ramaonline
11-29 06:43 PM
From ILW:
FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move tothis new process is not just better customer service for benefits applicants but also because it will enhance national security(our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name checkdelays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get itsact together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit forforcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon).
=======================
Note: These details may be true. Last month we had heard such information but not in detail and thus had not posted it. We were hoping to get this news within 6-8 weeks (As per oour note on http://immigrationvoice.org/forum/showthread.php?t=14749). There are efforts to make name checks current and that is good news for everyone waiting for several years in the namecheck blackhole. It will also help recent applicants who might be getting into this problem.
IV wants to thank all its members who took up this issue with their lawmakers and also contacted Ombudsman's office to solve this issue.
- IV Team
FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move tothis new process is not just better customer service for benefits applicants but also because it will enhance national security(our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name checkdelays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get itsact together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit forforcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon).
=======================
Note: These details may be true. Last month we had heard such information but not in detail and thus had not posted it. We were hoping to get this news within 6-8 weeks (As per oour note on http://immigrationvoice.org/forum/showthread.php?t=14749). There are efforts to make name checks current and that is good news for everyone waiting for several years in the namecheck blackhole. It will also help recent applicants who might be getting into this problem.
IV wants to thank all its members who took up this issue with their lawmakers and also contacted Ombudsman's office to solve this issue.
- IV Team
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kak1978
06-05 10:15 AM
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
satishku_2000
05-31 01:26 AM
Please guys, I understand the frustration we're all going through but do not compare it to what happened to the Jews under the Nazis. We are indeed in a bad situation but comparing it to genocide is too much.
I have seen pictures of the Holocaust and still get nightmares.
Just keep things in perspective and have faith in God and your destiny.
Remember, the bill hasn't passed yet. It still has to go through the House of Representatives.
There is nothing in this world that is as evil as Nazis , People should refrain from using the word at any cost.
I have seen pictures of the Holocaust and still get nightmares.
Just keep things in perspective and have faith in God and your destiny.
Remember, the bill hasn't passed yet. It still has to go through the House of Representatives.
There is nothing in this world that is as evil as Nazis , People should refrain from using the word at any cost.
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H1bslave
09-21 04:03 PM
that sounds so cool. wish it will do something better for us.
http://www.aila.org/content/default.aspx?docid=23290
http://www.aila.org/content/default.aspx?docid=23290
more...
chanduv23
11-17 09:06 AM
Thanks for applying and for the quick reply. Your skill set and experienced matched what we are looking for, and you passed the prescreening with perfect scores, except we can not hire anybody that requires sponsorship at this time. If you applied with a mistake on that prescreening question, please change the answer on the prescreening questions. Thank you and good luck!
xxxxx xxxx
xxxxxxxxxxxxxxxxxxxxxxxxxx
Probably, nothing wrong to discriminate against h1b holders, but discrimination against citizens maybe taken seriously. As such, it is at company's discretion to hire u or not, internally, from what I learnt, if the company decides to hire u, they hire u, if not, they may give u this as a reason because they may have found someone with same skills but without requirement for sponser.
If a company desperately needs u, they will do anything to hire u. If company thinks it must not have to deal with legal issues and overheads, it may not hire u, may keep u on hold.
Basically, we are on our own, and we can only try and try. It is the land of opportunities, and there will be opportunities for everyone somewhere.
xxxxx xxxx
xxxxxxxxxxxxxxxxxxxxxxxxxx
Probably, nothing wrong to discriminate against h1b holders, but discrimination against citizens maybe taken seriously. As such, it is at company's discretion to hire u or not, internally, from what I learnt, if the company decides to hire u, they hire u, if not, they may give u this as a reason because they may have found someone with same skills but without requirement for sponser.
If a company desperately needs u, they will do anything to hire u. If company thinks it must not have to deal with legal issues and overheads, it may not hire u, may keep u on hold.
Basically, we are on our own, and we can only try and try. It is the land of opportunities, and there will be opportunities for everyone somewhere.
gc_on_demand
05-19 10:16 AM
Please submit ur answer at this thread.
http://immigrationvoice.org/forum/showthread.php?p=342110#post342110
http://immigrationvoice.org/forum/showthread.php?p=342110#post342110
more...
snhn
12-28 06:40 PM
so is it the notice date or recipt date that counts.. If someone filed on July 2nd, but the notice date is August 15, where do I coutn 180 days from.
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shivapb80
06-05 10:01 AM
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
more...
drona
08-29 07:27 PM
We can do better than this. Let's book tickets and fly to DC. We must participate in this event. Please take two days off and be in DC, and if you do not have enough vacation time, take one day off. Please contribute to this event.
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champu
03-12 12:07 AM
Nope.
For a consulting company ( unless it is some outsourcing company like Infosys), a company cannot produce the following info for a first time H1B candidate
A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
Consulting companies exists for the reason that clients won't make an offer to the candidate unless he is already in US.
Before starting to blame consulting companies, ask yourself a question.
How many of you got a job offer from a US company ( non-consulting) when you were in India ?
Either you came to US through a consulting company or you were a student in US.
I concur...
(I said it many a times before)
No American company hires Foreign Worker from India.
Only way to come to USA 10 years back was small time consulting co or Big companies like infy, tcs (now some pseudo US co like IBM, Accenture has also joined the club) where you need to run away from them sometime without resigning.
Small time consulting must exist to satisfy the staffing needs of US companies. They understand the personal needs of immigrant workers. Most of these companies provide better salary and health insurance than TCS, etc.
Only Morons who fake resume/degrees get abused by them as they bench more than they work
For a consulting company ( unless it is some outsourcing company like Infosys), a company cannot produce the following info for a first time H1B candidate
A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
Consulting companies exists for the reason that clients won't make an offer to the candidate unless he is already in US.
Before starting to blame consulting companies, ask yourself a question.
How many of you got a job offer from a US company ( non-consulting) when you were in India ?
Either you came to US through a consulting company or you were a student in US.
I concur...
(I said it many a times before)
No American company hires Foreign Worker from India.
Only way to come to USA 10 years back was small time consulting co or Big companies like infy, tcs (now some pseudo US co like IBM, Accenture has also joined the club) where you need to run away from them sometime without resigning.
Small time consulting must exist to satisfy the staffing needs of US companies. They understand the personal needs of immigrant workers. Most of these companies provide better salary and health insurance than TCS, etc.
Only Morons who fake resume/degrees get abused by them as they bench more than they work
more...
kumar1
07-19 01:47 PM
Desi.....someone asked you a question.....please reply in your typical red blue italic font. If you can not defend what you said, then admit that you were doing BS here. Thanks
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VMH_GC
07-10 08:16 PM
I think we should brought up this to indian government and use government powers to pressure CNN in india to take up this matter with Mr. Turner.
more...
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Legal
07-25 02:13 PM
[QUOTE=alterego;267244]I hate to say it but this is starting to sound very much like an Alcoholics anonymous support group session. LOL.QUOTE]
The titles of some of these threads have entertainment value:).
Like the one we had recently on "lovebirds separated by the cruelty of USCIS".
The titles of some of these threads have entertainment value:).
Like the one we had recently on "lovebirds separated by the cruelty of USCIS".
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Kitiara
02-03 05:24 AM
:blush:
more...
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eb3_nepa
07-31 11:59 AM
How long is the USCIS taking to issue just receipt notices!!??
This makes you wonder if Anything in the USCIS is actually FIFO
This makes you wonder if Anything in the USCIS is actually FIFO
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unseenguy
06-16 11:07 PM
^^^^^^^^^
what about 221(g)?
what about 221(g)?
more...
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sanagani
10-02 10:54 PM
I am still waiting for FP notice, i got my EAD/AP/RD, for both of us.
It was filed @ NSC on July 2nd, ---> CSC -----> NSC. I got my LUd on 09/21 last on our 485.
It was filed @ NSC on July 2nd, ---> CSC -----> NSC. I got my LUd on 09/21 last on our 485.
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GCNirvana007
03-26 03:43 PM
:rolleyes:
Went for DL renewal , nothing asked literally, extended for 6 yrs.
Got to find some positive out of living :p
Went for DL renewal , nothing asked literally, extended for 6 yrs.
Got to find some positive out of living :p
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madhu345
05-22 04:28 PM
May be its a message for every one on ther other side of the border to sneak in :)
ramus
06-28 08:22 PM
I asked you question before and I am asking you again, can you please let us know how much do you care about IV.. If you do then can you tell us what have you done till date for IV..
Please answer it now..
if everyone is so confident tht "USCIS has to accept 485 thru JULY 31 no matter what" then why the rush by few to file on july 1st are they selfish and don;t care about others ??, can everyone join together and file on a particular day for the benefi of all ?
Please answer it now..
if everyone is so confident tht "USCIS has to accept 485 thru JULY 31 no matter what" then why the rush by few to file on july 1st are they selfish and don;t care about others ??, can everyone join together and file on a particular day for the benefi of all ?
pmb76
01-06 02:57 AM
singhsa, Your friend just has to pray for Mitt Romney to be president who may solve his problem :D
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