Ramba
08-21 12:46 PM
Yes, the same law can be interpreted like this:
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
This was the law till 2000 (vertical spill over). After 2000, because of AC21, the INA got changed to horizontal spillover. This means each employment catagories are seperatly free from country quota if demand is less than supply in each catagory. If you analyze word by word in the language of the AC21 act, you will understand. Unfortunally (fortunatly for EB3) DOS has not interpreted the law correctly till 2006. Now they are interpreting correctly.
5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) ]for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
This was the law till 2000 (vertical spill over). After 2000, because of AC21, the INA got changed to horizontal spillover. This means each employment catagories are seperatly free from country quota if demand is less than supply in each catagory. If you analyze word by word in the language of the AC21 act, you will understand. Unfortunally (fortunatly for EB3) DOS has not interpreted the law correctly till 2006. Now they are interpreting correctly.
5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) ]for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
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CADude
10-12 01:00 PM
We know the facts that USCIS didn't follow the FIFO. There is no point in speculation when we don't know what USCIS did or why they are not following the FIFO? Hope today we can get some light, if uscis rep wish to choose so. :)
Otherwise my quest will continue for answer :D
It is a oneway call for giving information on, "USCIS Receipting Delay - How Does This Affect You?" Perhaps they are going to repleat what they said on this on Oct 5 (i.e. mention nothing about applications not in the system, other than just to wait). What if USCIS guys mixed up "done" and "yet to be done" boxes. You will perhaps never find un-entered filings, unless someone checks manually each and every filing in each and every box.
Otherwise my quest will continue for answer :D
It is a oneway call for giving information on, "USCIS Receipting Delay - How Does This Affect You?" Perhaps they are going to repleat what they said on this on Oct 5 (i.e. mention nothing about applications not in the system, other than just to wait). What if USCIS guys mixed up "done" and "yet to be done" boxes. You will perhaps never find un-entered filings, unless someone checks manually each and every filing in each and every box.
H1B-GC
08-14 11:57 PM
Got my approval today. Neither very happy nor sad.
congrats!!
congrats!!
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mchundi
01-01 02:54 PM
Good question. The bill is expected to be on the floor of the Senate and House for debate in Feb-06. Learning from S1932, it is my guess that the soonest bill could be law is 2-3 months. So we may be looking at something like April/May-06. But nothing is for sure at this time. It is possible that the debate may be dragged on till third quarter of 2006. We should start the activity to communicate with the law makers right now and continue to convey the right message if we want anything good to come out of the new bill.
The delay with S-1932 was due to other controvertial issues. As for the immigration provisions, i doubt if any law maker insisted on them being part of the bill. Most of the bickering was about oil drilling and patriot act. This time Patriot act will compete for senate time if it is not resolved by feb. Once the immigration bill is introduced, it should not take more than 2 weeks get it to vote and another week for conference committee.
My Q was even if some law is passed will the uscis wait till oct to implement any proposed changes.
I was curious as to how this works because it might be tough for me to stick with my current company for 1 1/2 years more to get portability.
Ofcourse we will try our best but somethings r not in our hands.
--MC
The delay with S-1932 was due to other controvertial issues. As for the immigration provisions, i doubt if any law maker insisted on them being part of the bill. Most of the bickering was about oil drilling and patriot act. This time Patriot act will compete for senate time if it is not resolved by feb. Once the immigration bill is introduced, it should not take more than 2 weeks get it to vote and another week for conference committee.
My Q was even if some law is passed will the uscis wait till oct to implement any proposed changes.
I was curious as to how this works because it might be tough for me to stick with my current company for 1 1/2 years more to get portability.
Ofcourse we will try our best but somethings r not in our hands.
--MC
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ramaonline
06-29 08:20 PM
According to the newsflash on murthy and other sites, the AILF is working with several organizations to prevent 485 applications from getting rejected next month. Can IV core work with them to make the case stronger?
gandu_no1
07-13 10:56 AM
Good idea kumar1, once this rollercoaster ride is over and settled.. we should start an anti-Lou Dobbs Youtube session. I will definately contribute in whatever way I can.. uploading videos, editing etc.
Lou Dobbs and CNN runs an hour long "Hate Immigrants" Program every night Monday to Friday. He repeatedly calls US immigration as a failed system, H1-B and L1...as cheap labor and stealing American jobs, he has big problem with China and China's developing economy, He blames foreigners for bad economic condition of California. He proudly uses the word "Illegal Alien". His program "Lou Dobbs Tonight" is nothing less that someone in Iran running a hate show against America. Lou Dobb always called CIR as "So Called Grand Amnesy"! Once this July visa bulletin fiasco settles down, we need to get together and attack this guy, every night so that he can stop his hate propoganda.
Lou Dobbs and CNN runs an hour long "Hate Immigrants" Program every night Monday to Friday. He repeatedly calls US immigration as a failed system, H1-B and L1...as cheap labor and stealing American jobs, he has big problem with China and China's developing economy, He blames foreigners for bad economic condition of California. He proudly uses the word "Illegal Alien". His program "Lou Dobbs Tonight" is nothing less that someone in Iran running a hate show against America. Lou Dobb always called CIR as "So Called Grand Amnesy"! Once this July visa bulletin fiasco settles down, we need to get together and attack this guy, every night so that he can stop his hate propoganda.
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InTheMoment
05-26 07:19 PM
First of all when it is visa information it is just that!
Please see answers below
Hi Friends,
I am in the process of filling I-485 form and got the following question, can you please help?
My stamped visa expired 1 year back and I am currently with H1B approval notice. In the 2nd page of I-485 form, under Part 3. Processing Information, I am wondering what I need to fill for the following columns.
1. Nonimmigrant visa number: Is this the EAC number of my current I797 or the visa number from my expired visa?. If it is from the expired visa, there are multiple numbers in the visa stamp, which one is the visa number?
------> The figures in red, not the control number on your
visa stamp.
2.Consulate where visa was issued: Is it the name of the consulate issued my last visa or Department?
------> If it was issued at a consulate state that, if
department mention department.
3.Date visa isssued: Is this is the date of last visa issued or the approval date of my current I797
-----> Again the one on your visa stamp.
Thanks advance for all your valuable suggestions.
Please see answers below
Hi Friends,
I am in the process of filling I-485 form and got the following question, can you please help?
My stamped visa expired 1 year back and I am currently with H1B approval notice. In the 2nd page of I-485 form, under Part 3. Processing Information, I am wondering what I need to fill for the following columns.
1. Nonimmigrant visa number: Is this the EAC number of my current I797 or the visa number from my expired visa?. If it is from the expired visa, there are multiple numbers in the visa stamp, which one is the visa number?
------> The figures in red, not the control number on your
visa stamp.
2.Consulate where visa was issued: Is it the name of the consulate issued my last visa or Department?
------> If it was issued at a consulate state that, if
department mention department.
3.Date visa isssued: Is this is the date of last visa issued or the approval date of my current I797
-----> Again the one on your visa stamp.
Thanks advance for all your valuable suggestions.
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easygoer
10-16 01:08 PM
As I had mentioned earlier in this thread - I had received 3 referral credits through IV. (actually I had sent out more invitations - but not everybody accepted/used my invitations).
For this, as I had promised earlier in this thread - I will contribute $75 to IV once I start using these referral credits (which will happen from next month once my own sign up referral bonus runs out).
Two of the three referrals who used my invitation also promised they will contribute $25 to IV for the referral.
To me, this appears to be an acceptable use of the IV message board. Anybody benefitting from IV by getting referrals may want to do the same.
OTOH, I think it is unfair to abuse the IV platform for personal gain. No other respectable message board allows that. Try these referral spam or other trolling activities in fatwallet of SD, and see how fast you get banned for it even though they are explicitly for deal hunting. Online anonymity is a great thing since it masks a trolls true identity. But think again - your identity is not really as secure behind online anonymity as you think unless you are a professional troll and have taken elaborate measures to obfuscate things. Trolling may come back to bite you.
Now, a question for mods - I went in to sign up for another recurring contribution for 3 months for $25 today (in addition to my normal subscription). However, I cant find any option for $25 recurring contribution now.
puddonhead, I salute your sincerity and morale. We all have to learn from you. Thanks for sending this message to all.
For this, as I had promised earlier in this thread - I will contribute $75 to IV once I start using these referral credits (which will happen from next month once my own sign up referral bonus runs out).
Two of the three referrals who used my invitation also promised they will contribute $25 to IV for the referral.
To me, this appears to be an acceptable use of the IV message board. Anybody benefitting from IV by getting referrals may want to do the same.
OTOH, I think it is unfair to abuse the IV platform for personal gain. No other respectable message board allows that. Try these referral spam or other trolling activities in fatwallet of SD, and see how fast you get banned for it even though they are explicitly for deal hunting. Online anonymity is a great thing since it masks a trolls true identity. But think again - your identity is not really as secure behind online anonymity as you think unless you are a professional troll and have taken elaborate measures to obfuscate things. Trolling may come back to bite you.
Now, a question for mods - I went in to sign up for another recurring contribution for 3 months for $25 today (in addition to my normal subscription). However, I cant find any option for $25 recurring contribution now.
puddonhead, I salute your sincerity and morale. We all have to learn from you. Thanks for sending this message to all.
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Ramba
09-26 06:33 PM
This is complete non-sense. See the fact of capitalistic approch. Reckless free market approch brought the country to (wall) street. If no regulation and control by the government, the CEOs/Captialist screw you and me. see Enron. See WAMU. The CEO of WAMU walks away with millions of $ after screwing the bank. Where did you studied socialist goverment do not create high tech job? Captalistic form of government is good only if, the CEOs/capitalists are Gandi/Budda.
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gc_on_demand
09-16 12:15 PM
There are some positive news regarding this bills.
(1) As some one mentioned despite tight dead line and pressure for Energy bill House committe is attempting to Markup bill which tells lot. They must have seen light at end of tunnel so they are taking risk. They will not touch if chances are less than 99 % becasue there are lots of bills pending needs action.
(2) As per NumberUSA Senate leader is doing some thing in back door. Means there must be deal going on between dems and some reps to pass Everify- recapture bill before end of sep.
(3) Last time when (9/10 ) when bill was about to discuss NumberUSA has big RED bar for action iteam . This time it is coming back and with no of co-sponser / favor increase , number USA is missing that red bar. Means they have accepted that bill will pass.
See first post by papau.. No of favor / cosponser are more now. So our calling is working.. There are some lawmakers that we need to focus. Spe. reps . Please call to them and once you think you are done and have little time call Those 3 anti lawmakers. I think we will see some light tomorrow.
(1) As some one mentioned despite tight dead line and pressure for Energy bill House committe is attempting to Markup bill which tells lot. They must have seen light at end of tunnel so they are taking risk. They will not touch if chances are less than 99 % becasue there are lots of bills pending needs action.
(2) As per NumberUSA Senate leader is doing some thing in back door. Means there must be deal going on between dems and some reps to pass Everify- recapture bill before end of sep.
(3) Last time when (9/10 ) when bill was about to discuss NumberUSA has big RED bar for action iteam . This time it is coming back and with no of co-sponser / favor increase , number USA is missing that red bar. Means they have accepted that bill will pass.
See first post by papau.. No of favor / cosponser are more now. So our calling is working.. There are some lawmakers that we need to focus. Spe. reps . Please call to them and once you think you are done and have little time call Those 3 anti lawmakers. I think we will see some light tomorrow.
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BharatPremi
09-24 04:39 PM
I don't get how you are getting the 8008 figure. Based on the 9%, you are right about the cap for any country being 12,600 for all EB categories combined.
Pre-adjudication has nothing to do with country quota. And 'assigning a number' is still based on country quota. With all the pre-adjudication, it is likely that 'assigned numbers' = GC approvals. The 'assigned numbers' concept was a lot more relevant till last year, when they had numbers, but still had to 'process' the applications. Now most applications seem to have been 'pre-processed'(pre-adjudicated)
I do appreciate your work. Just trying to help achieve a more accurate figure.
1) Each (EB1/2/3) - 28.6% WW quota = 40040
2) 5 subscription cataegories under each EB category: I,P,C,M,ROW
3) Assumption - USCIS distributes equal share among these 5 different subscription categories = 40040/5 =8008 in each EB category for a particular subscription category.
Example:
EB3 All = 40040 ( 0.286 x 140000)
EB3 ALL = EB3 I + EB3 C + EB3 M + EB3 P + EB3 ROW
Assuming equal share of all of these 5 subscription categories - 40040/5 = 8008 applications to be worked for "Assigning the visa number" not " for granting the visa (IN other words physical greencard order)"
7% + 2% = 9% country specific limit is meant for "Granting the visa - Ordering Physical Green card" out of "Applications which have been assigned a visa number" NOT FOR "Assigning the visa number"
Pre-adjudication has nothing to do with country quota. And 'assigning a number' is still based on country quota. With all the pre-adjudication, it is likely that 'assigned numbers' = GC approvals. The 'assigned numbers' concept was a lot more relevant till last year, when they had numbers, but still had to 'process' the applications. Now most applications seem to have been 'pre-processed'(pre-adjudicated)
I do appreciate your work. Just trying to help achieve a more accurate figure.
1) Each (EB1/2/3) - 28.6% WW quota = 40040
2) 5 subscription cataegories under each EB category: I,P,C,M,ROW
3) Assumption - USCIS distributes equal share among these 5 different subscription categories = 40040/5 =8008 in each EB category for a particular subscription category.
Example:
EB3 All = 40040 ( 0.286 x 140000)
EB3 ALL = EB3 I + EB3 C + EB3 M + EB3 P + EB3 ROW
Assuming equal share of all of these 5 subscription categories - 40040/5 = 8008 applications to be worked for "Assigning the visa number" not " for granting the visa (IN other words physical greencard order)"
7% + 2% = 9% country specific limit is meant for "Granting the visa - Ordering Physical Green card" out of "Applications which have been assigned a visa number" NOT FOR "Assigning the visa number"
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ssa
11-25 01:46 PM
But, can somebody answer my question above..........why is the same house (not even a brick changed) being appraised at around 100k lower than it was done 2 years back, by the same bank??
For the same reason S&P500 shares which used to be something like $130-140 couple of months back are now selling for $85. Now should I go blaming NYSE/NASDAQ for that and ask my money back?
Buying house is not much different than buying stocks - both of them are investments at the most fundamental level and are hence susceptible to ups and downs. If you don't have stomach for it just don't do it.
Now, if you say you don't treat your home as investment but as a place to live then you should not be bothered if your house value is down temporarily in the short term. You can still live in it.
The very first post in the thread says the poster hoped to sell it off in two years and pocket a quick profit. Nothing wrong with that but it's called speculation and every speculation carries a certain risk with it. Own up to that risk! There is no investment with only upside. That's the very basic tenet of investment.
For the same reason S&P500 shares which used to be something like $130-140 couple of months back are now selling for $85. Now should I go blaming NYSE/NASDAQ for that and ask my money back?
Buying house is not much different than buying stocks - both of them are investments at the most fundamental level and are hence susceptible to ups and downs. If you don't have stomach for it just don't do it.
Now, if you say you don't treat your home as investment but as a place to live then you should not be bothered if your house value is down temporarily in the short term. You can still live in it.
The very first post in the thread says the poster hoped to sell it off in two years and pocket a quick profit. Nothing wrong with that but it's called speculation and every speculation carries a certain risk with it. Own up to that risk! There is no investment with only upside. That's the very basic tenet of investment.
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pappu
08-04 06:38 PM
http://triceiver.com/USCIS_Background_Security_Check_Immigration.aspx
USCIS Background Security Checks
Copyright � Triceiver.com
The United States Citizenship and Immigration Services (USCIS) conducts security checks on all applicants seeking immigration benefit. Both green card and citizenship applications are subject to such scrutiny. Regardless of whether you file I-485 or seek Consular Processing, employment or family based, your case will not be approved unless several levels of background checks have been cleared.
However, there are currently a vast number of applications stuck in this process, waiting from months to several years. This has created tremendous anxiety among people affected, largely due to concerns over an unknown future and the lack of communications offered by authorities.
Since 2002, USCIS has increased the number and scope of background checks. There are typically three types of investigations, but USCIS may conduct other reviews if necessary.
IBIS Name Check
According to USCIS, “The Interagency Border Inspection System (IBIS) … combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns.” It is usually a rather quick process, as USCIS can access information from these multiple government agencies electronically. The result is usually available immediately. However, it is not uncommon for this process to take several months as reported by the immigration community.
FBI Fingerprint Check
After submitting an immigration petition, the applicant will receive a fingerprint notice. The applicant is required to go to a nearby USCIS facility and have fingerprints, signature and photo taken. The information is then transmitted to the FBI to check for any criminal records. This is another quick process, and result is usually sent back to the USCIS within 24 - 48 hours.
However, if one’s fingerprint matches a record, the FBI will forward an electronic copy of the criminal history (RAP sheet) to USCIS. An immigration officer will then review the information to see what effects it may have on the particular case. In case of previous arrests or charges, it is important to consult an attorney to ensure the accuracy of information in I-485 Adjust of Status applications.
The USCIS finger print notices will contain a code number, which represents what information is to be collected:
Code 1: 10 fingerprints
Code 2: Thumb finger print, photo and signature
Code 3: 10 fingerprints, photo and signature (code 1 + code 2)
Do not miss the fingerprint appointment. If you can’t make it, call the phone number in the notice to reschedule. If you didn’t receive the notice and got a Notice of Intent to Deny (NOID), respond before the deadline to explain your situation. Sometimes you may want to do the fingerprints early, and most service centers will allow walk-in if they are not busy. But make sure you bring the notice, which will be stamped and given back to you as a receipt.
The USCIS may request a second or third fingerprint appointment during the I485 process. The reason is that fingerprint results do expire, and USCIS still lose or misplace files. It is not uncommon for an applicant to do a code 3 fingerprint check, then just a few months later asked to do another one. Sometimes the last fingerprint check is mainly for supplying a digital photo in order to produce the green card; unfortunately this is not always the case.
Fingerprint checks are performed by the FBI's Criminal Justice Information Services (CJIS) in West Virginia. Our "How to contact USCIS and FBI" page lists their main phone number, but it is only useful to check whether FP was completed (not the actual results). Also note that fingerprint check is totally different from the FBI name check discussed below.
FBI Name Check
The FBI name check has been the source of most delays in the background check process. It is often confused with fingerprint check, but in fact is a completely different process. The FBI compares an applicant’s name, as well as variations and fragments of the name, against a large collection of “administrative, applicant, criminal, personnel and other files compiled by law enforcement.” The USCIS Fact Sheet reported that 80% of inquiries found no match and initial responses take about 2 weeks to receive from the FBI. Most of the remaining 20% cases are resolved within six months, and only less than 1% of cases take longer than six months complete FBI name check.
However, despite the small percentage, the total number of cases delayed by name check is still significant. According to USCIS Ombudsman’s 2006 annual report, “as of May 2006, USCIS reported 235,802 FBI name checks pending, with approximately 65 percent (153,166) of those cases pending more than 90 days and approximately 35 percent (82,824) pending more than one year.” The 2007 report released in June showed similar percentages, but the total number was even more daunting: 106,738 cases have been pending for more than one year. The Ombudsman also pointed out that:
“FBI name checks….significantly delay adjudication of immigration benefits for many customers, hinder backlog reductions efforts, and may not achieve their intended national security objectives.” and
“Stakeholder organizations and USCIS personnel across the country also regularly raise the issue of FBI name check delays as the most pervasive problem preventing completion of cases.”
Although some cases, such as EAD, AP and I-140, don't require FBI name check before approval, all green card applications (mostly I-485) must go through this process. And that is what people concern the most. So for this reason we will be discussing FBI name check separately on the next page.
USCIS Background Security Checks
Copyright � Triceiver.com
The United States Citizenship and Immigration Services (USCIS) conducts security checks on all applicants seeking immigration benefit. Both green card and citizenship applications are subject to such scrutiny. Regardless of whether you file I-485 or seek Consular Processing, employment or family based, your case will not be approved unless several levels of background checks have been cleared.
However, there are currently a vast number of applications stuck in this process, waiting from months to several years. This has created tremendous anxiety among people affected, largely due to concerns over an unknown future and the lack of communications offered by authorities.
Since 2002, USCIS has increased the number and scope of background checks. There are typically three types of investigations, but USCIS may conduct other reviews if necessary.
IBIS Name Check
According to USCIS, “The Interagency Border Inspection System (IBIS) … combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns.” It is usually a rather quick process, as USCIS can access information from these multiple government agencies electronically. The result is usually available immediately. However, it is not uncommon for this process to take several months as reported by the immigration community.
FBI Fingerprint Check
After submitting an immigration petition, the applicant will receive a fingerprint notice. The applicant is required to go to a nearby USCIS facility and have fingerprints, signature and photo taken. The information is then transmitted to the FBI to check for any criminal records. This is another quick process, and result is usually sent back to the USCIS within 24 - 48 hours.
However, if one’s fingerprint matches a record, the FBI will forward an electronic copy of the criminal history (RAP sheet) to USCIS. An immigration officer will then review the information to see what effects it may have on the particular case. In case of previous arrests or charges, it is important to consult an attorney to ensure the accuracy of information in I-485 Adjust of Status applications.
The USCIS finger print notices will contain a code number, which represents what information is to be collected:
Code 1: 10 fingerprints
Code 2: Thumb finger print, photo and signature
Code 3: 10 fingerprints, photo and signature (code 1 + code 2)
Do not miss the fingerprint appointment. If you can’t make it, call the phone number in the notice to reschedule. If you didn’t receive the notice and got a Notice of Intent to Deny (NOID), respond before the deadline to explain your situation. Sometimes you may want to do the fingerprints early, and most service centers will allow walk-in if they are not busy. But make sure you bring the notice, which will be stamped and given back to you as a receipt.
The USCIS may request a second or third fingerprint appointment during the I485 process. The reason is that fingerprint results do expire, and USCIS still lose or misplace files. It is not uncommon for an applicant to do a code 3 fingerprint check, then just a few months later asked to do another one. Sometimes the last fingerprint check is mainly for supplying a digital photo in order to produce the green card; unfortunately this is not always the case.
Fingerprint checks are performed by the FBI's Criminal Justice Information Services (CJIS) in West Virginia. Our "How to contact USCIS and FBI" page lists their main phone number, but it is only useful to check whether FP was completed (not the actual results). Also note that fingerprint check is totally different from the FBI name check discussed below.
FBI Name Check
The FBI name check has been the source of most delays in the background check process. It is often confused with fingerprint check, but in fact is a completely different process. The FBI compares an applicant’s name, as well as variations and fragments of the name, against a large collection of “administrative, applicant, criminal, personnel and other files compiled by law enforcement.” The USCIS Fact Sheet reported that 80% of inquiries found no match and initial responses take about 2 weeks to receive from the FBI. Most of the remaining 20% cases are resolved within six months, and only less than 1% of cases take longer than six months complete FBI name check.
However, despite the small percentage, the total number of cases delayed by name check is still significant. According to USCIS Ombudsman’s 2006 annual report, “as of May 2006, USCIS reported 235,802 FBI name checks pending, with approximately 65 percent (153,166) of those cases pending more than 90 days and approximately 35 percent (82,824) pending more than one year.” The 2007 report released in June showed similar percentages, but the total number was even more daunting: 106,738 cases have been pending for more than one year. The Ombudsman also pointed out that:
“FBI name checks….significantly delay adjudication of immigration benefits for many customers, hinder backlog reductions efforts, and may not achieve their intended national security objectives.” and
“Stakeholder organizations and USCIS personnel across the country also regularly raise the issue of FBI name check delays as the most pervasive problem preventing completion of cases.”
Although some cases, such as EAD, AP and I-140, don't require FBI name check before approval, all green card applications (mostly I-485) must go through this process. And that is what people concern the most. So for this reason we will be discussing FBI name check separately on the next page.
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pappu
08-21 10:49 AM
>> any unused visa should be given to the oldest PD irrespective of Country/Category...
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
more...
pictures 2010 31: Singers Mary J. Blige
delhirocks
06-29 09:11 PM
NO Matter how many people say "Take it easy" its simply not possible, you will have to be a superhuman to do that. Sure its stressfull but no more stressful than boarding your first flight to USA. no more stressful than attending 1st H1B interview at the consulate or your first client interview. So in the end, we have been through all the hurdles with most of us surviving 2001-2002 job markets and now is 2007.
The point is we have been through all that successfully and thats a BIG WIN. So we will be through this too, but not without stress. The day we decided to come to USA and until now we have been successful as we are resourceful and can improvise at a short notice and we will. We are shrewd individuals and We Will PREVAIL.
Amen....
The point is we have been through all that successfully and thats a BIG WIN. So we will be through this too, but not without stress. The day we decided to come to USA and until now we have been successful as we are resourceful and can improvise at a short notice and we will. We are shrewd individuals and We Will PREVAIL.
Amen....
dresses Mary J. Blige Hairstyle
imneedy
05-19 10:49 AM
From http://www.immigration-law.com/
05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions
USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS� capacity to provide the Premium Process Service according to the program guidelines. For the announcement, please click here.
http://www.uscis.gov/files/pressrelease/PPSPermRule051707.pdf
Well, bad news for those looking for labor substitution. But I believe you can still file I-140 with premium processing if you have your own labor.
----------------------------------------
EB 3 India PD : 21 July 2003
I-140 (Premium) Approved : 15 May 2007
I-485/AP/EAD : Waiting for dates to become current :rolleyes:
----------------------------------------
05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions
USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS� capacity to provide the Premium Process Service according to the program guidelines. For the announcement, please click here.
http://www.uscis.gov/files/pressrelease/PPSPermRule051707.pdf
Well, bad news for those looking for labor substitution. But I believe you can still file I-140 with premium processing if you have your own labor.
----------------------------------------
EB 3 India PD : 21 July 2003
I-140 (Premium) Approved : 15 May 2007
I-485/AP/EAD : Waiting for dates to become current :rolleyes:
----------------------------------------
more...
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JazzByTheBay
07-09 09:00 PM
Nice! So what you're saying is that this creative form of protest is a waste of time, even though Mr. Gonzalez responded to it? And we shouldn't indulge in creatively letting our heart-felt feelings known to a step that can be termed as nothing but injustice, and unfair to all uncocerned.
- Injustice to the hard-working USCIS folks who had to work the weekend before the 4th of July week... (frankly, not the fault of USCIS rank and file, they have our collective sympathies and certainly mine)
- Injustice perhaps to Dept of State and Ms. Condi Rice who had to answer the ridiculous questions when DoS was going about its work as normal, or so it seems
- Injustice to all of us waiting in line of course, for having been given the glimmer of hope of being able to file for an AOS (frankly, a lot of us don't care as much about the eventual approval of I-485 as we do about the ability to file for it when the visa bulletin was announced as current... it's about getting done with the last step, and most importantly being able to get the interim benefits of EADs particularly for our spouses, AP to travel freely, and most importantly the benefits of AC21 portability... ).
Yes, that's an option - suggested by your inaction - do nothing, and take what you get.
Or we can let the world know about this injustice, and hope for a fair hearing on the issue (rather than having it ignored completely), by at least getting a shot at getting the ability to file pursuant to the original July visa bulletin.
Perhaps you were'nt on the same roller coaster ride we were put through these past few weeks since June 13th, or perhaps you don't care enough.
Either way, it doesn't make sense to dissuade the majority from pursuing their creative forms of protest - at least for Mr. M. K. Gandhi's sake and ideals.... :)
Even if we're asked to pay the higher filing fees that would come into effect on June 30th (which is what this was all about anyways, as it seems... ), it will a good solution for a lot of us. USCIS accepting the applications as they've been filed with current filing fees would be golden...
Dude, where's my EAD + AP + AC21 portability? :)
jazz
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
- Injustice to the hard-working USCIS folks who had to work the weekend before the 4th of July week... (frankly, not the fault of USCIS rank and file, they have our collective sympathies and certainly mine)
- Injustice perhaps to Dept of State and Ms. Condi Rice who had to answer the ridiculous questions when DoS was going about its work as normal, or so it seems
- Injustice to all of us waiting in line of course, for having been given the glimmer of hope of being able to file for an AOS (frankly, a lot of us don't care as much about the eventual approval of I-485 as we do about the ability to file for it when the visa bulletin was announced as current... it's about getting done with the last step, and most importantly being able to get the interim benefits of EADs particularly for our spouses, AP to travel freely, and most importantly the benefits of AC21 portability... ).
Yes, that's an option - suggested by your inaction - do nothing, and take what you get.
Or we can let the world know about this injustice, and hope for a fair hearing on the issue (rather than having it ignored completely), by at least getting a shot at getting the ability to file pursuant to the original July visa bulletin.
Perhaps you were'nt on the same roller coaster ride we were put through these past few weeks since June 13th, or perhaps you don't care enough.
Either way, it doesn't make sense to dissuade the majority from pursuing their creative forms of protest - at least for Mr. M. K. Gandhi's sake and ideals.... :)
Even if we're asked to pay the higher filing fees that would come into effect on June 30th (which is what this was all about anyways, as it seems... ), it will a good solution for a lot of us. USCIS accepting the applications as they've been filed with current filing fees would be golden...
Dude, where's my EAD + AP + AC21 portability? :)
jazz
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
girlfriend mary j blige
royus77
06-29 07:30 PM
For the nth time.. numbers are reduced only after approval and not based on receipt of application. So if you can submit it on July 2nd you submit it on 3rd and so on.
485 Approvals are coming in thousands every day ( as per the increasing activity on pending 485s)...and DOS can any day suspend if they think numbers are over ..so if you are lucky on 2nd you are in and so on ..remember GCs are not only approved in US only it been happening at all the visa posts all the world
485 Approvals are coming in thousands every day ( as per the increasing activity on pending 485s)...and DOS can any day suspend if they think numbers are over ..so if you are lucky on 2nd you are in and so on ..remember GCs are not only approved in US only it been happening at all the visa posts all the world
hairstyles NeNe Leakes#39; New Haircut 2
spouse485
01-24 12:18 PM
We are travelling next month and our travel agent wisely suggested and booked tickets for us via frankfurt by air india. He knows that london is a problem especially when you are coming back on AP.
After reading thru the painful story of milind, I feel that I should never go thru london.
Thanks a lot for sharing your pain. What if I wish to travel through Germany/Netherlands/Swiss/France/UAE? on Advance Parole and if my H type visa is not valid anymore?
After reading thru the painful story of milind, I feel that I should never go thru london.
Thanks a lot for sharing your pain. What if I wish to travel through Germany/Netherlands/Swiss/France/UAE? on Advance Parole and if my H type visa is not valid anymore?
EB-VoiceImmigration
08-22 04:57 PM
Friends
Here is a suggestion, who ever decides to join Vonage now, can use a referral link from one of the member, who is already a vonage customer, so that he can get 2 months off. Now the member who got 2 months off, can either donate two months bill amount or one month (if he choose to retain one month off) to forum.;)
What do u guys think?
Infact not only this, we can use any other similar referral programs, like Direct TV 100 offer etc..
Here is a suggestion, who ever decides to join Vonage now, can use a referral link from one of the member, who is already a vonage customer, so that he can get 2 months off. Now the member who got 2 months off, can either donate two months bill amount or one month (if he choose to retain one month off) to forum.;)
What do u guys think?
Infact not only this, we can use any other similar referral programs, like Direct TV 100 offer etc..
shreekhand
09-12 10:52 AM
wait for atleast 4 (6 is better still) months to figure out if it is in the "stuck in NC" status !
but it is pending with FBI since Aug 1st. Looks like they also check for fragmented names.
This is my opinion, not an advise. Use it at your own risk.
but it is pending with FBI since Aug 1st. Looks like they also check for fragmented names.
This is my opinion, not an advise. Use it at your own risk.