Thursday, June 23, 2011

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  • sureshj
    06-08 02:18 PM
    To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:

    1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.

    2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.

    3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.


    I could'nt agree with gcdreamer more...

    Consider this...
    1. FBI, I believe, has 2 rookie analysts dedicated to processing name checks and I heard USCIS pays $25 per name check.
    2. FBI has distributed databases in NY, CA, FL, etc. that are not networked. So they have to request name checks individually out of these databases.
    3. Name check ranks least in their priority list.
    4. FBI has increased their name check criteria from 2 (First name and Last Name) to, I think it is, 7 or 8 (part of the first name, part of the last name and few other combinations). This increases the chances of your name generating "hits" and falling into this blackhole.
    In addition to the above FBI (which normally receives ~1.5m name check requests per year) received ~6m in 2003. They are still recovering from that deluge. So now you see what's causing the delay.

    For USCIS this works out fine, since they rake in 15% of their annual revenue from EAD/AP renewals. They do not want to mess with this "free money" and reduce the processing time. And to top it all they can transfer the blame on FBI.

    In addition, to secure this "money train" USCIS cleverly issued a public memo earlier this year indicating WOM cases will be fought in court. To most this would have seemed like the end of WOM, but it is not. Applicants have since filed and won these cases. However the memo probably had its' desired effect...to discourage a majority of the applicants from filing WOM.

    I think USCIS has to be made accountable for the money they earn. The $25/name check is just not sufficient. More funding is necessary so that FBI can allocate more analysts to the job and also upgrade their IT infrastructure. Excuses such as "ball is in FBI's court" is just not acceptable. "Conditional Green card" (as suggested by gcdreamer) is excellant idea to alleviate the problems the "name check" victims face over the ~2 to 4 years they spend in this blackhole.

    PS: Just in case you are not aware of Senator Obama's initiative to address this problem here is a link where you can sign-up for whatever it is worth.
    http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1





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  • sri1309
    09-11 07:48 AM
    I am in for this. Is this something that can be a planned effort rather than a impulsive exercise?

    I think we should -
    1) Wait till this session of the Congress gets over.
    2) Form a work group that will chalk out the plan (of efforts).
    3) Execute the planned efforts.

    Efforts could include things like -
    1) Discussing the proposal with supporting Senators like Zoe Lofgren.
    2) Making conscious efforts to publicize our woes and genuine issues / conditions.
    3) Quantify the benefits of our presence - in evidence of a quantified evidence, idiots like Loo Dog, etc. can't refute that much.
    4) Talk to organizations like Lazaras (or some org.) form a more cosmopolitan group including Chinese and others as well.
    5) Letter campaign in mass to all Congressmen's offices telling them the sad story about waiting for 8-10 years.
    6) Any other efforts that CORE comes up with.

    Planned & focused efforts always yield desired results... I believe so.

    Others, please chime in.
    -A.

    It can be planned effort easily if Core team supports us. Otherwise, all of us will be airing our views, but where will the strength come. Even if 50-100 people join hands here, thats not a good #. We need a very big #. Thats possible if a campaign is started by somebody like IV and list it in the headlines section and direct us all to a target.
    How do I create a new thread, pls let me know.
    Lets wait for 5882, not upset any one.. Once thats done, based on outcome, its Lets shoot for Citizenship.

    Thanks,
    Sri.





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  • RNGC
    02-19 01:42 PM
    Read this carefully before you comment here:
    "fingerprints for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section".

    This is just to verify if the guys is in database for any criminal activity. ofcourse they will not give an illegal guy a GC if they have his record in database for criminal activity in US. This is just a formal requirement to keep illegal law brokers out because there are thousands illegals who came here from southern border and have committed crimes. There are some even in the America's Top 10 Wanted list. My uncles(came illegally here) went through all criminal checks by FBI for breaking any law,when Reagan gave amnesty for >5 years. Same criminal checks were done on illegals when Clinton helped legalalization of illegals. Fingerprints, etc are just for other criminal history check not to check if the person crossed the border illegally, ofcouse he did and broke the law: that's the whole point for him being illegal.

    In fact >5year rule has been a standard to give immigration to illegals as is clear by Reagan amnesty. If 5 year rule is not for illegals, then what do you think is there in this bill for 11 million illegals. Itn't that logical. Infact main purpose of this bill is to fix illegal immigrants not legals. If you think >5 years rule is just for legals, you need to read history books, read text carefully and be more logical: not blinded by desire to get your own GC if you are here >5years.

    Either way: I never said we should oppose the 5 year requirement. I just said that rules for "Legal <5 years" should be easier than rules for "illegal>5" years and please don't propagate false rumors here that this bill is just for legals in a blind desire for your own GC.


    So what if illegals are also covered in this! Illegals are kind of people suffering from their employers because they don't have any paperwork! We, are slightly better, we have paper work and still suffer at the hands of our employers, so we know their plight...So, I would say illegals also have to be considered. I DO NOT SUPPORT ILLEGALS. But they are human beings too and are living in the dark.....

    My take on ilegals is:
    1. Build a huge prison and put all of them in there and feed them rest of their life.
    OR
    2. Arrest all of them and deport them their home country
    IF 1 or 2 is not possible, better give them green card as long as they have not committed any crime and legalize them so no one takes advantage of them...we have had one round of slavery in this country and its consequence is still felt, lets not have another round of slavery with illegals.





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  • perm2gc
    02-01 02:50 AM
    please add sulekha.com
    forget sulekha..i posted our ad couple of times ,after that they started to delete.I am not sure what the reason is...

    All i need is the forums which have more members with more activity.I will spend sometime to join them and post.



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  • nixstor
    10-15 08:20 PM
    Do not forget to notarize your request. It prevents a frivolous rejection





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  • dollar500
    08-14 09:38 PM
    Its due...
    although not much excitement anticipated....seeing all 'U' sucks



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  • amitjoey
    07-18 12:45 AM
    Applications already properly filed will be accepted, means all applications from the 2nd July to 16th July will be accepted if properly filed (Means: If they have the proper documents and are otherwise eligible, meaning filing fees and certified labor)

    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf





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  • gsc999
    08-04 01:00 AM
    PCS:

    Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION. if we can explain him about our problem then beleive me he is the only one who can talk everday about SKIL BILL.

    Try it.
    ----

    Talking to Lou Doubs in "favor" of immigration is like committing Harakiri.
    Lou represents the extreme "right" wing anti-immigration lobby.

    Kakaji, what part of Lou Doubs programs have you missed, the Anti-H1B programs or the anti-immigration ones?

    Kaka ji plz don't instigate others to send e-mails to Lou Doubbs. It is enough that you have made that mistake.



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  • kicca
    08-29 02:11 PM
    yes, it is the I485 STANDARD OPERATING PROCEDURE...





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  • karanp25
    07-14 06:34 PM
    That's possible too. Please share when you received this RFE?

    Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.



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  • malaGCPahije
    03-17 10:53 AM
    Nov 2004. EB3 - I





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  • kouhsik69
    03-09 01:30 PM
    Where is the great predictor :D
    Rao baba is in hibernation .................................:D

    dask_1
    EB3-I
    pd Jan 2002



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  • kumarc123
    10-15 07:23 PM
    To all my IV Members,


    I agree with the fact of Gandhi protest #2, this is the right time, we can start another flower movement, this will help in two ways.



    1. Will put pressure on congress to honor the high immigrant bill in duck session.
    2. We will get attention and the next upcoming president will know, we are hurting.


    Listen guys, I am not here for a popularity contest, I am hurting like you guys. I am tired of making those long list numbers. The result? Well nothing, I am sorry it may hurt some members, but the truth is nothing happened, we were put aside like a rotten paper.

    We have been passive for long now, lets be activist.


    Let us all, do Gandhi campaign again, we can get a lot of publicity from not only media channels over here, but from Indian network as well. This will put more pressure on congress and USCIS.


    Also IV members whoa re confused on what and what not to do, please I request you all to support another big movement.
    Please lets not waste any more time in discussion, or questioning each others intentions.





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  • niklshah
    07-13 09:27 PM
    murthy was too scared too give any statemant before, this statemant was ok but it was too late when she saw that the momentum is getting strong she jumped in.



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  • seahawks
    07-26 08:49 AM
    are they encouraging prinicipal aliens to "batter" spouses, so that they will be given permission to work:) Isn't spouses not able to work a pain by itself? Geez





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  • delax
    03-16 03:04 PM
    C'mon guys, what the hell have you been doing for so long?

    I mean look at the archived Visa Bulletins, you observe the following:

    1. EB2 was current for India ALL THROUGH 2003
    2. EB2 was current for India ALL THROUGH 2004
    3. EB2 was current for India till August 2005
    4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007

    5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months

    What more do you wish for?
    I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.

    This is pathetic. What the hell have you been waiting for?

    Thats because many people like me took nearly 3 years to clear their labor certification - so despite EB2 being current there were'nt many EB2 485s filed in 2004-2006 by people whose PDs were in the 2003-2004 time frame. My PD is July 2004 but my labor cleared only in Feb 2007 - thanks or no thanks to Philly BEC. Honestly I have nearly abandoned this whole desire for GC - I dont think GC is a need anymore, its only a desire - not trying to be philosphical but living my life without having to worry about some bureaucratic process over which I have no control.



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  • ewana
    08-26 12:11 AM
    Thanks willigetagc and sayantan76 for your reply.

    According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?

    willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?

    H1B is probably the last option due to low probability of success and I would probably be out of status by that time.

    Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.

    Thanks a lot for all your help. greatly appreciate it.





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  • Nil
    03-10 09:27 PM
    How abt showing the US govt - what is in it for them?
    If they recapture x number of visas and y % buys a house soon after, it is a win-win situation. They provide solid ground under the feet of LEGALs and the benefactors build on top of that ground.
    A key item will be to get a petition from a number of IVeans pledging to buy a house if they get a green card. If that number turns out high, this will be a good blil-board for our cause.





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  • vicsthedude
    09-17 03:14 PM
    I changed employer and location. So I was asked to clarify the location change if I am still with the sponsoring employer or submit a letter from a current employer stating duties salary etc. Replied to them and they are evaluating the response.





    crazyghoda
    02-13 02:50 PM
    All,

    Thank you for supporting me during this stage. The RFE was for employer verification. Luckily I just managed to get a new job and started this week. I have an offer letter as well as got the HR department to provide an Employment Verification Letter stating my name, title and salary. Now I need to work with my lawyer to respond to the RFE.

    Thanks again to all who responded. I'll keep you folks updated once I submit my RFE response.





    saileshdude
    09-14 03:27 PM
    Hi Abd,

    Can you send me the EVL format that you will prepate to respond to this RFE. You can take out all your personal info but leave the other wording intact. That would really help. You can send it to me via PM if you would like.

    Thanks.


    Here is detail. i changed job based on AC21 portability. Did not file papers.

    Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.

    A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.

    Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.

    Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.

    Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
    The application for adjustment has been pending for more thna 180 days and
    the new permanent position is in same or similar occupational classification as original employment.

    If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.




    :) Working with attorneys to get the papers ready....




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