Pegasus503
02-20 06:46 PM
The damn thing was taken down before I could save it. Did anyone save the file?
The link just worked for me
I saved it as a pdf and doc, but the upload keeps failing so here's the text:
Office of Communications
Questions & Answers
February 20, 2008
FBI NAME CHECK POLICY
Q. How has USCIS changed its national security reporting and adjudication requirements?
A. USCIS has not changed its background check policies as those policies related to naturalization applications. Recently, the agency did modify its existing guidance for applications where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. For these types of applications, including applications for lawful permanent residence, the adjudicators will approve the application if it is otherwise approvable and the FBI name check request has been pending for more than 180 days. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably.
Q. Why is this policy being implemented?
A. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
A. Yes. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings. Lastly, in general these individuals have been in the United States for some time and have previously been subjected to DHS background checks.
Q. What applications are affected by this policy change?
A. Applications included in this policy are:
• I-485, Application to Register Permanent Residence or Adjust Status;
• I-601, Application for Waiver of Ground of Inadmissibility;
• I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
• I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).
Q. How many applications for lawful permanent residence are affected by this policy change?
A. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008.
Q. Does this policy change affect naturalization applications?
A. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
Q. How long will it take for USCIS to work through these cases affected by the policy change?
A. USCIS has begun identifying the cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
Q. USCIS Director Gonzalez pledged in his January 17, 2008, testimony regarding naturalization backlogs before Congress not to cut corners in the adjudicative process or risk national security in the interest of production? Does this policy comply with the Director’s pledge?
A. Yes. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400), For those applications for permanent residence that are affected by this policy modification, no application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI name check requests upon receipt of the applications and will review, monitor and track cases approved under this policy until the FBI name check is complete. In the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings.
Q. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?
A. No.
Q. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if they believe their application meets the criteria of this new policy?
A. We recommend that customers wait until mid-March before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283.
Q10. Will USCIS automatically notify an applicant to appear at an Application Support Center if their fingerprints have expired?
A10. Applicants will be notified through an appointment notice if new/updated fingerprint checks are needed.
in the time it took me to copy and paste it was already posted above
The link just worked for me
I saved it as a pdf and doc, but the upload keeps failing so here's the text:
Office of Communications
Questions & Answers
February 20, 2008
FBI NAME CHECK POLICY
Q. How has USCIS changed its national security reporting and adjudication requirements?
A. USCIS has not changed its background check policies as those policies related to naturalization applications. Recently, the agency did modify its existing guidance for applications where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. For these types of applications, including applications for lawful permanent residence, the adjudicators will approve the application if it is otherwise approvable and the FBI name check request has been pending for more than 180 days. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably.
Q. Why is this policy being implemented?
A. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
A. Yes. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings. Lastly, in general these individuals have been in the United States for some time and have previously been subjected to DHS background checks.
Q. What applications are affected by this policy change?
A. Applications included in this policy are:
• I-485, Application to Register Permanent Residence or Adjust Status;
• I-601, Application for Waiver of Ground of Inadmissibility;
• I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
• I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).
Q. How many applications for lawful permanent residence are affected by this policy change?
A. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008.
Q. Does this policy change affect naturalization applications?
A. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
Q. How long will it take for USCIS to work through these cases affected by the policy change?
A. USCIS has begun identifying the cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates that the majority of the cases that are subject to this policy modification will be processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
Q. USCIS Director Gonzalez pledged in his January 17, 2008, testimony regarding naturalization backlogs before Congress not to cut corners in the adjudicative process or risk national security in the interest of production? Does this policy comply with the Director’s pledge?
A. Yes. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400), For those applications for permanent residence that are affected by this policy modification, no application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI name check requests upon receipt of the applications and will review, monitor and track cases approved under this policy until the FBI name check is complete. In the unlikely event that DHS receives actionable information after the application is approved, it will initiate removal proceedings.
Q. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?
A. No.
Q. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if they believe their application meets the criteria of this new policy?
A. We recommend that customers wait until mid-March before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283.
Q10. Will USCIS automatically notify an applicant to appear at an Application Support Center if their fingerprints have expired?
A10. Applicants will be notified through an appointment notice if new/updated fingerprint checks are needed.
in the time it took me to copy and paste it was already posted above
wallpaper Lovell Beach House
gc_chahiye
12-18 08:15 PM
Thanks for explaining this clearly. 2 Questions:
1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?
filing of MTR does not give you status, once they accept it, yes you are in status again.
2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?
yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.
1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?
filing of MTR does not give you status, once they accept it, yes you are in status again.
2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?
yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.
path2success
01-02 10:27 AM
Hi Group,
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
2011 Lovell Beach House, Analyses
hpandey
07-13 02:16 PM
Congrats Brother .. Patience finally paid off. Hope you see better times ahead. Indeed a very long journey. :)
Thanks for donating to IV and supporting our cause. I
Thanks for donating to IV and supporting our cause. I
more...
somegchuh
11-26 05:14 PM
Financially, most economoists are predicting that east bay market is bound to fall further. (I would not discount the opinion of CNN Money easily).
That having been said, I agree that living in a house is definitely more about feeling than about finances.
How does someone know when is the right time to buy a home? Anytime is a good time to buy a home, as long as you can afford it. I thought the last few months were good time for buyers because of the inventory situation (more choices or otherwise you bid usually in CA) - I dont think anyone can predict the market situation in 5 years and no one makes money in 2 years in a good market condition as well. I bought it 2 months ago in East bay and I am planning to hold it for another five years atleast and both spouse and I work - it is certainly not an investment for us, rather a place that we live - it is a rare feeling one gets after living in exile (apartments)
That having been said, I agree that living in a house is definitely more about feeling than about finances.
How does someone know when is the right time to buy a home? Anytime is a good time to buy a home, as long as you can afford it. I thought the last few months were good time for buyers because of the inventory situation (more choices or otherwise you bid usually in CA) - I dont think anyone can predict the market situation in 5 years and no one makes money in 2 years in a good market condition as well. I bought it 2 months ago in East bay and I am planning to hold it for another five years atleast and both spouse and I work - it is certainly not an investment for us, rather a place that we live - it is a rare feeling one gets after living in exile (apartments)
spindoctor
07-19 11:21 PM
I would urge you to change the title as most of your problems are due to your own decisions and not due to agency.
back to your post
That is correct. Every visa has an intent and purpose that is why there are several types of visas. If the intention is to immigrate, absalutely they will not issue B1 no matter what the applicant say during the interview.
Consular processing is a long shot, best bet is as someone else said in the post
Follow to join" provides derivatives opportunity to join beneficiary within 6 months (spouse and kids).
IF the dates retrogress, you may have to talk to prospective employers who will sponsor H1B and then bring her back to US on H4.
I will pray and hope that you will get GC soon and your spouse be able to join you.
And last, Be little considerate in the forum and little deplomacy to express the ideas will help communion with fellow IV members smooth. I do get a feel of "arrogance" reading your posts and does not fit the status co and not very useful to get ideas to solve your problems.
Thanks friend. I do hope your prayers work for me. But I still find it strange that if someone has a pending I-485 through consular processing route, then he/she can't get a visitor visa no matter what? What if it is a medical crisis? Family reunion issues? This sure sucks. I will check with some lawyer on this.
And lastly what you detect as arrogance is my plain talking style. Did I make personal attack on anyone? no, right? Life is like a game of chess. Make the move which makes the best sense at any stage. What is the point in thinking about past moves?
Follow to join looks like a good move as of now. But I can use this move only if my GC is approved first. But I doubt my GC will be approved in a month or so. So if my GC is still pending and dates retrogress again, we are stuck. On the other hand if my wife applies I-485 in india she can't get a visitor visa. If she comes to US first on B1, then she can't file I-485 because of violation of intent. I need one damn grandmaster of a lawyer to fix this game man.
back to your post
That is correct. Every visa has an intent and purpose that is why there are several types of visas. If the intention is to immigrate, absalutely they will not issue B1 no matter what the applicant say during the interview.
Consular processing is a long shot, best bet is as someone else said in the post
Follow to join" provides derivatives opportunity to join beneficiary within 6 months (spouse and kids).
IF the dates retrogress, you may have to talk to prospective employers who will sponsor H1B and then bring her back to US on H4.
I will pray and hope that you will get GC soon and your spouse be able to join you.
And last, Be little considerate in the forum and little deplomacy to express the ideas will help communion with fellow IV members smooth. I do get a feel of "arrogance" reading your posts and does not fit the status co and not very useful to get ideas to solve your problems.
Thanks friend. I do hope your prayers work for me. But I still find it strange that if someone has a pending I-485 through consular processing route, then he/she can't get a visitor visa no matter what? What if it is a medical crisis? Family reunion issues? This sure sucks. I will check with some lawyer on this.
And lastly what you detect as arrogance is my plain talking style. Did I make personal attack on anyone? no, right? Life is like a game of chess. Make the move which makes the best sense at any stage. What is the point in thinking about past moves?
Follow to join looks like a good move as of now. But I can use this move only if my GC is approved first. But I doubt my GC will be approved in a month or so. So if my GC is still pending and dates retrogress again, we are stuck. On the other hand if my wife applies I-485 in india she can't get a visitor visa. If she comes to US first on B1, then she can't file I-485 because of violation of intent. I need one damn grandmaster of a lawyer to fix this game man.
more...
undertaker
05-15 11:46 AM
While I do not condone all practices of these big companies: coz of them many ppl sitting in India will have a H-1 and may never come here but me and some of my friends who have been working hard as students here (doing B.S. from a very reputed school, that still doesn't help be cap exempt) shall likely be left out.
But, I do see racism in all this H-1B talk, lets face it: these are means to control (mostly) Asian immigration, I'm sure this wouldn't be an issue at all if H-1B was not the 'brown man's' visa to America.
PS: Just my 2 cents, no offense intended to anyone of any color.
But, I do see racism in all this H-1B talk, lets face it: these are means to control (mostly) Asian immigration, I'm sure this wouldn't be an issue at all if H-1B was not the 'brown man's' visa to America.
PS: Just my 2 cents, no offense intended to anyone of any color.
2010 Lovell Beach-House
sanjay
09-19 03:03 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Things don't happen so soon, and that too with law makers. Our purpose of rally was to bring awareness in media, public and Lawmakers. and in that part I think we did reasonably good. Now, things are into Law makers hands and it may take time to resolve immigration system, as its been screwed from decades.
Keep your hopes alive and just wait and watch. There's nothing we can do more.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Things don't happen so soon, and that too with law makers. Our purpose of rally was to bring awareness in media, public and Lawmakers. and in that part I think we did reasonably good. Now, things are into Law makers hands and it may take time to resolve immigration system, as its been screwed from decades.
Keep your hopes alive and just wait and watch. There's nothing we can do more.
more...
skakodker
07-17 08:36 AM
Exactly. God foribid we lose our jobs. Before and after this announcement we are one bad earnings quarter away from being shipped back home. Its hard to enjoy life with stress like this.
jasquil
We recently experienced a miracle of unity through the hugely successful flower campaign. What a shot in the arm that was!
My suggestion to you is to keep an open mind, accepting that your circumstances aren't presently of your choosing. Once you acknowledge your stress and accept it, you will be in a better position to focus on other aspects of your life that you might be neglecting as a result of your stress - for instance, having fun.
Life is short. Choose to live.
jasquil
We recently experienced a miracle of unity through the hugely successful flower campaign. What a shot in the arm that was!
My suggestion to you is to keep an open mind, accepting that your circumstances aren't presently of your choosing. Once you acknowledge your stress and accept it, you will be in a better position to focus on other aspects of your life that you might be neglecting as a result of your stress - for instance, having fun.
Life is short. Choose to live.
hair Summer Beach House architecture Design for Summer Holiday in Australian
raysaikat
01-09 11:56 AM
Hi,
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
Remember that you need to pay the entire cost of insurance from your own pocket for COBRA for whatever time you use it. Typically that's around $500 per month per person (depending upon the coverage, place, etc.). The only benefit of COBRA is that you can keep seeing the same doctor.
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
Remember that you need to pay the entire cost of insurance from your own pocket for COBRA for whatever time you use it. Typically that's around $500 per month per person (depending upon the coverage, place, etc.). The only benefit of COBRA is that you can keep seeing the same doctor.
more...
H1B-GC
08-13 01:56 PM
Iam in the similar situation, but my wife came here only last month on H4. My GC was approved yesterday. Now I have all the documents ready for my wife's GC application to be sent to USCIS. My lawyer also told me to immediately mail the application to USCIS since I did not receive my GC on hand yet.
My concern is will my wife's application get rejected since my I485 has been approved? Pls help!
I guess since you got Married before your GC Got approved, you should be fine. Your PD,RD and ND,Service Center Please?? Did your NC get cleared?
My concern is will my wife's application get rejected since my I485 has been approved? Pls help!
I guess since you got Married before your GC Got approved, you should be fine. Your PD,RD and ND,Service Center Please?? Did your NC get cleared?
hot each house decor.
dreamworld
09-27 10:35 PM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
enggr... First Welcome IV!!! The great place to meet like minded people.
If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.
Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.
In any case, You need to respond to RFE with a good business case. and go for the next step.
Good luck buddy.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
enggr... First Welcome IV!!! The great place to meet like minded people.
If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.
Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.
In any case, You need to respond to RFE with a good business case. and go for the next step.
Good luck buddy.
more...
house floor plans toautodesk
Googler
02-28 04:07 PM
The fine print matters as always:
"A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days."
They'll define normal processing times in some weaselly way of course -- like that random date they show in the processing time charts. It is not the normative 6 months timeframe, since the statement implies that an application that has a current PD and has been pending for 180 days (cos its name check is pending for 180 days presumably the application has been pending 180 days) can be "within normal processing times."
So current PD + 180 day pending namecheck = 47K.
And current PD + 180 pending namecheck + outside "normal processing times" = 10K.
The 10K is from the Ron Gotcher post on Imminfo (http://immigration-information.com/forums/showpost.php?p=14035&postcount=1).
Note that the TSC processing date for EB I-485 moved back to April from May 24, 2007. So the flood of applicants from June are certainly not "within normal processing times" even if they fell out of the BECs and have an early PD, and have a namecheck pending >180 days.
"A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days."
They'll define normal processing times in some weaselly way of course -- like that random date they show in the processing time charts. It is not the normative 6 months timeframe, since the statement implies that an application that has a current PD and has been pending for 180 days (cos its name check is pending for 180 days presumably the application has been pending 180 days) can be "within normal processing times."
So current PD + 180 day pending namecheck = 47K.
And current PD + 180 pending namecheck + outside "normal processing times" = 10K.
The 10K is from the Ron Gotcher post on Imminfo (http://immigration-information.com/forums/showpost.php?p=14035&postcount=1).
Note that the TSC processing date for EB I-485 moved back to April from May 24, 2007. So the flood of applicants from June are certainly not "within normal processing times" even if they fell out of the BECs and have an early PD, and have a namecheck pending >180 days.
tattoo Side Elevation of Lovell Beach
jchan
11-30 04:54 PM
Thanks for the good work. However, I saw a major potential flaw in estimating the applications from ROW. The report finds the life cycle for a ROWer to submit 485 is 1 year, thus assuming little AOS applications will be filed in the coming year from ROW. But this analysis forgot to consider those ROWers who started GC in year 2008. A person who started working in 11/2008 is ready to submit 485 now and uses one quota, even if a person who just started working won't be able to submit AOS till a year from now. With this under consideration, I feel the spillover will be much less than initially estimated.
Please correct me if I missed anything.
Please correct me if I missed anything.
more...
pictures Here is one of Schindler#39;s
jfredr
08-22 10:33 AM
Why not GC_sufferer do it for us
dresses each house decor.
eb3_nepa
12-20 11:44 AM
If true this would REALLY benefit a lot of spouses especially someone like our core member Shilpa.
I am just surprised that none of the Big law firms have reported it. I guess now the h4's will have to wait till Oct 2007 to get their H1Bs
I am just surprised that none of the Big law firms have reported it. I guess now the h4's will have to wait till Oct 2007 to get their H1Bs
more...
makeup Lovell Beach House
Arjun
01-04 12:50 PM
Question.
If you have one wife and u get divorced you have to give her 50% of what u have.
What happens if you have 2 wives? ;)
They both get 50/50 :D
If you have one wife and u get divorced you have to give her 50% of what u have.
What happens if you have 2 wives? ;)
They both get 50/50 :D
girlfriend for this chic each house
tdasara
06-10 08:34 AM
Just a ONE TIME recapture can clear this mess!
Just ONE TIME!!
Just ONE TIME!!
hairstyles But on that day, her plans
dealguy007
05-12 09:35 AM
The bill text says there is NO fee and the applications need to be processed expedited.
--------------------------------------------
SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.
Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.
--------------------------------------------
So once this bill passes, we can just forget about legal immigration applications for 2 ~3 years, until all illeagul and UNDOCUMENTED applications are processed.
This is going to effect all legal immigrant community, think about waiting for AP, EAD, H1B application and guess people might have to suffer loosing jobs while waiting for these applications processed.
Hope they don't pass this bill and kick us back by 5 Years.
I don't see a relation between Obama saying ..... Cisco, Intel, Ebay started by Immigrants and DREAM. Those Immigrants he is referring to are from India/China and DREAM are from Mexico.
Am i missing something here?
--------------------------------------------
SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.
Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.
--------------------------------------------
So once this bill passes, we can just forget about legal immigration applications for 2 ~3 years, until all illeagul and UNDOCUMENTED applications are processed.
This is going to effect all legal immigrant community, think about waiting for AP, EAD, H1B application and guess people might have to suffer loosing jobs while waiting for these applications processed.
Hope they don't pass this bill and kick us back by 5 Years.
I don't see a relation between Obama saying ..... Cisco, Intel, Ebay started by Immigrants and DREAM. Those Immigrants he is referring to are from India/China and DREAM are from Mexico.
Am i missing something here?
BharatPremi
11-06 07:42 PM
On a side note, I was wondering what happens to derivative/secondary beneficiaries 485 applications if the primary beneficiary is stuck in name check.....If secondary beneficiaries are cleared and primary is not, then does USCIS approve GCs for secondary beneficiaries..
No.. They are also stuck till primary gets clear.
No.. They are also stuck till primary gets clear.
sayantan76
04-13 06:03 PM
I am new to this community and have been watching some other forums online, but I am glad we have one dedicated for EB immigration. Way to go Immigration Voice!!!
Now, before anyone jumps at me, I promise to contribute for IV's efforts and donate for the various projects in a couple days.
The reason I am posting this is because I saw various threads with various ideas to gain visibility and make out cause known to all. I saw thready ranging from writing to senators to sending a 1 cent check everyday to sending a voided check for a big amount. Other notable ideas include sending flowers, calling senators, FOIA campaign, writing to the Obama administration, etc. While I agree that each of these actions contribute small drops to the ocean, I honestly think we should think BIG!!
I have analyzed EB Immigration considerably and here are my thoughts -
Anti-Immigrants, especially the ones against EB Immigration feel that we take away their jobs. However our defense against that is there's aren't that many skilled immigrants for certain skill set and hence we fill that void and keep corporate America competitive. However a lot of us argue that we who are waiting in line for our potential Green Cards pay our taxes and aide by the law, etc. All valid arguments. However, that doesn't make us any different than the majority of the 90% workforce that is employed. They all pay taxes too.
I have seen other ideas being floated around where they said "Buy a house, get a green card." Now, two issues with this - How many of us potential immigrants have 250 grand to invest in a house? I don't and can perhaps pay 5-10% down payment on a house. But if I lose my job, then I will be forced to default too and that doesn't help the economy. Also, there are more than 10 million homes in foreclosure and even hypothetically, let's say we will buy a house on a mortgage at 10% down. There are, say 1 million immigrants in waiting including dependents. And we buy 500,000 homes. That is a small dent in the entire real estate economy. Won't make a significant difference. Secondly, the current mess we are in was caused by the "sub prime" mortgage loans. If you know what "sub prime" means, then you probably know the areas where these houses were purchased. Have you seen the neighborhoods or the areas where these houses are foreclosed? A majority of us won't even drive through there, leave alone buying houses there. So obviously, us buying homes is not going to solve this economic mess. If you still insist, then you perhaps need to take a class on economics 101.
OK, say why am I saying all this? Well, for one, while its great that we put our brains to work to help solve the economic crisis, since a good economy has a knock on effect on immigration, but we can't come up with ordinary ideas. These are extraordinary times and we need extraordinary ideas. We need to think out of the box. I appreciate the efforts of IV with the FOIA drive, but here's my question with that - Besides knowing how long the wait is going to be to get our GC based on the information from USCIS, what other purpose is the FOIA going to solve? Probably not much. But I do agree that having those numbers helps us in identifying where we need to focus our lobbying efforts. If we know the bottleneck is EB2-EB3 spillover, we can work on that with USCIS.
Someone mentioned in another thread where we all need to concentrate on one effort rather than be divided in multiple efforts. And I think it was suggested that we focus on visa numbers recapturing. I think its a great idea. However, please be aware that in the context of CIR, EB immigration is a small drop. And hence any lobbying to increase/recapture visa numbers need to be done with the FB immigration. EB and FB together can lobby for the recapture visa numbers project and might achieve considerable success.
If we as EB immigrants need to make our voice known, we need to take a leaf out of the President's book, from his campaign. He started a grass roots level campaign and look at where that has led him to!! So here is my suggestion for a project that will highlight our cause and lead some of the anti- EB Immigration Aholes to shut up their various holes.
I am assuming we have around 500K immigrants in waiting. Let's say there are 250K primary applicants. The goal is we try to get an email database of as many potential immigrants we can. Next we start an email campaign highlighting a story of an immigrant family or a news article against immigration or lobbying by anti immigrant groups or lack of visibility in ongoing discussions on CIR. At the bottom of each email, we have a donate button that takes the person to IV's donation page/paypal, whatever it might be. We start with a minimum of $50 and go upwards to $500. The goal is if we have atleast, say 100,000 potential immigrants to contribute a min of $50, then if my calculations are in order, that is about $5 Millions. We might have more depending on how many more people contribute and how much more than the min $50 that people contribute. But the baseline collection would be about $5 Million. OK, so what do we with that money? Well, the biggest skill set for us EB immigrants are our education. We have a minimum of a bachelors degree and have a penchant for being well educated. That is the weakness in the American education system - Education. We say thousands of high school dropouts. Thousands of college drop outs. The Obama administration has clearly said they need to invest in America's future. And hence they have a big ambitious spending on fixing the educational system. I know that as non permanent residents or citizens, we are not allowed to contribute to any politicians. However, we can donate money to the state or to a charity organization. What I suggest is we collect this money and send it to the first lady, Michelle Obama and have her send this to a non profit community project for education on our behalf. This will bring a lot of attention because we as EB immigrants are saying, we want to contribute to better the educational system if given a chance so that the future American generations don't become prey to the 21st century American competitiveness like outsourcing and H Visas and stuff.
This might seem like a small drop in the ocean, but it is definitely a bright one!! And don't tell me it can't be done. It sure can be done. There was someone who already did this at the grassroots level, and his name is Barack Obama!!!
I am willing to talk to the IV Core team to discuss if needed.
While it seems like a great initiative - lets take a step back and examine the "materiality" of the $5MM number........
1. Annual budget of a typical State Univ is upwards of $1Bn.
2. $5MM can pay for college education of say, 100 kids (only about 50 if you include living expenses)
So, what the message that would go out in media would actually read like is the following:
"100,000 green card applicants trying to buy their way to US Residency by sponsoring 100 kids' college education and/or contributing 0.2% of Ohio State University's Annual Budget"
To the average American worker who has lost his/her job or knows someone close who has - this would, in my mind, seem like a bribe........and make them anti-EB if they already were not.........
All immigrant and non-immigrant workers do their fair share for this country by paying their taxes and abiding by the laws of the land + they pay significant fees during their entire H1 and GC process- a proposal that involves them shelling out any more $$s would only create a sense that we are trying to buy our way in plus its not really fair on the applicants in any way.
Now, before anyone jumps at me, I promise to contribute for IV's efforts and donate for the various projects in a couple days.
The reason I am posting this is because I saw various threads with various ideas to gain visibility and make out cause known to all. I saw thready ranging from writing to senators to sending a 1 cent check everyday to sending a voided check for a big amount. Other notable ideas include sending flowers, calling senators, FOIA campaign, writing to the Obama administration, etc. While I agree that each of these actions contribute small drops to the ocean, I honestly think we should think BIG!!
I have analyzed EB Immigration considerably and here are my thoughts -
Anti-Immigrants, especially the ones against EB Immigration feel that we take away their jobs. However our defense against that is there's aren't that many skilled immigrants for certain skill set and hence we fill that void and keep corporate America competitive. However a lot of us argue that we who are waiting in line for our potential Green Cards pay our taxes and aide by the law, etc. All valid arguments. However, that doesn't make us any different than the majority of the 90% workforce that is employed. They all pay taxes too.
I have seen other ideas being floated around where they said "Buy a house, get a green card." Now, two issues with this - How many of us potential immigrants have 250 grand to invest in a house? I don't and can perhaps pay 5-10% down payment on a house. But if I lose my job, then I will be forced to default too and that doesn't help the economy. Also, there are more than 10 million homes in foreclosure and even hypothetically, let's say we will buy a house on a mortgage at 10% down. There are, say 1 million immigrants in waiting including dependents. And we buy 500,000 homes. That is a small dent in the entire real estate economy. Won't make a significant difference. Secondly, the current mess we are in was caused by the "sub prime" mortgage loans. If you know what "sub prime" means, then you probably know the areas where these houses were purchased. Have you seen the neighborhoods or the areas where these houses are foreclosed? A majority of us won't even drive through there, leave alone buying houses there. So obviously, us buying homes is not going to solve this economic mess. If you still insist, then you perhaps need to take a class on economics 101.
OK, say why am I saying all this? Well, for one, while its great that we put our brains to work to help solve the economic crisis, since a good economy has a knock on effect on immigration, but we can't come up with ordinary ideas. These are extraordinary times and we need extraordinary ideas. We need to think out of the box. I appreciate the efforts of IV with the FOIA drive, but here's my question with that - Besides knowing how long the wait is going to be to get our GC based on the information from USCIS, what other purpose is the FOIA going to solve? Probably not much. But I do agree that having those numbers helps us in identifying where we need to focus our lobbying efforts. If we know the bottleneck is EB2-EB3 spillover, we can work on that with USCIS.
Someone mentioned in another thread where we all need to concentrate on one effort rather than be divided in multiple efforts. And I think it was suggested that we focus on visa numbers recapturing. I think its a great idea. However, please be aware that in the context of CIR, EB immigration is a small drop. And hence any lobbying to increase/recapture visa numbers need to be done with the FB immigration. EB and FB together can lobby for the recapture visa numbers project and might achieve considerable success.
If we as EB immigrants need to make our voice known, we need to take a leaf out of the President's book, from his campaign. He started a grass roots level campaign and look at where that has led him to!! So here is my suggestion for a project that will highlight our cause and lead some of the anti- EB Immigration Aholes to shut up their various holes.
I am assuming we have around 500K immigrants in waiting. Let's say there are 250K primary applicants. The goal is we try to get an email database of as many potential immigrants we can. Next we start an email campaign highlighting a story of an immigrant family or a news article against immigration or lobbying by anti immigrant groups or lack of visibility in ongoing discussions on CIR. At the bottom of each email, we have a donate button that takes the person to IV's donation page/paypal, whatever it might be. We start with a minimum of $50 and go upwards to $500. The goal is if we have atleast, say 100,000 potential immigrants to contribute a min of $50, then if my calculations are in order, that is about $5 Millions. We might have more depending on how many more people contribute and how much more than the min $50 that people contribute. But the baseline collection would be about $5 Million. OK, so what do we with that money? Well, the biggest skill set for us EB immigrants are our education. We have a minimum of a bachelors degree and have a penchant for being well educated. That is the weakness in the American education system - Education. We say thousands of high school dropouts. Thousands of college drop outs. The Obama administration has clearly said they need to invest in America's future. And hence they have a big ambitious spending on fixing the educational system. I know that as non permanent residents or citizens, we are not allowed to contribute to any politicians. However, we can donate money to the state or to a charity organization. What I suggest is we collect this money and send it to the first lady, Michelle Obama and have her send this to a non profit community project for education on our behalf. This will bring a lot of attention because we as EB immigrants are saying, we want to contribute to better the educational system if given a chance so that the future American generations don't become prey to the 21st century American competitiveness like outsourcing and H Visas and stuff.
This might seem like a small drop in the ocean, but it is definitely a bright one!! And don't tell me it can't be done. It sure can be done. There was someone who already did this at the grassroots level, and his name is Barack Obama!!!
I am willing to talk to the IV Core team to discuss if needed.
While it seems like a great initiative - lets take a step back and examine the "materiality" of the $5MM number........
1. Annual budget of a typical State Univ is upwards of $1Bn.
2. $5MM can pay for college education of say, 100 kids (only about 50 if you include living expenses)
So, what the message that would go out in media would actually read like is the following:
"100,000 green card applicants trying to buy their way to US Residency by sponsoring 100 kids' college education and/or contributing 0.2% of Ohio State University's Annual Budget"
To the average American worker who has lost his/her job or knows someone close who has - this would, in my mind, seem like a bribe........and make them anti-EB if they already were not.........
All immigrant and non-immigrant workers do their fair share for this country by paying their taxes and abiding by the laws of the land + they pay significant fees during their entire H1 and GC process- a proposal that involves them shelling out any more $$s would only create a sense that we are trying to buy our way in plus its not really fair on the applicants in any way.