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Wednesday, June 29, 2011

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  • transpass
    08-20 08:47 AM
    This is the email I got.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Your Case Status: Post Decision Activity

    On August 19, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    There is no change in my wife's 485 status. But her EAD is approved. There is no mention of card production in the email. Looks like lot of people got the CPO email directly with post decision activity. Can somebody confirm the sequence in which it happens? How long does it take for the card to arrive? How long will it take for my wife's 485?

    'Notice sent' under 'decision' activity - Most likely means they mailed you welcome notice...
    'Notice sent' under 'post decision' activity - Most likely means they mailed you the card...





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  • ganguteli
    06-17 02:26 PM
    Are you suggesting that no fraud should be reported?

    I would say, any fraud, whether H1/L1/F1, employee related, employer related should be reported? Why should law abiding immigrants/workers pay for those who are committing fraud?

    >> 1 in 100 citizen has gone to jail.
    Not correct. There are about 260 jail inmates per 100,000 US residents.
    Link: http://www.ojp.usdoj.gov/bjs/jails.htm

    >> Educated idiots!
    Now, tell me, who is educated idiot?


    .

    http://www.nytimes.com/2008/02/28/us/28cnd-prison.html





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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!!!!





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  • chanduv23
    01-10 12:13 PM
    Please don't give much credence to 'conspiracy theory' posts by paranoid folks like H1bmajdoor who live in fear of their own shadows. Neither do they understand the difference between a law AC21 and regulations ( USCIS frames these) nor do they care to learn. Their ignorance causes them fear, and fear causes them to act irrationally.

    It's best to ignore such losers who beam negative-energy. Their penchant for inaction is a self-fulfilling prophecy that dooms their life. Nothing will happen to them in life, as they don't do anything to make things happen! . Don't join their league.


    I second that. it is only because of these people who spread negativity and pessimism that we are still like this. These people are nothing but losers. Just losers in life coming on the forum and crying here.

    Everyone visiting this site has to sit back and think and see what IV is doing and how IV maintains the positive outlook.

    IV volunteers are firm and will not be influenced by these folks spreading negativity.

    The message is clear - help IV to help yourself - do not spread bad and negative influence due to cowardice or fear or laziness



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  • SunJoshi
    01-02 06:27 PM
    http://www.nap.edu/books/0309096138/html
    http://www.iacfpa.org/





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  • pappu
    08-04 06:43 PM
    FBI Name Check
    Copyright � Triceiver.com

    All applicants for immigration benefits must undergo background security checks, and one of them is the FBI name check. It is conducted by the FBI National Name Check Program Section (NNCPS). Since 2003, many green card (I-485) and naturalization applications have been significantly delayed by this process, sometimes by several years! More importantly, immigrants affected by this processing delay are often left in complete darkness. USCIS has adopted a policy that it will not release any information regarding name checks to applicants. Similarly, the FBI has practically shut down all email and phone communications previously available to immigrants.

    How FBI name check works?
    FBI name check, in short, is to compare a person's name against the Central Records System and see if there is a matching record. However, this seemingly simple process can be quite complicated in some cases.

    1. The Central Records System (CRS) is huge
    The CRS contains all information which the FBI has acquired during many years of law enforcement activities. It has numerous administrative, applicant, criminal, personnel, and other types of files, related to not only individuals, but companies and foreign intelligence matters also. Certain records are stored in the FBI headquarters in Washington, D.C., while others are maintained by field offices across the United States.

    When a name check request is received, the FBI conducts a search of the individual's name in the CRS' General Indices. In addition to the person's full name, the FBI will also use different combinations and variations of the same name.

    The General Indices have two types of entries according to the FBI:

    A "main" entry - an entry that carries the name corresponding with the subject of a file contained in the CRS. A main file name thus refers to an individual who is the subject of an FBI investigaton.

    A "reference" entry - an entry, sometimes called a "cross-reference," that generally only mentions or references an individual, organization, etc., contained in a document located in another "main" file. So a reference is someone whose name only appears in an investigation.

    The FBI name check will search both "main" files and "reference" files. In comparison, the FBI Privacy Act request searches main files only. The Privacy Act request is sometimes referred to as FOIPA request, Freedom of Information and Privacy Act. So when an I-485 filer receives a "No Record" letter from the FBI in response to their FOIPA request, it only means that his or her name doesn't match any "main" entry.

    During a name search, the FBI first checks the person's name electronically against the Universal Index contained in a database called Automated Case Support (ACS) system. For most people (68% according to the FBI), the results come back with "No Record" within 48 hours, meaning that their name checks are considered cleared. If there is a match, called a "hit," an agent must manually review the file or entry. This secondary name search usually identifies additional people as having "No Record." According to the FBI, about 10% of name check requests must go through yet a third level of review, during which the matching record must be retrieved from the source. But there is a problem:

    2. Not all records are digitized and many are still paper documents
    If the matching record has a digital copy in the ACS, it can be reviewed quickly. Otherwise paper documents must be transported to the reviewer from one of the FBI field offices which are located all over the country. This could cause significant delays. The name check result after this review will be forwarded to the requesting agency such as the USCIS.

    3. Sheer volume of name check requests from multiple agencies
    Although the name check itself could take a long time in some cases, it is not the bottle neck. The more serious problem is the time it takes for an analyst to actually get to a case after a "hit," due to backlogs. This is probably the No.1 reason for a lot of cases that are stuck in FBI name checks.

    The FBI name check backlog may have several causes, and one of them is the sheer volume of requests. In addition to USCIS, many other Federal agencies, congressional committees, as well as state and local law enforcement agencies, all request name checks as part of their background investigation or clearance processes. According to Michael Cannon, Section Chief of NNCP, the FBI processed 3.7 million name checks in 2005, compared to about 2.5 million/year before September 11, 2001. In 2006, the USCIS alone sends more than 27,700 requests on a weekly basis.

    Moreover, it is not clear how strictly the FBI follows the order of first-in, first-out. It is particular difficult to find out exactly how the FBI would queue cases that have returned with potential matching records. From the simple fact that some name-check cases can be pending for several years, and not all of them are that complicated, the FBI's queuing method may need a review of its own.

    4. Lengthy name check process and national security
    Although conducting name checks is an essential step in identifying national security and public safety concerns, the current process may not achieve its intended objectives. The reason is that in almost all cases, a person whose name check is pending is currently present in the United States. So the lengthy process actually extends an individual's stay in the US. If it takes years to come to a conclusion that the person is indeed a security threat, what will happen during those years? In this sense, timely processing of name checks is not only a relief to legal immigrants, but a must for national security reasons.

    5. It is difficult to expedite FBI name checks
    In 2007, the USCIS established new policies on expediting FBI name checks and the criteria are very limited. The USCIS may demand expedited handling only if the case involves military deployment, age-out or sunset provisions, loss of certain benefits, or other compelling reasons such as critical medical conditions. It specifically stated that Writ of Mandamus (WOM) - a lawsuit forcing the government to act quickly after an unreasonable delay - would no longer qualify as one.

    Writing to Senators, Congressmen, or even the First Lady, have not shown as much success as many were hoping for. In fact, most Congressional inquires are now simply coming back with "case pending" responses. Some offices have stated that they will no longer contact the FBI for cases pending less than a year, citing an increasing number of letters asking for assistance. However, for most poeple, contacting congressional representives is one of very few channels still available to receive any information regarding their pending cases.

    6. The name check situation may get even worse, before it improves
    According to the USCIS Ombudsman, there is a staggering 329,160 FBI name check cases pending as of May 2007. Among them, 211,341 (64%) have been pending more than 90 days and approximately 32 percent (106,738) pending more than one year. Now with the biggest fee increase in decades, taking effect July 30th, 2007, The USCIS has proposed to allocate more funds toward the name check process. And the FBI indicated that additional funding would allow them to add more staff to speed up the process and reduce backlogs. Many are skeptical, but we certainly hope that they will achieve some of the goals this time.



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  • kumar1
    07-13 02:47 PM
    And to make matters worse, this jerk married a Mexican woman. He is alway behind Mexico and Mexicans for some reason. Imagine that, he lives in NJ, has a several acre house, makes 7/8 figure salary and then teaches American middle class a lesson to avoid goods produced in China/Mexico/India. Avoid them because they add up to trade deficit of USA, avoid them because those countries have stolen jobs from middle class Americans. Why doesn't Lou Dobbs stop using software written by some Indian/Chinesse guy? Why doesn't he stop eating at a place where in the kitchen a Mexican guy is making his meal? why doesn't he stop using Japnesse cars? Why doesn't he quit eating Pizza....afterall it is Italian food? Why doesn't he stop driving on interstate highways...part of those were made by African Americans. I am asking Lou Dobbs to show me his grand father's VISA/I-94 when he came to the USA, on a ship, half starved, half naked from some european country and never went back! This guy blames mexicans/legal or immigrations for this country's broken health care system. Other day, he was concerned that in California, especially L.A. and surrounding area, white people's percentage has gone below 50%, Mexicans and Indians are having too many kids, whites are not having enough kids.........this is by far the most racist program CNN runs and we need to do something to put a stop on it.

    Guys.......opinion??





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  • ganguteli
    06-10 01:31 PM
    People please stop posting against our L1 brothers.

    Just because you are not getting your own greencard fast enough, you are posting against L1s. If you had an opportunity, you will also apply as L1 for greencard. Did you all not try for Labor Subs? Antis are posting such messages to provoke you. If they want to report, let them report. Why creating fake profiles and posting against our L1 brothers.



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  • drona
    07-10 07:38 PM
    Saimrathi Please see nixstor's message above and respond to it.





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  • rsharma
    06-13 11:25 PM
    I understand your point. But this is exactly what anti-immigrants complain about H1Bs. ( depressing wages, outsourcing etc)

    It is interesting that we are using anti-immigrant's arguments to pin L1s.

    I would like to point out the differences between H1B and L1
    1. There is a yearly limit for H1B (65k + 20K) but L1s are limitless.
    2. A minimum wage need clause is there for H1B but minimum wage is not required to be paid for L1s. There are people in L1A visas who are supposed to be Senior Managers are sometimes paid less than 60K per annum by these offshore companies. As although they are brough in L1A visa they are in fact developers.
    3. Almost 99% of the L1s are from offshore companies whose main intention is to send the project/job to offshore, most of the H1Bs do not have this intention.
    4. L1s cannot change their employer, so they are bound to follow what their offshore employer ask them to do i.e try to take the job offshore, H1Bs can change employers, they will not try to send the job to offshore as they will then eventually have tomove back to offshore.

    So if we clearify these points even to the antis, I hope they will understand who is the real culprint for the employment scarcity. Each of these companies are moving thousands of jobs out of this country making the problems for Citizens/Green Card holders/H1Bs.

    99.99% of all the L1s are not used as they were intended when the law was signed.



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  • funny
    09-09 04:16 PM
    30,951 Immigration Voice Members

    Please call all Numbers except co-sponsors ...
    Find people And ask everyone else also to call ...

    1033 (198 members and 835 guests) are active right now....Every body please call..





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  • anotherone
    01-29 05:33 PM
    ok this is what I have
    a) email with offer of employment and link to I9 form in offer letter
    b) accepted verbally
    c) background check done and report sent to me
    d) called and was chatting when I mentioned EAD, was told sorry we cant offer you employment due to EAD, and that is has to EAD filed by this company only because they cant verify its legality et., one way was for them to do my h1b but they are not hiring h1b right now, so sorry. later they said they would consult with legal and get back to me. however i dont hold out much hope
    e) i immediately filled out the i9 form
    f) wrote email to them outlining our conversation from d) explaining my surprise (and boy! was a surprised!) and trying to make my case that I was not a risky bet for the company because of how interminably long I have been in this country and my spouse had GC already, but mine was not processed in time before priority date became not current.

    g) hr wrote back, acknowledging our conversation and saying that they were not sure and that is why they were going to consult with their legal dept and will talk next week.

    All I have are emails and offer letter.
    I really dont want to go the legal complaining route if this can be resolved. But I am in a fighting mode. I probably would not have been so upset if I had not turned down other interviews...



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  • sunny1000
    07-09 08:59 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
    Why don't you enlighten us with the real problem that USCIS is facing?

    If you think India is Great, why are you here and why did you apply for a GC? Why don't you set an example and leave first?

    Nobody is doing anything forcefully. Sending flowers is a Gandhian method as I understand. Dr.Martin Luther King followed the Mahatma's foot steps and succeeded. Don't preach us about US and India.

    If you consider it a shame, don't participate and go back. period. Don't tell us to packup.





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  • Naveen
    04-24 04:59 PM
    I have not seen the language of the bill. Has anyone seen the exact language of the bill?

    Should this bill become law (in its present form without any changes ) will the new provisions apply to ANY H1B application (i.e new applications, Transfer due to change of employer , H1B extension application with current employer) or just to NEW H1B applications and not to H1B extensions filed by the currentemployer.

    There are hundreds of H1B applicants who do not have EAD but have approved PERM or approved PERM + approved I-140 and will be filing for extensions.

    The H1B resttrictions in the TARP law only apply to new H1B filings.

    Link (http://www.immigration-law.com/Temporary%20II.html) for full text of the bill.



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  • Saralayar
    01-08 12:08 PM
    If you dont have PR, the rateyou pay is higher. Some deny loans as well.
    This is not true. Recently, me and one of my friend got Home Loan for a good interest rate. It all depend on your credit score and credit history and not PR. You need to provide your papers properly. If you say some statement like this, please provide evidence.





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  • sledge_hammer
    06-23 05:08 PM
    Hi,

    My company's attorney filed for my PERM and I-140. After I-140 approval the attorney kept the original I-140 and sent me the courtesy copy of the approval. I am now going to file for my I-485 on my own.

    My question is -

    Can I make a photocopy of the courtesy copy of this I-140 approval and use it to file my I-485?

    P.S: Courtesy copy is NOT the photocopy of the original I-140. It is a copy that USCIS sends in addition to the orinial approval.



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  • chanukya
    07-01 11:28 AM
    http://www.immigration-law.com/

    http://www.murthy.com/nflash/nf_062907.html


    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





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  • bobby
    06-21 08:17 AM
    Another answer from Rajiv Khanna: on multiple 485s
    I recommend both husband wife file for yourselves and for each other. So between the two , there will be four 485 applications. One: Wife as primary, husband as derivative. Second, husband as primary and wife as derivative. We do this all the time and this is the safest thing to do. You will keep whichever 485 set gets approved, first, the other will be rejected by CIS.

    If CIS rejects the other 485, do they keep the fees or do they refund the fees?





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  • mpadapa
    08-22 05:03 PM
    I think we are fighting the wrong fight. I do recognize the whole EB system is unfair and in particular to I/C/M/P.
    The letter campaign is a great initiative, but I am not sure if we are focusing on the right problem. By saying that the new "interpretation of the spillover" is cruel to EB3 I/C/M/P is plain wrong. Both old and new interpretations were unfair to EB3 I/C/M/P.

    Old interpretation resulted in good forward movement to EB3 ROW while EB2 crawls.
    New interpretation results in good forward movement to EB2 while EB3 crawls.

    How does EB3 ICMP benefit from both the interpretations?

    EB3 is clogged because of the 245i cases. Unless we focus on the exact problem no amount of letters to lawmakers will not yield any result.

    Writing letters to lawmakers is not going to provide any impact for this year Here is my reason it takes 3-5 weeks for the lawmakers to get the letters in DC because of special security screening requirements. By the time they receive the letters the Congress would pretty much be done with their term. The best option would be to meet with the lawmakers in their local office or in DC and appraise them of the long wait.

    Please do understand that one of the reason USCIS changed their interpretation is because many folks with Ph D's and MS from ICMP where waiting for years to get GC"s and USCIS/DOS looked stupid in explaining the reason for the long wait for such folks. Even in the "visa wastage" hearing in the House immigration committee (on Apr 30) the DOS/USCIS was having trouble explaining the long wait times. One of the witness in the hearing was a PhD from China and had been waiting for years for his GC.

    Come on folks. EB2 forward movement is good for EB3's, because EB2 will soon become current and the spillovers will be soon coming to EB3 after EB3 ROW is current. I am anticipating DOS will turn EB2 current in the second half of the year and this will ensure all the spillovers will flow into EB3's because EB2's with PD mid-2007 to now will not be able to clear the NC 180 day barrier. Cheer up folks and let us focus on the real problem getting more number of visa's through recapture.

    If you feel strongly about the cause you should meet with your lawmakers office and address the issue. Letter campaign in not going to yield any short term impact. Please take the time to meet with your lawmakers

    why are we giving so much importance to Ron. If he is so concerned about this issue why can't he take up this issue with AILA? He is a member of AILA.





    BharatPremi
    09-24 11:34 PM
    I have eb3 485 and am working on EB3 EAD. I do not have a h1b

    Eb3 485 Filed on July 2007

    Got a promotion at the same company in Jan 2009 and applied for Labor n Eb2 for the new position

    Still wating for Perm approval in EB2

    Beautifulmind,

    I do not want to scare you but what you are claiming here i.e. while working on EB3-EAD aceepting promotion for a EB2-level skill can not be accepted by USCIS. You simply can not accept higher skill level based promotion like that. I think you should first sit down with a good lawyer and find out the solution of this already created mess and then think about interfiling.

    Based on all info you provided it looks like our cases are not similar. I have already new approved I-140 - EB2 base - approved in year 2006. My 485 is attached to EB3.





    cbpds
    04-05 04:08 PM
    One might get a better answer from this thread

    Donor Forum: Analysis for EB2IC based on new..



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