psk79
10-27 04:32 PM
The service request is usually a waste of time. They will send a generic response to everyone when case is pending w/o visa numbers. I and almost all of my friends received a response that additional information was needed for processing your case and hence additional delay blah blah.. I think this guy just decided to use security message for your responses. I wouldn't worry about it. If you want to really check this, you can definitely make an appointment at local office and talk to the IO there. But it was even a bigger waste of time in my case. The IO at local office looked at his system/systems and told me that if it is a green card application its faster(just another month or so) and if it is a h visa there is a few month delay:confused: Go figure..
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InTheMoment
08-15 04:04 PM
In the letter from the new employer include the following (start date, title, job description, salary and position type):
This letter is to verify that Mr. Cool Dude (SSN: ) has been employed by our company as a full-time employee. He has been working with us since Oct 32, 1666 as a Full Time Gamer.
Mr. Dude's primary job duties include:
Put Bulletized description here
Mr. Dude is compensated with an annual salary of $xxx,xxx. The postion is for permanent at will employment and we have continued interest in employing Mr. Dude.
I trust that this letter would assist Mr. and Mrs. Dude in adjusting their status to a permanent resident as soon as possible. If you have any questions, please do not hesitate to contact me.
Sincerely,
Joe Employer
As far as docs are concerned add the following with the EVL:
Your covering letter
AC21 Yates Memo
3 latest paystubs
I-485 receipt
that would be it ;)
IntheMoment,
I am in similar situation, I have already changed my job after 180 days of filing my 485 (140 approved) and working with a small consulting company. Currently where I am working client willing to hire me as a fulltime employee with the same titile and giving me the supporting letter with the same job duties mentioned in my LC (I have added few more technologies it).
Even my attorney says the same, no need to inform CIS - when we get the RFE we will see.
Can you kindly let me know all the documents I need to gather and what I need to request from new employer in order to submit AC21 bunch to CIS.
Here are job discriptions with titles.
Old Employer.
Title: Computer Systems Analyst.
Analyze systems requirements, procedures & problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Script, design, modify, code, debug, test & document applications systems & solutions. Deploy & maintain developed technology. Engaged in disaster recovery. Use Windows, Unix, Linux, LAN/WAN, SQL. VB & Perl Scripting, IBM RS 6000 & E-servers, Dell/EMS SAN Storage.
With New Emaployer
Title: Systems Analyst
Analyze systems requirements, procedures and problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Debug, Script, Modify, Design, Test and document applications systems & solutions. Design and deploy the backup solutions. Deploy and maintain developed technology. Engaged in disaster recovery procedures. Used technologies Windows, Unix, Linux, LAN/WAN, MS SQL, MySql, VB & Shell Scripting, Dell PowerEdge Servers, Dell/EMC/NetA pp SAN Storages, Dell PowerVault Tape Libraries.
Note: I will be getting a offer letter from new employer, what all I need to mention in the offer, please help me.
Appreciate you prompt reply. I have meeting with my manager with new employer (client).
This letter is to verify that Mr. Cool Dude (SSN: ) has been employed by our company as a full-time employee. He has been working with us since Oct 32, 1666 as a Full Time Gamer.
Mr. Dude's primary job duties include:
Put Bulletized description here
Mr. Dude is compensated with an annual salary of $xxx,xxx. The postion is for permanent at will employment and we have continued interest in employing Mr. Dude.
I trust that this letter would assist Mr. and Mrs. Dude in adjusting their status to a permanent resident as soon as possible. If you have any questions, please do not hesitate to contact me.
Sincerely,
Joe Employer
As far as docs are concerned add the following with the EVL:
Your covering letter
AC21 Yates Memo
3 latest paystubs
I-485 receipt
that would be it ;)
IntheMoment,
I am in similar situation, I have already changed my job after 180 days of filing my 485 (140 approved) and working with a small consulting company. Currently where I am working client willing to hire me as a fulltime employee with the same titile and giving me the supporting letter with the same job duties mentioned in my LC (I have added few more technologies it).
Even my attorney says the same, no need to inform CIS - when we get the RFE we will see.
Can you kindly let me know all the documents I need to gather and what I need to request from new employer in order to submit AC21 bunch to CIS.
Here are job discriptions with titles.
Old Employer.
Title: Computer Systems Analyst.
Analyze systems requirements, procedures & problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Script, design, modify, code, debug, test & document applications systems & solutions. Deploy & maintain developed technology. Engaged in disaster recovery. Use Windows, Unix, Linux, LAN/WAN, SQL. VB & Perl Scripting, IBM RS 6000 & E-servers, Dell/EMS SAN Storage.
With New Emaployer
Title: Systems Analyst
Analyze systems requirements, procedures and problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Debug, Script, Modify, Design, Test and document applications systems & solutions. Design and deploy the backup solutions. Deploy and maintain developed technology. Engaged in disaster recovery procedures. Used technologies Windows, Unix, Linux, LAN/WAN, MS SQL, MySql, VB & Shell Scripting, Dell PowerEdge Servers, Dell/EMC/NetA pp SAN Storages, Dell PowerVault Tape Libraries.
Note: I will be getting a offer letter from new employer, what all I need to mention in the offer, please help me.
Appreciate you prompt reply. I have meeting with my manager with new employer (client).
transpass
08-07 07:21 PM
Can you back date your marriage during marriage registration?
Dude,
A difficult option though since ur marriage is already scheduled...
Maybe she can apply for F-1 visa first, then get married...Let her come to US on F-1 and then get married here in local county...But it's tedious and lengthy process though, apart from the heartburn ur gonna give to many back home by postponing ur already fixed marriage...
Best way to deal with the situation is talk to an immigration lawyer...
Dude,
A difficult option though since ur marriage is already scheduled...
Maybe she can apply for F-1 visa first, then get married...Let her come to US on F-1 and then get married here in local county...But it's tedious and lengthy process though, apart from the heartburn ur gonna give to many back home by postponing ur already fixed marriage...
Best way to deal with the situation is talk to an immigration lawyer...
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HawaldarNaik
12-20 01:45 PM
For the past five years, i have been dealing with the SFO Indian consulate and they have been extremly efficient in processing my papers, when i have sent them over , be it for Visa or Passport.
Yes their customer service is not up to the standards but they have always responded positively within two weeks
Yes their customer service is not up to the standards but they have always responded positively within two weeks
more...
whattodo21
01-04 09:14 AM
Got approval and card on time! Collectively everything worked out. Got EAD for 2 years.
There was talk about combining EAD and AP - did it happen and how does one file for it?
There was talk about combining EAD and AP - did it happen and how does one file for it?
tnite
07-19 11:46 AM
For couple of weeks in 2001, when I was getting H1 transfer, I was without pay. I applied H1 transfer before old H1 expired, but got the receipt notice after few weeks and only after that I started working. Am I out of status ?
For that matter, is it out of status if one gets paid from 2 companies with
2 H1bs ? If one is on bench but getting paid by one company, starts working with 2nd company on new H1b?
2 weeks is not an issue .You can always claim upto maybe a month or 2 as vacation and if your last date of entry is after 2001 , even that doesnt matter
For that matter, is it out of status if one gets paid from 2 companies with
2 H1bs ? If one is on bench but getting paid by one company, starts working with 2nd company on new H1b?
2 weeks is not an issue .You can always claim upto maybe a month or 2 as vacation and if your last date of entry is after 2001 , even that doesnt matter
more...
Nikith77
06-01 10:23 AM
Done
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GC9180
10-28 02:11 PM
you mean there is no freedom in India??? 80-90% of the indians who have H1 have not attended college in US and do you think these people are not educated and knowledgeable. I think you should grow up man... or might be when you get sick and get admitted in hospital and your insurance doesn't cover... you realize the importance of India...
US has its advantages... India has its advantages... just because you are in US now doesn't mean you can talk rubbish about India.... If you like US, talk good about it... but you don't need to de-grade one country to highlight another...
makes sense.... every place has + / -
in US: if you have proper source of income it looks very green, if not deep blood red
in india: it does not go very green or too red...but since last 10 years..cost of living in cities have just skyrocketed, which i feel could lead to "very green" or "deep red"
US has its advantages... India has its advantages... just because you are in US now doesn't mean you can talk rubbish about India.... If you like US, talk good about it... but you don't need to de-grade one country to highlight another...
makes sense.... every place has + / -
in US: if you have proper source of income it looks very green, if not deep blood red
in india: it does not go very green or too red...but since last 10 years..cost of living in cities have just skyrocketed, which i feel could lead to "very green" or "deep red"
more...
dipsangel
08-15 10:03 PM
what to do?
My friend, I am sorry to hear about this. Your employer must be an A** hole.
I - 485 is your application. Employer has control of your application until I - 140. All you need from employer is employment verification letter.
If you have a good lawyer, then you can do it together. Take legal advice. This is just my opinion.
My friend, I am sorry to hear about this. Your employer must be an A** hole.
I - 485 is your application. Employer has control of your application until I - 140. All you need from employer is employment verification letter.
If you have a good lawyer, then you can do it together. Take legal advice. This is just my opinion.
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RandyK
02-20 05:28 PM
I think all depends on how many ROW cases are in the 47000. Especially older PDs, newer PDs most likely will be still in the I-140 queue or I-485 queue to be proceesed.
I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?
I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?
more...
GC4LI
04-22 05:30 PM
I completely agree with JK...i work here in Phoenix in a construction company, and many of the legal immigrants (including Latinos, indians etc....brown skin people) have started to worry about this bill becoming law....every other person in our company have experienced what this would bring us....
We have been working in various cities here in AZ, and travel is a must for us...
Once, while I was driving to Tucson for a project inspection, i was stopped by border patrol agents at 2 different locations....i mean to say, they were not stationed in a booth or any thing, they had patrol cars just like cops....they just park their car on the shoulder, and wait for any brown guy driving across....
Infact, one border patrol agent followed me for about 2 miles, then drove right next to me, again slowed down to get behind me, and turned on the lights...so, I had to stop....luckily, i had my EAD card, which is always keep in my wallet, even though I am on H1-B....however, he insisted that we (as in legal immigrants) should carry our passports (Original and not a copy) with us when we travel...which is totally rediculous!!!!!
what irritates me is that these guys don't even understand what an EAD is.....he was expecting that I should have a visa inorder to be in the US....it took almost 25 to 30 mins to explain my status (H1-B, but not stamped in my passport)....that an approved H1-B petition is enough to stay and work in the US.....HE JUST DIDN'T GET IT!!!!!....in the end, this guy, as though he was doing a great favor to me, said that he is allowing me to travel on humanitarian grounds and with a warning....f&*k*&^ bull%^&*......
I have traveled many times with my coworker who is caucasian, and not even once have I had a problem with border patrol agents.....
I just don't know what to say!!!!!! is it their lack of common sense, or knowledge, or is it just plain blunt racial profiling???????
We have been working in various cities here in AZ, and travel is a must for us...
Once, while I was driving to Tucson for a project inspection, i was stopped by border patrol agents at 2 different locations....i mean to say, they were not stationed in a booth or any thing, they had patrol cars just like cops....they just park their car on the shoulder, and wait for any brown guy driving across....
Infact, one border patrol agent followed me for about 2 miles, then drove right next to me, again slowed down to get behind me, and turned on the lights...so, I had to stop....luckily, i had my EAD card, which is always keep in my wallet, even though I am on H1-B....however, he insisted that we (as in legal immigrants) should carry our passports (Original and not a copy) with us when we travel...which is totally rediculous!!!!!
what irritates me is that these guys don't even understand what an EAD is.....he was expecting that I should have a visa inorder to be in the US....it took almost 25 to 30 mins to explain my status (H1-B, but not stamped in my passport)....that an approved H1-B petition is enough to stay and work in the US.....HE JUST DIDN'T GET IT!!!!!....in the end, this guy, as though he was doing a great favor to me, said that he is allowing me to travel on humanitarian grounds and with a warning....f&*k*&^ bull%^&*......
I have traveled many times with my coworker who is caucasian, and not even once have I had a problem with border patrol agents.....
I just don't know what to say!!!!!! is it their lack of common sense, or knowledge, or is it just plain blunt racial profiling???????
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walking_dude
11-30 04:44 PM
I asked you for the proof that 80,000 FBs are reserved for EB immigrants ( or somehow available !). You did not show me any !
There is no law that states USCIS should not consider country quotas during the last quarter. As per AC21 law USCIS should relax the quotas if the numbers are getting wasted (not already assigned to ROW). If USCIS works efficiently and assigns the visa numbers to EB3 ROW - which is retrogressed - before the end of third quarter, they don't need to relax country quotas in the fourth quarter.
In a way USCIS inefficiency is helping applicants from retrogressed countries get GCs faster (4th quarter relaxation) :).
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
Look at page 52. Page 53 explains, why USCIS is wasting visa numbers even though there is huge demand for the same.
The 7% country limit does not exist for the last quarter. But it does exist during the first 3 quarters. Since USCIS is moving the PD drastically only in the last quarter, they are unable to process all the applications in the last quarter resulting in wastage of EB visas.
There is no law that states USCIS should not consider country quotas during the last quarter. As per AC21 law USCIS should relax the quotas if the numbers are getting wasted (not already assigned to ROW). If USCIS works efficiently and assigns the visa numbers to EB3 ROW - which is retrogressed - before the end of third quarter, they don't need to relax country quotas in the fourth quarter.
In a way USCIS inefficiency is helping applicants from retrogressed countries get GCs faster (4th quarter relaxation) :).
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
Look at page 52. Page 53 explains, why USCIS is wasting visa numbers even though there is huge demand for the same.
The 7% country limit does not exist for the last quarter. But it does exist during the first 3 quarters. Since USCIS is moving the PD drastically only in the last quarter, they are unable to process all the applications in the last quarter resulting in wastage of EB visas.
more...
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indian
12-20 06:14 PM
Hi,
Great post. Question: does anyone know where -- preferably online -- can I get hold of the text of immigration law sections referred?
I am not doubting the veracity of the post. But I think it would help if I -- and also others -- can actually read the relevant sections, and possibly the entire chapter, of the law text to really understand for ourselves what it says.
I think doing this would also help us have a much more informed and to the point debate.
Indian.
Great post. Question: does anyone know where -- preferably online -- can I get hold of the text of immigration law sections referred?
I am not doubting the veracity of the post. But I think it would help if I -- and also others -- can actually read the relevant sections, and possibly the entire chapter, of the law text to really understand for ourselves what it says.
I think doing this would also help us have a much more informed and to the point debate.
Indian.
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nageshwarraoj
04-13 01:50 PM
Visa Bulletin is already there for May 07 and no changes and you are correct cut and paste except for Phillipines I think.
Nag
Nag
more...
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gimme_GC2006
08-20 09:10 PM
I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.
Well..they lied to you..that is good enough in this country to sue them.
If you want to whip their a** dont think what reason should you go with, take whatever comes to you.
Also post the company details so that fellow desis wont become prey..
Well..they lied to you..that is good enough in this country to sue them.
If you want to whip their a** dont think what reason should you go with, take whatever comes to you.
Also post the company details so that fellow desis wont become prey..
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skynet2500
11-25 04:12 PM
Thanks Pappu and IV. the data looks very rosy for EB2 I. I hope it is accurate..:)
more...
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kaisersose
05-29 06:02 PM
With due respect, please refrain from posting pessimistic rants originating from unofficial sources. This may be true, but common sense should tell everyone to wait for such news to come from official sources.
These are things beyond our control. Best not to get anyone's panties into a bunch over such news. If the GC is not possible, that is still OK. Move back to the country of origin and life will go on - thoug not as planned.
The last thing we should be doing is whine about our troubles.
These are things beyond our control. Best not to get anyone's panties into a bunch over such news. If the GC is not possible, that is still OK. Move back to the country of origin and life will go on - thoug not as planned.
The last thing we should be doing is whine about our troubles.
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days_go_by
01-31 12:59 PM
Guys - why is the Hike in immigration fees conciding with strong opposition to funding of the Iraq War.....These funds may well go to Iraq....as Bush is not able to garner support for additional funding from congress.
--------
No, most of those funds will go to sister agencies like ICE to catch illegal immigrants, they will not go towards expediting processing, improving efficiency of USCIS.
01/31/2007 08:00 a.m: USCIS Proposed New Filing Fee Schedules to be Published Tomorrow
* The controversial proposed new filing fee schedules will be published in the federal register tomorrow with 30-day comment period. It is anticipated that the agency may be flooded with the comments from the immigration stakeholders and public during the period. One of the issues that may be raised is the basis of calculation of fees, to wit, whether it is required to cover the increased cost for the processing of the immigration benefits applications as caused by the inflation or, as reported in the CRS, most of the fee funds will be generated to fund the other divisions of the DHS such as ICE and CBP. For the CRS report, readers may want to reread our posting on December 22, 2006 in our Archive XIV. If it is the latter, there is a room for substantial dabate in the Congress, the DHS oversight authority, and potential lawsuits. Please stay tuned.
--------
No, most of those funds will go to sister agencies like ICE to catch illegal immigrants, they will not go towards expediting processing, improving efficiency of USCIS.
01/31/2007 08:00 a.m: USCIS Proposed New Filing Fee Schedules to be Published Tomorrow
* The controversial proposed new filing fee schedules will be published in the federal register tomorrow with 30-day comment period. It is anticipated that the agency may be flooded with the comments from the immigration stakeholders and public during the period. One of the issues that may be raised is the basis of calculation of fees, to wit, whether it is required to cover the increased cost for the processing of the immigration benefits applications as caused by the inflation or, as reported in the CRS, most of the fee funds will be generated to fund the other divisions of the DHS such as ICE and CBP. For the CRS report, readers may want to reread our posting on December 22, 2006 in our Archive XIV. If it is the latter, there is a room for substantial dabate in the Congress, the DHS oversight authority, and potential lawsuits. Please stay tuned.
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aroranuj
04-19 12:36 PM
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
lazycis
02-28 01:49 PM
Can you please let us know the URL for the latest name check FAQ posted today.
http://boards.immigrationportal.com/attachment.php?attachmentid=17312&d=1204204596
Questions & Answers
BACKGROUND CHECK POLICY UPDATE
Q1. What applications are affected by this policy change?
A1. Applications included in this policy are:
• I-485, Application to Register Permanent Residence or Adjust Status;
• I-601, Application for Waiver of Ground of Inadmissibility;
• I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
• I-698, Application to Adjust from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).
Q2. How has USCIS changed its national security requirements?
A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)
Q3. How has USCIS changed its adjudications requirements?
A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
(more)
Q4. What happens if USCIS later receives adverse information from an FBI name check?
A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
Q5. Why is this policy being implemented?
A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
A6. Yes. Applications for lawful permanent residence will not be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable adverse information after the application is approved, removal proceedings may be initiated.
Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.
Q8. Does this policy change affect naturalization applications?
A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).
Q9. How long will it take for USCIS to work through the cases affected by the policy change?
A9. USCIS has begun identifying cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
(more)
Q10. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?
A10. No.
Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)
Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
– USCIS –
http://boards.immigrationportal.com/attachment.php?attachmentid=17312&d=1204204596
Questions & Answers
BACKGROUND CHECK POLICY UPDATE
Q1. What applications are affected by this policy change?
A1. Applications included in this policy are:
• I-485, Application to Register Permanent Residence or Adjust Status;
• I-601, Application for Waiver of Ground of Inadmissibility;
• I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
• I-698, Application to Adjust from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).
Q2. How has USCIS changed its national security requirements?
A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)
Q3. How has USCIS changed its adjudications requirements?
A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
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Q4. What happens if USCIS later receives adverse information from an FBI name check?
A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
Q5. Why is this policy being implemented?
A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
A6. Yes. Applications for lawful permanent residence will not be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable adverse information after the application is approved, removal proceedings may be initiated.
Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.
Q8. Does this policy change affect naturalization applications?
A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).
Q9. How long will it take for USCIS to work through the cases affected by the policy change?
A9. USCIS has begun identifying cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
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Q10. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?
A10. No.
Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)
Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
– USCIS –
GCaspirations
10-01 09:18 PM
NSC probably sent applications to CSC for data entry, I am a july 2 filer, my EAD(I131)/AP(I765) and all receipt notices were sent to me by CSC all are WAC### numbers which means its from CSC, then they sent just the AOS (I485) back to NSC saying they do not have Jurisdiction on the AOS application (Logic behind this is - because my I140 was approved by NSC, I have a LIN### on I140 application).
This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(
Anywayz all said and done... I have not received my FP notice as yet...My Receipt Notice date : Aug23
I filed at Nebraska for 485, my 140 is approved by --I donot know but the receipt notice number starts with SRC, i think texas.
My application transferred from NSC to CSC and back to NSC.
Should I expect my application be transferred now to TSC as my I140 was approved there?
The delay is the pain..... and it continues... NO FP yet.
This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(
Anywayz all said and done... I have not received my FP notice as yet...My Receipt Notice date : Aug23
I filed at Nebraska for 485, my 140 is approved by --I donot know but the receipt notice number starts with SRC, i think texas.
My application transferred from NSC to CSC and back to NSC.
Should I expect my application be transferred now to TSC as my I140 was approved there?
The delay is the pain..... and it continues... NO FP yet.
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