grupak
03-24 05:10 PM
OP should try to pursue this through a lawyer if s/he can. For the rest of us, maybe time to think of what we can do together to not face this again in the future. Lot of us are going to be on EAD for a while.
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bobbyvil
05-04 12:36 PM
Can you please let me know how did you do the transfer i was also looking into transfer my eb-3 labor to eb-2 "Case successfully transfer from EB3 to EB2"Can you please let me know or email me in details.my email id is bobby_vil@hotmail.com
Thanks
bobby
Thanks
bobby
Help_Us
06-25 04:21 PM
Posting my case, in case someone in similar situation is interested.
Self : PD July 2002 -EB3
Spouse : PD Feb 2006 - EB3.
Suggested by our lawyers.
File my I-485 with spouse as dependent,
File my spouse's I-485 with me as dependent mentioning receipt notice of first I-485.
File for only one set of EAD and AP docs. Doesn't matter with which.
Filing both in July '07.
The pitfall to that is with the current rush it could be months before you get the receipt and by that time the spouse's date could have retrogressed.
Self : PD July 2002 -EB3
Spouse : PD Feb 2006 - EB3.
Suggested by our lawyers.
File my I-485 with spouse as dependent,
File my spouse's I-485 with me as dependent mentioning receipt notice of first I-485.
File for only one set of EAD and AP docs. Doesn't matter with which.
Filing both in July '07.
The pitfall to that is with the current rush it could be months before you get the receipt and by that time the spouse's date could have retrogressed.
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skynet2500
09-26 01:52 AM
Can someone post the link for the 485 data? the original link posted on this thread is not working for me any more. It worked for me yesterday, but doesn't work anymore.
Thanks
Thanks
more...
pappu
08-04 06:07 PM
http://usinfo.state.gov/gi/Archive/2006/May/04-878088.html
Immigration Security Checks�How and Why the Process Works
Background
All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion.
Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin.
USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases.
Why USCIS Conducts Security Checks
USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.
How Immigration Security Checks Work
To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:
� The Interagency Border Inspection System (IBIS) Name Check� IBIS is a multi-agency effort with a central system that 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. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.
� FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.
� FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved.
For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or even several years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.
Immigration Security Checks�How and Why the Process Works
Background
All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion.
Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin.
USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases.
Why USCIS Conducts Security Checks
USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.
How Immigration Security Checks Work
To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:
� The Interagency Border Inspection System (IBIS) Name Check� IBIS is a multi-agency effort with a central system that 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. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.
� FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.
� FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved.
For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or even several years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.
delhiguy79
03-05 09:31 AM
Hi guys,
I am about to leave my employer and I want to withdraw my set (with wife derivative). Can you please help me with the procedure? And is it safe to leave the employer without effecting the other set where my wife is primary applicant and me as derivative.
Thanks in advance.
I am about to leave my employer and I want to withdraw my set (with wife derivative). Can you please help me with the procedure? And is it safe to leave the employer without effecting the other set where my wife is primary applicant and me as derivative.
Thanks in advance.
more...
shirish
08-14 03:35 PM
Thankx fo rthe response.
Does this mean i will surly get a RFE, and if it is say 1 year later, will i have to go for the medical exam again?
You should be fine, one of the latest FAQs says you can file without medical report.
Does this mean i will surly get a RFE, and if it is say 1 year later, will i have to go for the medical exam again?
You should be fine, one of the latest FAQs says you can file without medical report.
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puddonhead
06-18 12:34 PM
Translation: Since my job is not impacted by this issue, I am not interested in reporting this fraud. I will wait, until my job gets affected.
Is that you have in mind, Mr. PuttonHead
.
Well - thanks for your mind reading services! However, I am not sure that is what I implied.
From 2004 I did not report the fraud since I did not know about it. Right now - I wont report it since I dont want to create disruption in this environment - disruption that can come back to bite me. A year down the line - when the environment and the economy is a little better - you bet I will report it now that I know about it.
Is that you have in mind, Mr. PuttonHead
.
Well - thanks for your mind reading services! However, I am not sure that is what I implied.
From 2004 I did not report the fraud since I did not know about it. Right now - I wont report it since I dont want to create disruption in this environment - disruption that can come back to bite me. A year down the line - when the environment and the economy is a little better - you bet I will report it now that I know about it.
more...
drahuls
01-15 12:48 AM
Hi,
I also had my H1B visa interview on 4th Jan at Mumbai, but as of now i have not received any email about the process completion. Has anyone received email ?. Please inform.
Thank you.
I also had my H1B visa interview on 4th Jan at Mumbai, but as of now i have not received any email about the process completion. Has anyone received email ?. Please inform.
Thank you.
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DesiGuy
09-13 04:54 AM
nice link from AILA where you can search based on party/location/sponsor/co-sponsor/non-sponsor, etc
http://congress.org/aila2/issues/bills/?bill=11328731
once you select the option, there is a email link.
on as side note, only 3 co-sponsors were added in this month, meaning our efforts ARE paying off but need more momentum.
ofcourse, many reps like to support it but not co-sponsor it.
http://congress.org/aila2/issues/bills/?bill=11328731
once you select the option, there is a email link.
on as side note, only 3 co-sponsors were added in this month, meaning our efforts ARE paying off but need more momentum.
ofcourse, many reps like to support it but not co-sponsor it.
more...
addsf345
08-26 07:48 PM
You probably chatted with a person sitting in a cubicle in India or some other inexpensive country. That person would be the customer rep of this company and other company as a contractor (not even an employee). So telling the chat lady will not do anything. She will just log her time and bill the company for chatting with you. You need to contact the senior executives of the company
what you said is quite possible; though the person seem to be aware of vonage deal and was little worried of possible impact on teleblend's business. (They have $49.99 unlimited India plan - simply doesn't make any sense now...) I am calling them now, Again. Usually teleblend offers good quality services at lower price than vonage or lingo. If they don't come up with a good solution, I will move to vonage by this weekend.
Here is teleblend number if anyone else also interested to call.
Phone: 1-877-415-5635 or dial 611 from your Teleblend Phone
what you said is quite possible; though the person seem to be aware of vonage deal and was little worried of possible impact on teleblend's business. (They have $49.99 unlimited India plan - simply doesn't make any sense now...) I am calling them now, Again. Usually teleblend offers good quality services at lower price than vonage or lingo. If they don't come up with a good solution, I will move to vonage by this weekend.
Here is teleblend number if anyone else also interested to call.
Phone: 1-877-415-5635 or dial 611 from your Teleblend Phone
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skd
07-09 06:36 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
USCIS Director Emilio Gonzalez, has become a member of IV...Or he started reading our posts in this forum
USCIS Director Emilio Gonzalez, has become a member of IV...Or he started reading our posts in this forum
more...
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l1fraud
06-09 11:33 PM
http://www.uscis.gov/files/pressrelease/LVisa_12_9_2004.pdf
Please refer this document and it will answer your doubt. To be specific L1B resources cannot be deployed in client premises on projects managed and controlled by client (known consulting assignments in technology world). This is just part of the violation. Second... L1B resources cannot be used for general technical skills (java/.net/oracle/production support etc) BUT can only be used for their speciality skills (while processing the L1 visa outsourcing companies shows some internal tools to prove this point). Hope this cleared your doubt, I am pretty sure that now you will be able to find a lot of violations in using L1B resources. L1B resource usage is so common that most of us who are aware of immigrations statuses even doesnt know about this .. forget others including our clients and their managers.
Please refer this document and it will answer your doubt. To be specific L1B resources cannot be deployed in client premises on projects managed and controlled by client (known consulting assignments in technology world). This is just part of the violation. Second... L1B resources cannot be used for general technical skills (java/.net/oracle/production support etc) BUT can only be used for their speciality skills (while processing the L1 visa outsourcing companies shows some internal tools to prove this point). Hope this cleared your doubt, I am pretty sure that now you will be able to find a lot of violations in using L1B resources. L1B resource usage is so common that most of us who are aware of immigrations statuses even doesnt know about this .. forget others including our clients and their managers.
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nkavjs
09-25 02:29 PM
Good idea.. Can we come up with Joint signed E-letter with info and mail it to these guys doing nothing with our 2nd July applications.
They shd all be flown to Bermuda triangle (ony after they clear our pending applications)
They shd all be flown to Bermuda triangle (ony after they clear our pending applications)
more...
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eb2_mumbai
09-25 10:24 AM
I agree the numbers seem to include dependents. I mean while looking at EB2 numbers you can see average 1000 - 1500 applications per month which translates to roughly 400 - 700 primary applications (labor) filed each month. That looks reasonable.
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pappu
06-25 11:23 AM
............Expanding on my previous posts.
One more thing.
If you decide to apply multiple 485s with each other as dependents, then file just one first. Wait. Gets its A number and put that number in the other application. This way you will cover one pitfall of multiple filing. It will not cause confusion at USCIS end. Now This will not completely eliminate all risks in multiple filing. There have been cases in the past where when you inquire the status of one application, you will get the status of other. And if the PD of other is new, you can get stuck in a blackhole and will either have to wait for USCIS to sort it out or keep trying other ways to solve it. One of the reasons for delay (rightly put by Murthy) is -- when an application is adjudicated by a CIS officer, if the officer sees that there are other files open for the same individual, the officer will not adjudicate that application until that officer has all of the files in existence for that individual. This causes significant delays and confusion in adjudication.
Also do not apply EAD and AP on both. This is commonsense. But just mentioning it here in case..
I also researched the option of CP on one and regular 485 on other. While CP looks attractive, there are lot of risks. I have a big document on this. Overall I would not recommend this to anyone who wants to play safe.
Even multiple filing option should be pursued by critically evaluating your own situation. See how much you and your wife have secure jobs. How new are your PDS. What catagories do you belong to. Do not just apply because you have money to throw away. If throwing money gives you peace of mind, then by all means give it to the lawyers to file I485.
Again. There is nothing right or wrong. Multple filing is only good for very specific cases to have a safety net. This is what I have found till now.
One more thing.
If you decide to apply multiple 485s with each other as dependents, then file just one first. Wait. Gets its A number and put that number in the other application. This way you will cover one pitfall of multiple filing. It will not cause confusion at USCIS end. Now This will not completely eliminate all risks in multiple filing. There have been cases in the past where when you inquire the status of one application, you will get the status of other. And if the PD of other is new, you can get stuck in a blackhole and will either have to wait for USCIS to sort it out or keep trying other ways to solve it. One of the reasons for delay (rightly put by Murthy) is -- when an application is adjudicated by a CIS officer, if the officer sees that there are other files open for the same individual, the officer will not adjudicate that application until that officer has all of the files in existence for that individual. This causes significant delays and confusion in adjudication.
Also do not apply EAD and AP on both. This is commonsense. But just mentioning it here in case..
I also researched the option of CP on one and regular 485 on other. While CP looks attractive, there are lot of risks. I have a big document on this. Overall I would not recommend this to anyone who wants to play safe.
Even multiple filing option should be pursued by critically evaluating your own situation. See how much you and your wife have secure jobs. How new are your PDS. What catagories do you belong to. Do not just apply because you have money to throw away. If throwing money gives you peace of mind, then by all means give it to the lawyers to file I485.
Again. There is nothing right or wrong. Multple filing is only good for very specific cases to have a safety net. This is what I have found till now.
more...
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lazycis
11-07 08:30 PM
Is it possible to file a class status suit?
Maybe IV can cooperate with AILF/AILA and file a classs action? I know that I-485 class action initiated by immigrationportal.com in 2003 has failed, but it could be a different story with IV.
In the meantime, I encourage everyone to fight for your rights individually. The number of favorable decisions similar to what posted above is close to 100 for AOS cases.
http://spreadsheets1.google.com/ccc?key=pBQx8tqZHHU2A6Q-Pv9sULw&hl=en
Maybe IV can cooperate with AILF/AILA and file a classs action? I know that I-485 class action initiated by immigrationportal.com in 2003 has failed, but it could be a different story with IV.
In the meantime, I encourage everyone to fight for your rights individually. The number of favorable decisions similar to what posted above is close to 100 for AOS cases.
http://spreadsheets1.google.com/ccc?key=pBQx8tqZHHU2A6Q-Pv9sULw&hl=en
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priderock
07-01 11:28 AM
Guys this is a revision to the July Visa Bulletin. Meaning, even if the revision happens on July 29th to the July Visa Bulletin, it holds good for entire july.
This is not August bulletin.
Looks like people have misconception, that if their file goes to USCIS on July 2nd and visa bulletin is revised on July 3rd or later date, then they are safe. It is not so.
If at all if there is a change to the August bulletin it holds good for August and not to July bulletin.
Pls let me know if my understanding is wrong
Do you have a basis for your assertion or just plain speculation ? AFAICT , the mid month bulletin revision did not occur in several years (if at all happened in the past). I dont think there is any precedence to this. No one knows what USCIS will do. This is just my opinion though.
This is not August bulletin.
Looks like people have misconception, that if their file goes to USCIS on July 2nd and visa bulletin is revised on July 3rd or later date, then they are safe. It is not so.
If at all if there is a change to the August bulletin it holds good for August and not to July bulletin.
Pls let me know if my understanding is wrong
Do you have a basis for your assertion or just plain speculation ? AFAICT , the mid month bulletin revision did not occur in several years (if at all happened in the past). I dont think there is any precedence to this. No one knows what USCIS will do. This is just my opinion though.
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nk2006
11-01 05:59 PM
I have done my part.
Thank you for doing that. Please ask your friends to do the same.
Thank you for doing that. Please ask your friends to do the same.
guyfromsg
07-14 08:06 PM
He just introduced an immigration policy called OVERDUE and it would severely restrict legal employment based immigration..:eek:
The legislation would end immigration of extended family members of U.S. citizens and permanent residents, which has long been the basis of legal immigration. The bill would shrink to 5,200 a year the number of visas issued to foreign workers.
The legislation would end immigration of extended family members of U.S. citizens and permanent residents, which has long been the basis of legal immigration. The bill would shrink to 5,200 a year the number of visas issued to foreign workers.
desi3933
06-16 02:59 PM
OP Do you know how many L1 visa types are there???
Please enlighten us.
Who said L1 can't be at client place? Who said L1 can't do programming?
Of course, person on L1 status can work at client site as long as he/she is directly managed by company that has sponsored L1 visa. They can not be directly managed by client. That is the restriction. Have you even read posts in this thread?
Don't spit on other community becoz you are loosing some thing...
A person is saint until it happens to him/her.
Please enlighten us.
Who said L1 can't be at client place? Who said L1 can't do programming?
Of course, person on L1 status can work at client site as long as he/she is directly managed by company that has sponsored L1 visa. They can not be directly managed by client. That is the restriction. Have you even read posts in this thread?
Don't spit on other community becoz you are loosing some thing...
A person is saint until it happens to him/her.
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