fcres
07-23 03:52 PM
This is the press release in April that became effective Jun 18th http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
And this is the inter office memo
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
It does say CIS MAY deny a case if the initial evidences are missing , though adjudicators are urged to use this option judiciously.
Mine was filed without EVL and it has been receipted (in June). My lawyer asked me not to worry about it.
And this is the inter office memo
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
It does say CIS MAY deny a case if the initial evidences are missing , though adjudicators are urged to use this option judiciously.
Mine was filed without EVL and it has been receipted (in June). My lawyer asked me not to worry about it.
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logiclife
01-30 01:07 PM
Unpaid bench means you are "Out of Status". Not illegal.
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
pointlesswait
07-28 12:45 PM
I would recommend each and everyone...be it a believer or a non-believer..
to read the book by Richard Dawkins: The God Delusion..
If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...
You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!
to read the book by Richard Dawkins: The God Delusion..
If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...
You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!
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Madhuri
06-11 11:47 AM
Done
more...
MDix
02-11 06:56 PM
Dude,
Calm down, PresidenO gave you good comment and you got carried away thinking that President Obama praise you. Just vent your frustration somewhere else.
PresidentO,
I saw your past comment and it seems like you have an Attitude problem.
If something your are not agree or disagree that's fine but there is now way to go this far.
Thanks so much for your kind words.
I don't blame readers who start making noise without basic verification. Most people have difficulty understanding the difference between cap and quota Or Permanent job vs W2 job.
_________________
Not a legal advice.
Calm down, PresidenO gave you good comment and you got carried away thinking that President Obama praise you. Just vent your frustration somewhere else.
PresidentO,
I saw your past comment and it seems like you have an Attitude problem.
If something your are not agree or disagree that's fine but there is now way to go this far.
Thanks so much for your kind words.
I don't blame readers who start making noise without basic verification. Most people have difficulty understanding the difference between cap and quota Or Permanent job vs W2 job.
_________________
Not a legal advice.
battineni
07-13 11:05 AM
Thanks for the information. I believe I have to wait for another month to get any updates from the Sep visa bulletin or wait till same time next year since my PD is Mar-06.
Congrats to all to have received it and good luck to those who have become current !
TooClose,
Don't worry you will get it soon....!!
I'm waiting for these dates from long longgggggg time....:-((
Congrats to all to have received it and good luck to those who have become current !
TooClose,
Don't worry you will get it soon....!!
I'm waiting for these dates from long longgggggg time....:-((
more...
varshadas
01-31 10:10 PM
Unfortunately, you guys are late for the conference call today. Let us have a conference call tomorrow then. Let us do it at 10.30 PM or even in the day I can spare sometime as I am working from home tomorrow. Everyone, please check in here multiple times during the day. I know it is irritating but I think it is the only way since I do not have access to any of my personal accounts at work. Sanjay had sent an updated document with his comments.
In essence, the flyer should not be too wordy. It should have few necessary words and we have to reformat it with the size, color and format to make it appear.
Let us have a call tomorrow and finalize the flyer so we are ready to print on Friday.
Thanks,
Varsha
In essence, the flyer should not be too wordy. It should have few necessary words and we have to reformat it with the size, color and format to make it appear.
Let us have a call tomorrow and finalize the flyer so we are ready to print on Friday.
Thanks,
Varsha
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anu007us
07-28 04:09 PM
Never join Alphanet Corp (Alpha Net Consulting LLC (http://www.anetcorp.com))... Stay away from this fraud company... Immigration fraud..
more...
Madhuri
11-22 07:39 PM
If you changed the project and the new project is giving better hourly rate then if you are working on percentage basis, your share will go up.
And in this case if you have a labor and I 140 approved, will there be any problem?
Please note the job title does not change in the above case.
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
And in this case if you have a labor and I 140 approved, will there be any problem?
Please note the job title does not change in the above case.
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
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sat0207
04-27 09:23 AM
Immigration Security Checks
�How and Why the Process Works
Background All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin. USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases. Why USCIS Conducts Security Checks USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.
To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:
� The Interagency Border Inspection System (IBIS)
Name Check� IBIS is a multiagency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.
� FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.
� FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved. For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or evenseveral years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.
�How and Why the Process Works
Background All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin. USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases. Why USCIS Conducts Security Checks USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.
To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:
� The Interagency Border Inspection System (IBIS)
Name Check� IBIS is a multiagency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.
� FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.
� FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved. For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or evenseveral years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.
more...
Libra
09-10 12:23 PM
Andy_garcia, its good for you that your wife and kid are working. We people dont use consulting firm to get our GC, but got stuck with those companies because if we leave them we have to start whole GC process. So we dont want that to happen and wait for 10 more yrs to get our GC.
I have been here for 8 years and I do not have the option of going back to my country like you guys from India. I applied for my 485 2 years ago and my son and wife are working already.
When I was on H1, I was happy with the company. It seems that people who are using the sponsor company as a tool to get the GC are the ones complaininf the most about.
I have been here for 8 years and I do not have the option of going back to my country like you guys from India. I applied for my 485 2 years ago and my son and wife are working already.
When I was on H1, I was happy with the company. It seems that people who are using the sponsor company as a tool to get the GC are the ones complaininf the most about.
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justAnotherFile
07-13 02:03 AM
i agree Murthy should have done this on the 3rd or on the 5th or even on the 9th, if she was sincere about it.
Why did she wait for this evening, she surely got wind that something is gonna happen and is trying to piggyback on that.
Why did she wait for this evening, she surely got wind that something is gonna happen and is trying to piggyback on that.
more...
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optimystic
03-17 03:36 PM
What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.
Bottom line, people moving away from EB3 to EB2 queue does provide relief to people remaining in the EB3 queue. Since now there's 'x' less number of people competing for the 7% visa numbers.
Its a different matter that the spillover from ROW is going to benefit EB2 queue more than it does EB3. But that's a different point. And in fact, if EB2 starts moving faster because of this spill over, hopefully more Eb3 people jump ship to Eb2 queue . In that case the ROW spillover is indirectly going to help people who stay back in Eb3 queue.
As for myself, I have Eb3 India PD of May 2001, which is very close to the front of the queue. So none of this queue jumping or spillover will affect my status much :) . On the other hand the USCIS' ability to sanely act in a FIFO order does ! But thats impervious to any external factors :)
Bottom line, people moving away from EB3 to EB2 queue does provide relief to people remaining in the EB3 queue. Since now there's 'x' less number of people competing for the 7% visa numbers.
Its a different matter that the spillover from ROW is going to benefit EB2 queue more than it does EB3. But that's a different point. And in fact, if EB2 starts moving faster because of this spill over, hopefully more Eb3 people jump ship to Eb2 queue . In that case the ROW spillover is indirectly going to help people who stay back in Eb3 queue.
As for myself, I have Eb3 India PD of May 2001, which is very close to the front of the queue. So none of this queue jumping or spillover will affect my status much :) . On the other hand the USCIS' ability to sanely act in a FIFO order does ! But thats impervious to any external factors :)
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actaccord
02-16 11:57 AM
has metro access. Baltimore has MARC but it won't be that frequent and cost effective.
Which airport should members be looking to book the tickets to? Baltimore, Dulles or Reagan? Which is the closest to the Capitol Hill or which airport has the easy public transportation access to Capitol Hill. I would like to go ahead and buy the air tickets.
Thanks.
Which airport should members be looking to book the tickets to? Baltimore, Dulles or Reagan? Which is the closest to the Capitol Hill or which airport has the easy public transportation access to Capitol Hill. I would like to go ahead and buy the air tickets.
Thanks.
more...
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coopheal
05-07 04:41 PM
What is the next step? Do I need to follow up with another letter?
imneedy, as you very well know USCIS asked for money. Many members received similar letter from USCIS. IV did the campaign to collect $10000 for the USCIS Fees related legal fees. Many members just like you contributed for it. Updates to whats happening with the FOIA is available in donor forum.
Donor forum is available to folks who make financial contributed of $25 or more. If you really trust IV and are looking for next step, then start contributing to IV (http://immigrationvoice.org/forum/misc.php?do=donate).
imneedy, as you very well know USCIS asked for money. Many members received similar letter from USCIS. IV did the campaign to collect $10000 for the USCIS Fees related legal fees. Many members just like you contributed for it. Updates to whats happening with the FOIA is available in donor forum.
Donor forum is available to folks who make financial contributed of $25 or more. If you really trust IV and are looking for next step, then start contributing to IV (http://immigrationvoice.org/forum/misc.php?do=donate).
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GoneSouth
03-07 08:38 AM
Get a new attorney. Seriously.
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gccovet
03-09 12:26 PM
No movement for EB2-I just 15 days forward for EB3-I
This sux
GCCOvet
This sux
GCCOvet
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f_b_2007
07-18 08:32 AM
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..
I will call USCIS next monday if I dont hear anything before then..
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..
I will call USCIS next monday if I dont hear anything before then..
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Jaime
09-13 12:03 PM
I think this is very important, I asked in the past about it but I got no answer.
It would be OK for me to buy a bunch of flags (50-100) and maybe get reimbursed for them at the rally if somebody wants one? I get support from anyone?
We need to do this! Any ideas on how to reimburse him? How much would it be? You can PM Core and ask!
It would be OK for me to buy a bunch of flags (50-100) and maybe get reimbursed for them at the rally if somebody wants one? I get support from anyone?
We need to do this! Any ideas on how to reimburse him? How much would it be? You can PM Core and ask!
sunny1000
07-24 10:18 AM
my lawyer says the same thing..no employer letter needed for concurrent filing...do't know what to believe...Pappu, can you please post the link to the USCIS memo, if you have it?
Thanks much.
Thanks much.
khushig
09-05 02:07 PM
I along with many more are graduating every year and filing for there OPT. Few students are lucky, as they are able to find corporate employers (not desi's) who would sponsor H1. But for others, time is the constraint so they have to find alternatives. Hence for most OPT students the option is to look for desi employers.
I feel the problem that employers (small to midsize) are not educated about H1 B process. If this happens most of the problems will be solved. But for now with so many students graduating every semester, the only option is to go through desi employers, which in a way is not a bad idea (when you think long term).
There are many sites that provide valuable information.
www.desiopt.com is one of the many sites that helps students in this matter.
www.Sulekha.com also provides information on some good companies.
I feel the problem that employers (small to midsize) are not educated about H1 B process. If this happens most of the problems will be solved. But for now with so many students graduating every semester, the only option is to go through desi employers, which in a way is not a bad idea (when you think long term).
There are many sites that provide valuable information.
www.desiopt.com is one of the many sites that helps students in this matter.
www.Sulekha.com also provides information on some good companies.