file. Only after the USCIS confirms that the foreign national is not the same individual who is listed in the FBI administrative file will the USCIS proceed with the adjudication of the green card or naturalization application. It sounds simple enough, so why does this process take so long?

    Congress requires the USCIS to perform criminal background checks on foreign nationals applying to become permanent residents (green card holders) or naturalized citizens of the United States. In addition to the Congressionally mandated criminal background check, DHS performs two other background checks on foreign nationals applying for green cards or citizenship. The criminal background check is a relatively easy and fast check: the USCIS obtains a fingerprint impression from the foreign national and checks this fingerprint image against the FBI's Criminal Master File. This check is usually completed within 48 hours, as it is largely a computer automated system. The second type of check, the Interagency Border Inspection System (IBIS) check, is also very quick. The IBIS check is based on a database containing information from 26 different federal agencies that includes information on persons of "interest" to law enforcement. This check is usually completed immediately upon entering the foreign national's name into a computer database.

    The problem arises with the third and final background check, known as the "name check." Although Congress does not require name checks, in 2002 legacy INS began requesting name checks for all green card and citizenship applications as part of its post-9/11 heightening of security. A "name check" is performed by taking every permutation of the foreign national's full name and comparing those various permutations against the FBI's "Universal Index," which references the FBI's Central Records System, a voluminous archive of administrative, personnel and investigative files. Of course, foreign nationals with common names will usually "match" an FBI file. In addition, a foreign national's name need not necessarily match a "main" file name, containing, for example, a suspect's name, but may match "reference" names, including informants and witnesses. Hence, the universe of possible matches is very large.

    Although the FBI usually responds to a USCIS request for a name check within two weeks, if there is a "hit" or match between one or more permutations of the foreign national's name, a more extensive search must be completed. If a secondary search does not clear the foreign national's name, the USCIS requests a manual investigation of the relevant FBI case files. Since a "match" ultimately leads to a manual inspection of physical files. The process is time and labor intensive. One of the main reasons for the excessive delays in this arena is the lack of resources devoted to the manual inspection of files. To date, the USCIS and FBI currently have more than 340,000 cases in the name check backlog, according to the U.S. Citizenship and Immigration Services Ombudsman.

    As a result, a foreign national stuck in the name check backlog can expect to wait a very long time - a matter of years - before expecting a final adjudication of his or her application for a green card or citizenship. In some cases, a final resolution never occurs. It is not unusual to find applicants with unresolved cases that are more than five years old.

    Recently, the U.S. Citizenship and Immigration Services Ombudsman cited "name check" delays as a major problem for the agency in his 2007 annual report. The Ombudsman questioned the utility and effectiveness of the name check process, noting that "[n]ame check[s] are not conducted by the FBI as part of an ongoing investigation or from a need to learn more about an individual because of any threat or risk perceived by the FBI." Furthermore, the Ombudsman suggested that the name check program does not comply with DHS Secretary Chertoff's risk management modeling, because the cost of name checks far outweighs the purported national security benefit: "Considering the protection the FBI name check provides, the cost of government resources used, and mental and actual hardships to applicants and their families, USCIS should reassess the continuation of its policy to require FBI name checks in their current form." Notwithstanding the Ombudsman's criticism of the name check program, other high-level USCIS officials continue to support the process, so it appears that name checks will remain a part of green card and naturalization applications.


    (Part 2 in the next post below)





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  • anda007
    07-11 10:24 AM
    Hi all,

    Thanks so much for all of you who emailed and called to share your stories
    with me. I tried to get as many of your voices in as possible, but length
    restraints reigned, so I apologize to those that I had left out. Please
    forward this email to anyone you know that may have talked to me, but
    didn't leave me their email.

    A quote that did not end up in the article, but I think you should know.

    Congresswoman Zoe Lofgren, the chairwoman of the House subcommittee on
    immigration:
    "I have a lot of sympathy. I don�t know their names, but maybe I'll see
    them at our hearing. To wait as long as these people have is difficult. A
    lot of work and money has been put into the process. This is a cruel joke.
    [To those who have been affected,] I am sorry that our bureaucracy has
    dealt with you in such an incompetent manner and I hope to make it better."

    here's the link in case anyone is looking for it.
    http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html

    I wish you the very best of luck in your efforts.

    all best,
    Xiyun

    ~~~~~~~~~~~~~~~~
    Xiyun Yang
    Staff Writer, Financial Desk
    The Washington Post
    1150 15th Street, NW
    Washington, DC 20071
    202-334-6701





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  • Pagal
    02-06 05:03 AM
    Congratulations! :)

    If this forum has proved useful, please donate and become an ImmigrationVoice member.

    As you saw, there are very few avenues to address the issues of future immigrants and IV is the strongest and most active of them.



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  • Robert Kumar
    04-01 03:08 PM
    Quote from Shusterman's newsletter --- "According to our calculations, EB-2 priority dates for India and China may advance not just weeks or months, but years!"

    Link please..





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  • gc28262
    06-14 02:36 PM
    How many times in this thread I have mentioned that I am getting replaced by one of these L-1B resource, I am a poor Oracle/DB developer who fortunately cannot be replaced by L-1B visa resources (as my skills is a common technical one). So once these violations impact your day to day life you look around for ways to stop this fraud. Its true that if I was a Nuero Surgeon in Phily or a Astro Scientist in Houston I wouldn't be interested in this violation :-) .... tomorrow let this scenario happen to you ... you would be first one to raise the alert.

    Regarding 'getting burnt', I don't think there is bigger burn than loosing our jobs (which already is happening) and hope you know that there is something called 'anonymity'... ya lets see whos going to get 'burnt' here. We'll definetly keep you updated regarding the outcome.

    l1fraud,

    I sympathize with you. If your job is getting impacted by this, you have every right to complain.

    On a friendly note, you need to upgrade your skill. You cannot survive on just oracle/db development.



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  • cnag
    06-29 08:20 PM
    Last week visas moved from U to C ( you see....);)
    This week it was CIR(cus):D
    Next week visas will move from C to U ( see you)::mad:





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  • jungalee43
    09-14 03:51 PM
    My colleagues and friends are sending e-mails to Judiciary committee members. I am preparing draft for this mail. I am going to divide this mail into sections. One section describing what H.R. 5882 is (recapture, justice against discriminatory treatment based on country of birth, USCIS efficiency) and another sections would describe what it is not (not amnesty, not an increase in numbers). I want a link to the testimony given by USCIS director in congress confirming the wastage of green cards. Can someone quickly direct me to that link?



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  • test101
    07-09 06:36 PM
    Time to send pizza then





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  • Caliber
    06-16 12:16 PM
    Agreed that L1 dumping to replace a worker is violation in many cases and should be reported. If enough people complain, that might force companies to mend their illegal ways.
    This is true ONLY in ideal world. The correct statement should be
    When there is a competition, it should be on actions that are legal.

    Dear Desi,

    I agree with you. Thanks for correcting me.



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  • Saralayar
    01-15 01:06 PM
    Search for Citizenship also. It is posted in the Homeland Security and Foriegn Policy.
    IV members, Please go to chnage.gov and vote for my idea. No one has gone and voted up for this yet. Wakeup please. Go and vote for a good cause.





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  • Edison99
    09-24 11:40 AM
    Thanks BharatPremi for your great analysis and honored to give one green today! :)



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  • bobzibub
    05-07 12:49 AM
    Hi friends,

    My husband and me work for the same company now. He applied in EB3 (India) and PD date with December 2006. I-140 approved and I-485 applied in July 2007. Got EAD and AP for both but still working on H1B (Not used EAD and AP).

    From other company, in 2007, I applied for labor substitution and it is approved yesterday, which has PD Nov 2004 (EB3 - India). One of my friend working for this company and I got the reference last moment and I was not hoping for this approval.

    Now I have to switch to this company as the company management are asking me to join the company. I read many threads in this forum and this thread too about multiple filings of I485s and withdraw one while applying other.

    I read some people had no problems with multiple I-485s. But Murthy's advice is against this while others like Rajiv in favour of this.

    Please advice me what could be the best in my case.

    I have PG in engineering (CS) from India.

    Thanks in advance

    We may be talking about the same thing...I believe that ALIA as asked USCIS for clarificatin about spouses both filing (my wife and I both have.) Only I have no EADs or AP on my application. Just straight 485. My wife's 485 has EADs, APs, for both of us. Now both of our lawyers said it would be fine. It is not about what USCIS wants, however--it is about what they will lose court cases over. They can't possibly dissallow multiple applications after the fact, after we've paid for them. If USCIS was going to x-nay this, their window of opportunity is over. By not barring it, they've defacto allowed it.

    Cheers,
    -b





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  • wellwishergc
    07-10 11:02 AM
    And it's my wishful thinking for you and my other fellow-members who went through the roller-coaster ride last month. Also, it is a speculation based on the recent events in the last 10 days. I have already filed my I485.

    Cheers & Good Luck!

    I thought so too :) :). Your's was just wishful thinking.



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  • srgadi
    09-10 06:30 PM
    I see soft LUD on my 485 today, but the status has not changed. I had an interview in Jan 2009 and at the end of interview the IO told me that he could not approve my case as it was not current. So I believe my case is pre-adjudicated?

    Someone in the same boat? Hopefully the approval e-mail comes in the next few hours or next week. <<fingers crossed>>





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  • jfredr
    06-29 05:13 PM
    06/29/2007: American Immigration Law Foundation (AILF) Seeks Plaintiffs for the Lawsuit on Visa Bulletin Fiasco

    The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.



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  • glus
    01-21 09:47 AM
    But if your visa is stamped and not expired, do you still need an AP ?

    Anurakt,
    If a person has filed an I485 and has a valid H1 visa stamp in his/hers passport, no AP is needed when traveling as h1 is a "dual intent" visa. This applies to H1 and L1 visas. When leaving this country when I485 is pending, the I485 will not be deemed as abondomed because one travels on a "dual intent" visa. IF one, however, had filed an I485 while being on a diffrent type of a visa, like F1, or B2, one MUST obtaint AP before leaving. Other wise the person will NOT be able to re-enter the country even if one has a valid F1 or B2 visa and the I485 will be deemed abandomed. This is because by filing the I485, he/she has shown an immigrant intent, and both F1 and B2 don't allow for such intent.

    So many people don't realize that a H1 or L1 are very POWERFUL visas.
    I am not an attorney so do not take my answers for granted.





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  • optimystic
    03-26 02:04 PM
    Just a silly question popped up in my mind...

    Doesn't DOL have a directive telling employers, they have to try to recruit US Citizens first, and only if they do not find properly qualified US Citizens they can go on to search for people having 'other work authorizations' . Isn't that the whole basis for the approval of our Labor certifications in the first place???

    So can the employers not use that directive as a legal loophole and try to prescreen the candidates and ask them whether they are US Citizens or GC or EAD or H1 and so on... as a hidden ploy to figure out whether you are GC or EAD while externally they can still put on a facade that they are just strictly following the legal directives that DOL has laid out?

    Doesn't this 'Try to hire US Citizens first' policy of DOL in total contradiction with the I9 statement of 'no discrimination based on work authorization' ???? I am a bit confused here :confused:





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  • EkAurAaya
    10-17 03:36 PM
    My 140 and 485s (with my wife as derivative )are from Nebraska and have a set of A#s,

    again My wife's 140 and 485s (with me as derivative ) are from Texas and have a different set of A#s..

    how to combine them and make uscis inform abt it???

    Anybody any thoughts !!!

    gc_chahiye is correct - this is precisely why my lawyer advised me not to go with 2nd set of 485 + if one gets rejected the other one automatically gets rejected (when both are combined)

    We decided to go for 485 that had older PD

    I know someone who applied for 2nd set and then withdrew the 2nd application as soon as he got Receipts (his application was in Neb and wife's was in Texas << this could lead to major delays as the files are now physically located in different centers)

    With all the confusion and movement of applications to different centers... things can only get complicated in my opinion. One can only hope for the best





    vg1778
    10-02 01:45 PM
    I didn't get the phone# for USCIS compaint dept. But some one(may be ashres11) posted one phone#18003238603 for DHS. I called that number and it turned out Inspector General office. As i reported earlier. He told me to call regular USCIS 800. I said it's useless. He took some note and asked to call this new number 877-246-8253.

    E-mail :
    cisombudsman.trends@dhs.gov
    joint.intake@dhs.gov

    Fax :
    202-344-3390

    I got the LIN# I-765 from congresswoman office per USCIS reply.

    who is cisombudsman.trends@dhs.gov? Is this a name of some person or some department name?





    gkattalu
    08-19 10:36 PM
    same here Buddy, i was told that cases assigned to officer on Aug 3 and pre-adjudicated.(NSC)
    havnt heard back eversince. got standard reply to SR:
    "Your I-485 case as August 12, 2010 is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter."

    I am in the same situation. I share your pain.

    I think the scientific community should stop their search for a black hole. Considering the difficulty in extracting the least bit of information from the USCIS, they will beat any black hole hands down. :-)