Wednesday, June 15, 2011

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  • xgoogle
    08-25 02:08 PM
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  • FrankZulu
    08-12 04:26 PM
    As my priority date is current I contacted my local congressman's office for help with my I-485. NSC replied back to the office (see reply below) saying my background checks are still on. But the officer at the infopass appointment said my backgrounds checks are complete. I don't know whom to believe.

    Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?

    Good morning XXXXXXXXXXX,
    Re: I-485s <Applicant Name>

    I have conversed with those in charge of these cases.
    The United States Citizenship and Immigration Services (USCIS) is
    committed to adjudicating immigration benefits in a timely, efficient
    manner that ensures public safety and national security.

    Toward that end, USCIS requires extensive background checks for every
    application or petition it adjudicates. While background checks for
    most applications or petitions are completed quickly, a small percentage
    of cases involve unresolved background check issues that result in
    adjudication delays.

    Background checks involve more than just the initial submission of and
    response related to biographical information and fingerprints. When
    checks and/or a review of an administrative record reveal an issue
    potentially impacting an applicant's eligibility for the requested
    immigration benefit, further inquiry is needed. The inquiry may include
    an additional interview and/or the need to contact another agency for
    updates or more comprehensive information. If it is determined that an
    outside agency possesses relevant information about a case, USCIS
    requests such information for review. Upon gathering and assessing all
    available information, USCIS then adjudicates the application as
    expeditiously as possible.

    We have checked into your constituent's case and have been assured that
    the agency is aware of your inquiry, and is monitoring progress related
    to it. However, unresolved issues in your constituent's case require
    thorough review before a decision can be rendered. Unfortunately, we
    cannot speculate as to when this review process will be completed.


    We realize that your constituent may feel frustrated by delays related
    to his or her case. As an agency, we must weigh individual
    inconvenience against the broader concerns of public safety and national
    security.

    We hope this information and assurance are helpful. If we may be of
    assistance in the future, please let us know.

    I hope this information is helpful to you. At this time I am closing the
    inquiry on this matter.

    Thank you,

    <Officer Name>

    Immigration Services Officer

    NSC Congressional Unit

    I have tried multiple sources and following is the response:
    * SR (july 19th): No response Yet
    * IO Inquiry (2nd Level, multiple times): You are pre-adjudicated. Officer will review/in review.
    * Congressmen: I am in the queue to be processed (File will be picked through electronic sweep :confused:).
    * Senator: Background check being conducted. (No written response yet, just was updated on phone by the senators office).
    * InfoPass (3 months back): Your application is pre-adju. and will be approved once visa is available.

    To all who have experienced something similar, how can I confirm if my application is really going through background check??? Or should I give it more time?




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  • rb_248
    03-30 10:54 AM
    Try making a baby and see if it works.




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  • spoly
    09-17 01:43 PM
    Dear folks,

    I tried to help your mission. I offered my talent, time, and my experience of delivering messages.
    Written to the forum and called in several times, was promised to get a call back.
    And was not contacted, nor called.

    And here is my message for you:
    You do not care about immigration reform - you care about your own green cards. You care ONLY about daisy consultants, such as yourselves, and you are not ready to address issues at large.
    You do not speak on behalf of me, nor you speak on behalf of the mainstream any employment based immigrant.

    Best of luck.



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  • kumara121
    04-08 05:05 PM
    USCIS demand sheet shows 17000 GC inventory until 2006. When the EB1 spillover to EB2 is 12000, don't understand how the dates moved less than 2 months. It looks like USCIS is very confused and making us all confused.

    only good thing here is some movement is much much better than nothing.




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  • techbuyer77
    07-20 07:13 AM
    lawyer sent 3 tax returns no paystubs



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  • sree_99
    02-03 11:54 AM
    Thanks Everyone, Your comments are really helpful. I was able get hold of my attorney and he mentioned the same thing as most of you replied. She should come back on AP.

    Thanks




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  • txh1b
    04-20 10:56 AM
    In the absence of a date, it is 6 moths from admitted date, by default. You may confirm this by calling USCIS.

    That is not true. There is no default assumption and call center folks have no knowledge about things.

    I have first hand experience with the same scenario at the same airport and CBP said it was a good idea to come back rather than assume a 6 month stay.



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  • BharatPremi
    03-17 02:35 PM
    You cant just divide 500000 by 3. The numbers are not same for all categories.

    Eb1-3 all are granted 28% and I am assuming there as equal number of applications in each category though it would not be the case in reality but I was just giving a crude math example.This 500000 load was from EB1/2/3 only.In reality it is more scary for EB2/3 India particular last july filing as most filings should have been from EB2/3- China and India considering the H1 arrivals from these 2 countries during the year 2003-7. And yet in that example I did not mirror USCIS's limits such as 7%, load from previous filing which is not yet clear. Bottom line EB2 with 2004 PD will have to see a long road before becoming current.




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  • b2visahelp
    07-09 04:41 PM
    1. My parents included their Indonesian bank statement in rupiah. And they went to US embassy in Jakarta, their hometown. Does it make a difference to go to other city after they got rejected twice? If so, which one?
    2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
    3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.

    Please let me know your advice. Thank you so much.



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  • desi3933
    06-12 01:37 PM
    Severance package includes all benefits including health care. As per the law no can be paid full salary with deductions being made for Medicare and social security, if there is no valid status. My friends have gone through this stage in Big5, they can NOT cancel H1B until the last day of severance package validity.
    Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
    I have seen this happening so many times
    If employee choses a different option to stay legally, that's up to the employee

    Severance Package is NOT salary. One can receive unemployment benefits during the period of severance pay. Please check with your attorney/lawyer. H1 status is valid until last day of employment.

    If one applies for H1 transfer during brief period (couple of weeks) after H1 status expiry, USCIS generally approves H1 transfer with new I-94. If the new I-94 is not attached, the one is required is travel abroad to get new visa stamp and re-entry into US gets that person into valid H1 status.

    One way ticket is provided only if the employee is fired or laid off. Please check rules before posting. No one-way ticket is required if employee resigns (or made to resign, as some may say).

    Also, one need to aware of the risk of losing PD porting, if the existing I-140 is revoked or canceled by the employer.

    Please verify details with your attorney/lawyer.

    ===============================================
    Only a qualified attorney can offer legal advice and I am not an attorney therefore I am not offering any advice, only personal opinion and/or information.




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  • kish006
    12-27 04:01 PM
    It took about 4 weeks. Do you have H1-B extension? If so, I would suggest to use that instead of waiting for AP. The AP has new date instead of old one. Good Luck in getting the AP sooner.

    IF your EAD and AP got approved with incorrect Photo. What actions ur lawyer is taking for her I-485 application. IF you 485 approved her card will come with different photo. so you lawyer suggested to you and what actions ur taking to prevent.

    Let me know as I am also in same boat.
    My lawyer is stupid guy he wont respond to me. he will only respond to my employer.



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  • Gravitation
    04-13 09:48 AM
    90 days after the Prez signs it, which he should fairly promptly after it's been ratified by both houses. However, all this is moot point -IMO- as the real sticky and unpredictable part is house and senate agreeing on the same bill, etc.




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  • perm2gc
    11-03 04:30 PM
    The health benefit is actually indicated in my employment contract as part of my employment package. However, they later informed me that the health benefit is already part of my salary.

    I actually signed a non-compete contract with my current employer(which means I cannot work for my current client if I switch employer). Now, I'm planning to move to a different employer, but I would be assigned to the same client. Can I argue that since they did not give me the health benefit that they promised me, then it should be okay if I violate the non-compete contract? Do you guys think I have a point of defense?

    Thanks!
    Not Really..Your NCA will have clause that you will not sue/take legal action against employer and you are given time to legal consultation before signing the NCA contract...

    Try to find out whether NCA's are valid in your employers state..For sure i know California does not honor NCA's..



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  • xu1
    08-24 01:43 PM
    hello days go by,
    kinda new here.
    is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?

    overheard most are EB2/3 cases and not many 245i cases.

    One thing for sure is that no file in BEC is EB1. The rest is all guess:

    If the historic information can tell the present and future, then roughly for every 2 - 3 EB3, there is one EB2...

    The trackers at immigrationportal show not many 01 files left, and there're still quite some 02 and a lot of 03 in both BECs. DBEC tends to process a lot of 04/05 cases recently in LIFO manner, whereas PBEC is a bit more FIFO recently barring some cases that came out of regionals..




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  • sh2005
    08-13 11:24 AM
    From my notice the processing date is meaningless at TSC because the dates are mostly the processing windows. For example, I140 was Jan 13 in July notice, which was 6 months behind. If you take a look on AP and EAD, they were just 3 months behind.

    It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.

    That's it!

    It makes predicting when our applicatios will be done a little harder :)



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  • Green.Tech
    08-06 11:00 AM
    Didn't you know for sure that you were going to stay with employer before asking them to apply GC.

    It may be illegal by Law by asking you to give the money back, but where would you put your action of wasting somebody's money?

    Not sure the contracting terms between you and your employer, but surely he was not the one forcing you to join the company, its you joined.

    If he was ready to help you to get GC, ready to invest atleast 9K on the process, why would you think his money is there just for you to play.

    Of course, you have valid points by law, you may escape from the latch now, but make sure this is not an repeating event.

    Calm down buddy, no need to get excited!

    FYI. I have been with the employer for ever. It's just that they are now revisiting/revising their GC policy, and I am trying to make sure that the policy makes sense for both the employer and any future employees. And who knows I may have to agree to this policy in future if I decide to redo my GC application :)




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  • eb3_nepa
    08-16 04:36 AM
    Hi Guys,

    I am on H1B and my wife is working using her EAD. Like most people on here we applied in the July 2007 rush.

    Now her licence in PA was expiring and we went to renew it and provided ALL necessary documents such as Passport, I-94, current and future EADs. However at the very end after about half an hour of providing documents, the DMV guy said that the system needed "more info" and that he would have to fax everything to Harrisburg who would then contact the INS for the missing info and we would get some "letter" from the DMV.

    Has anyone faced a similar issue in PA before? If so how soon after did they receive this letter? Is there anything I can do to expedite the process such as contacting my local Sentator/Congressman's office? We have a small baby and my wife needs to drive to go to work.

    Thanks.




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  • enggr
    10-04 08:17 AM
    They have this in Connecticut (CT) state also . In 2010 Jan I applied for my license transfer and they checked my 797, passport, employment verification letter etc and they said they need to send the verification to USCIS which will take a few hours or a day. they wanted me to come back the next day to collect the license




    nat23
    06-26 12:15 PM
    There is expected to be another vote on Thursday evening to move towards limiting the debate on the Bill and a final vote is expected to be by Friday.




    senthil1
    04-10 06:20 PM
    The numbers were not too much as the expectation was much more as last 2 years cap was reached and expected to file more persons. If H1b is filed based on real job requirements the cap must be enough.

    this happened because alot of students filed through multiple employers
    (read desi consultants) to better their chances

    i hope they do something about this artificial inflation and fraud bodyshoppers

    the masters quota would never have gone into lottery then



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