pappu
08-04 06:10 PM
more info
http://www.fbi.gov/congress/congress03/garrity071003.htm
Compare the times with the latest ombudsman report.
==========
FBI name checks blamed for immigration benefits delays
http://www.govexec.com/dailyfed/0607/062207e1.htm
By Elizabeth Newell enewell@nationaljournal.com June 22, 2007
The ombudsman for U.S. Citizenship and Immigration Services, in a report released last week, cited the untimely completion of FBI name checks as a primary cause of delays in granting immigration benefits to applicants.
"FBI name checks, one of the security screening tools used by USCIS, continue to significantly delay adjudication of immigration benefits for many customers, hinder backlog reduction efforts and may not achieve their intended national security objectives," USCIS ombudsman Prakash said in his annual report, presented to the House and Senate Judiciary committees on June 11.
According to the report, 64 percent of the 329,160 FBI name check cases pending from USCIS have been waiting more than 90 days, and 32 percent are more than one year old. There are more than 31,000 cases that have been pending longer than 33 months.
In his report, said the name check delays are caused by the fact that some require manual review by the FBI and the agency does not have the resources to complete these reviews quickly.
In an e-mail to Government Executive, FBI spokesman Paul Bresson said the National Name Check Program is doing a number of things to improve the process, including scanning documents to build an electronic records system and testing textual analysis software to reduce the need for manual review.
The FBI also is working to develop a Central Records Complex to house paperwork and files.
"Currently, paper files [and] information must be retrieved from over 265 locations throughout the FBI," Bresson said. "The CRC will expedite access to information contained in billions of documents that are currently manually accessed in locations around the U.S. and world."
To decrease the FBI workload, recommended that USCIS adopt a risk-based approach to name checks, allowing the FBI to focus its limited resources on applicants posing the greatest threat. Currently, all immigration and naturalization applicants go through the name-check process.
"Name checks do not differentiate whether the individual has been in the United States for many years or a few days, is from and/or has traveled frequently to a country designated as a state sponsor of terrorism, or is a member of the U.S. military," said in his report.
He said in an interview that while the safety of U.S. citizens is the primary concern of the Homeland Security Department, of which USCIS is a part, it is crucial to use a risk management model to ensure that resources are allocated logically.
"That has to be used as the filtration system to really look at any of our protective measures," said. "There are times when protection can come at such a cost that it's just not worth spending that much money in that area, that it's better to spend it where we can have more effect."
The process of applying for immigrant benefits includes a number of other background checks, and 's report questioned whether the FBI name checks are useful in their current form, especially given the delay they cause.
He said he agrees with USCIS case workers and field office supervisors that "the FBI name check process has limited value to public safety or national security, especially because in almost every case the applicant is in the United States during the name check process, living or working without restriction."
This is the fourth annual report from the ombudsman, whose position was established under the 2002 Homeland Security Act. The act requires the ombudsman to submit annual reports to Congress identifying serious and pervasive problems within USCIS and making recommendations to fix them. The agency is obligated to respond formally to the annual report within three months.
While says he received last year's response more than eight months late, USCIS acknowledged receipt of the report and an agency spokesperson said officials are in the process of reviewing the recommendations.
http://www.govexec.com/dailyfed/0607/062207e1.htm
==============
http://www.fbi.gov/congress/congress03/garrity071003.htm
Compare the times with the latest ombudsman report.
==========
FBI name checks blamed for immigration benefits delays
http://www.govexec.com/dailyfed/0607/062207e1.htm
By Elizabeth Newell enewell@nationaljournal.com June 22, 2007
The ombudsman for U.S. Citizenship and Immigration Services, in a report released last week, cited the untimely completion of FBI name checks as a primary cause of delays in granting immigration benefits to applicants.
"FBI name checks, one of the security screening tools used by USCIS, continue to significantly delay adjudication of immigration benefits for many customers, hinder backlog reduction efforts and may not achieve their intended national security objectives," USCIS ombudsman Prakash said in his annual report, presented to the House and Senate Judiciary committees on June 11.
According to the report, 64 percent of the 329,160 FBI name check cases pending from USCIS have been waiting more than 90 days, and 32 percent are more than one year old. There are more than 31,000 cases that have been pending longer than 33 months.
In his report, said the name check delays are caused by the fact that some require manual review by the FBI and the agency does not have the resources to complete these reviews quickly.
In an e-mail to Government Executive, FBI spokesman Paul Bresson said the National Name Check Program is doing a number of things to improve the process, including scanning documents to build an electronic records system and testing textual analysis software to reduce the need for manual review.
The FBI also is working to develop a Central Records Complex to house paperwork and files.
"Currently, paper files [and] information must be retrieved from over 265 locations throughout the FBI," Bresson said. "The CRC will expedite access to information contained in billions of documents that are currently manually accessed in locations around the U.S. and world."
To decrease the FBI workload, recommended that USCIS adopt a risk-based approach to name checks, allowing the FBI to focus its limited resources on applicants posing the greatest threat. Currently, all immigration and naturalization applicants go through the name-check process.
"Name checks do not differentiate whether the individual has been in the United States for many years or a few days, is from and/or has traveled frequently to a country designated as a state sponsor of terrorism, or is a member of the U.S. military," said in his report.
He said in an interview that while the safety of U.S. citizens is the primary concern of the Homeland Security Department, of which USCIS is a part, it is crucial to use a risk management model to ensure that resources are allocated logically.
"That has to be used as the filtration system to really look at any of our protective measures," said. "There are times when protection can come at such a cost that it's just not worth spending that much money in that area, that it's better to spend it where we can have more effect."
The process of applying for immigrant benefits includes a number of other background checks, and 's report questioned whether the FBI name checks are useful in their current form, especially given the delay they cause.
He said he agrees with USCIS case workers and field office supervisors that "the FBI name check process has limited value to public safety or national security, especially because in almost every case the applicant is in the United States during the name check process, living or working without restriction."
This is the fourth annual report from the ombudsman, whose position was established under the 2002 Homeland Security Act. The act requires the ombudsman to submit annual reports to Congress identifying serious and pervasive problems within USCIS and making recommendations to fix them. The agency is obligated to respond formally to the annual report within three months.
While says he received last year's response more than eight months late, USCIS acknowledged receipt of the report and an agency spokesperson said officials are in the process of reviewing the recommendations.
http://www.govexec.com/dailyfed/0607/062207e1.htm
==============
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little_willy
08-20 10:46 PM
With the earlier method or the current method, EB3-I will always end up last. Vertically EB3-ROW gets the excess visas (old method), horizontally EB2-I gets the excess visas (new method). So, either way EB3-I won't benefit, the only solace being that with the current system atleast our EB2-I friends are getting their freedom faster.
For us, visa recapture or other legislative changes are the only relief.
BTW, my PD is June 2003, EB3-I
For us, visa recapture or other legislative changes are the only relief.
BTW, my PD is June 2003, EB3-I
sheela
11-06 02:31 PM
I spoke to IO this morning regarding NC clearance for my family (7/2 filers). I was told whereas, my derivative's (wife and daughter) names have been cleared but there is no information on my clearance. She furthur told me the names were submitted on 8/30/07 and was told to wait for another month or so.
Guys: What is your take on this? I have started worrying now. Although they say 120 day processing time- My understanding is you are either cleared in few days or get stuck in the hole.
Guys: What is your take on this? I have started worrying now. Although they say 120 day processing time- My understanding is you are either cleared in few days or get stuck in the hole.
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vban2007
08-16 01:57 PM
I got welcome notice last week but no news on wife's application.
Opened SR, sent email, took infopass but no news..
Any idea how to move it forward.
Opened SR, sent email, took infopass but no news..
Any idea how to move it forward.
more...
PD_Dec2002
06-29 04:11 PM
This is purely cruel and torturous. I only hope this remains a rumor at best and that this is the brainchild of someone in the State Department with a twisted sense of humor.
Thanks,
Jayant
Thanks,
Jayant
vdlrao
03-29 06:08 PM
Based on your calculations , Experts, please let us know what to expect, if 12000 GC are released for EB2. Where will the cutoff come and stop..
Can you please post that link that shows how many are waiting year-wise.
12000 GCs for EB2 India and China means, with out any doubt it fetches 5 months forward movement.
But at present scenario EB2 China is at 22JUL06 and Eb2 India is at 08 May 2006.
On an average EB2 India has a demand of 1.5k per month.
EB2 China has a demand of 700 per month.
So the EB2 India moves 7 months ahead where as China moves 4 months ahead.
So both EB2 India and China will have the same Cut Off dates and it would/might be: May + 7 Months = December 2006 .
This is my assumtion.
.
Can you please post that link that shows how many are waiting year-wise.
12000 GCs for EB2 India and China means, with out any doubt it fetches 5 months forward movement.
But at present scenario EB2 China is at 22JUL06 and Eb2 India is at 08 May 2006.
On an average EB2 India has a demand of 1.5k per month.
EB2 China has a demand of 700 per month.
So the EB2 India moves 7 months ahead where as China moves 4 months ahead.
So both EB2 India and China will have the same Cut Off dates and it would/might be: May + 7 Months = December 2006 .
This is my assumtion.
.
more...
puddonhead
06-18 01:08 PM
Thanks for putting your point of view. No more discussion from my side.
Good Luck for your green card.
.
Thanks for your wishes and best of luck for you too.
Good Luck for your green card.
.
Thanks for your wishes and best of luck for you too.
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Openarms
03-10 04:10 PM
This is a great idea and please continue this effort and will do for any contributions. Let us know the action item.
more...
bskrishna
09-12 01:02 PM
We should call our local congressmen and women as well so that they are aware of this. If the bill comes to the floor it will be useful.
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SunnySurya
08-07 12:30 PM
Good for you...
People if you don't wake up now it will be too late. There are thousands of cases like this...
I am reading both of these stupid threads, I just couldn't stop replying to both of them.
I have also applied for PD Porting myself, I have sent the letetr to TSC requesting the Porting on my approved I140's, My EB3 PD is Oct 2003.
I seriously hope that your PD is older than Oct 2003, Otherwise I am going to Jump in front of you and will cut the line. do you know how many years it have been since oct 2003, Its 5 YEARS and you think that changing lanes is unfair here, all the people who are trying to port the PD's must have been waiting for atleat 4-5 years, You think that experience is not worth anything in their next job and they don't qualify for EB2 or are less smart than any of your "supporting friends".
People if you don't wake up now it will be too late. There are thousands of cases like this...
I am reading both of these stupid threads, I just couldn't stop replying to both of them.
I have also applied for PD Porting myself, I have sent the letetr to TSC requesting the Porting on my approved I140's, My EB3 PD is Oct 2003.
I seriously hope that your PD is older than Oct 2003, Otherwise I am going to Jump in front of you and will cut the line. do you know how many years it have been since oct 2003, Its 5 YEARS and you think that changing lanes is unfair here, all the people who are trying to port the PD's must have been waiting for atleat 4-5 years, You think that experience is not worth anything in their next job and they don't qualify for EB2 or are less smart than any of your "supporting friends".
more...
nashim
10-07 07:00 PM
got CPO
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imbond707
08-07 11:49 AM
This response is not funny enough. Sorry can�t send it for �Best Joke of the Year� challenge. Better luck next time.:D
Good for you...
People there are thousands of cases like this. Most of them in 2002,2003,2004 and 2005 range..
Good for you...
People there are thousands of cases like this. Most of them in 2002,2003,2004 and 2005 range..
more...
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lavenyahs
05-24 12:10 PM
My father tried to get a Non Availability certificate but they told since the birth is registered they can't issue one and that they also won't change the name...:mad: (after the incident where that MP tried to sneak people into Canada they are very strict it seems)
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BharatPremi
10-17 05:21 PM
Guys,
I need your opinion and advise on this.
Old file - First File:
-----------------
current employer:A
EB3-Country: India(Bharat)-RIR-PD:07/2*/2003, I-140 approved - 485/AP/EAD/G-325 A filed on 07/12/2007 - EAD received, Soon FP appointment - NO AP yet - (myself-Primary+3) filing
New file - Second File:
---------------------
Future Employer: B
EB2-Country: India(Bharat)-PERM: PD:06/2*/2006,I-140 approved - NO 485 is filed under this yet.
Note: Labor for both applications has similar codes except new filing is based
on "Seniority" and thus EB2.
Now in light of October 2007 visa bulletin prediction given on www.murthy.com, It looks like EB2 may go ahead with comparision to EB3 ( Eb2: may stuck at January 2003 and EB3 May 2001/2) and by reading page 130 to 134 from the following link it looks like Priority date still matters even after filing 485 and your case can go on VISA HOLD SHELF if at the time of adjudication visa number is not available.
http://www.ilw.com/seminars/august2002_citation2b.pdf
Questions:
1) Suppose my EB2 PD (I-140 approved, no 485 filed) become current prior to
my EB3 PD (current employment- 485 is filed under this) and for some
months if I see EB3 may not move ahead what would be the best startegy
out of following?
- PORT (EB2 PD: 06/2*/2006) PD to my current 485 file which is based on
EB3 with PD 07/2*/2003. Can we PORT NEW PD to the file based on OLD
PD? I know OLD PD can be ported to NEW PD but what about reverse
condition?
- File another set (Myself+3) of 485 as new application under EB2 (Future
Employer) mentioning current A# numbers.
- File another set (Myself+3) of 485 as new application under EB2 (Future
Employer) mentioning current A# numbers with PORTING of OLD PD (EB3
PD 07/2*/2003).
Thanks in advance for any help or suggestions.
- BharatPremi
I need your opinion and advise on this.
Old file - First File:
-----------------
current employer:A
EB3-Country: India(Bharat)-RIR-PD:07/2*/2003, I-140 approved - 485/AP/EAD/G-325 A filed on 07/12/2007 - EAD received, Soon FP appointment - NO AP yet - (myself-Primary+3) filing
New file - Second File:
---------------------
Future Employer: B
EB2-Country: India(Bharat)-PERM: PD:06/2*/2006,I-140 approved - NO 485 is filed under this yet.
Note: Labor for both applications has similar codes except new filing is based
on "Seniority" and thus EB2.
Now in light of October 2007 visa bulletin prediction given on www.murthy.com, It looks like EB2 may go ahead with comparision to EB3 ( Eb2: may stuck at January 2003 and EB3 May 2001/2) and by reading page 130 to 134 from the following link it looks like Priority date still matters even after filing 485 and your case can go on VISA HOLD SHELF if at the time of adjudication visa number is not available.
http://www.ilw.com/seminars/august2002_citation2b.pdf
Questions:
1) Suppose my EB2 PD (I-140 approved, no 485 filed) become current prior to
my EB3 PD (current employment- 485 is filed under this) and for some
months if I see EB3 may not move ahead what would be the best startegy
out of following?
- PORT (EB2 PD: 06/2*/2006) PD to my current 485 file which is based on
EB3 with PD 07/2*/2003. Can we PORT NEW PD to the file based on OLD
PD? I know OLD PD can be ported to NEW PD but what about reverse
condition?
- File another set (Myself+3) of 485 as new application under EB2 (Future
Employer) mentioning current A# numbers.
- File another set (Myself+3) of 485 as new application under EB2 (Future
Employer) mentioning current A# numbers with PORTING of OLD PD (EB3
PD 07/2*/2003).
Thanks in advance for any help or suggestions.
- BharatPremi
more...
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mhathi
01-11 02:04 PM
Guys the race is on! Anti immigrants are onto our campaign. see this link!
http://www.alipac.us/ftopict-97988.html
Are you ready for the showdown? Lets send as many letters as we can!!
http://www.alipac.us/ftopict-97988.html
Are you ready for the showdown? Lets send as many letters as we can!!
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jonty_11
06-20 09:50 PM
I have an employment-based petition and I'm presently unemployed. From what I understand, the sponsoring employer can hire me when I get my green card. So, when I get my EAD, which is most probably in 3 months, can I use it to work for whomever I wish?
u r currnetly out of status if u are in US.
u r currnetly out of status if u are in US.
more...
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fromnaija
01-05 12:00 PM
Great idea!
I am also sure politicians may support this as it would increase their vote bank.
I am also sure politicians may support this as it would increase their vote bank.
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pop
01-20 08:40 AM
Because you still need a visa to enter the USA (though you have an H-1B approval) and application for the visa abroad is not always easy.
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desi3933
01-30 06:23 AM
Another thought... they might have been confused with EAD through L1/B1 etc dependent and EAD through pending AOS. The first case is temporary and depends on the primary applicant status. See if thats their concern and clarify...
Good luck!!!
yagw
It does not matter. EAD is unrestricted employment authorization and has no conditions attached due to basis it was issued. Of course, EAD can be revoked due to basis no longer available (such as expiration of L2 Status), but person can work as long as EAD is valid.
Form I-9 Employment Verification - Form I-9 Services from Form I-9 Compliance, LLC (http://www.formi9.com/form-i9-faqs.aspx)
[From the link]
Q. Can I avoid reverifying the I-9s by not hiring persons whose employment authorization has an expiration date?
A. You cannot refuse to hire persons solely because their employment authorization is temporary. The existence of a future expiration date does not preclude continuous employment authorization for an employee and does not mean that subsequent employment authorization will not be granted. In addition, consideration of a future employment authorization expiration date in determining whether an alien is qualified for a particular job could be an unfair immigration-related employment practice.
---------------------------------------------
_________________________
US citizen of Indian origin
Not a legal advice
Good luck!!!
yagw
It does not matter. EAD is unrestricted employment authorization and has no conditions attached due to basis it was issued. Of course, EAD can be revoked due to basis no longer available (such as expiration of L2 Status), but person can work as long as EAD is valid.
Form I-9 Employment Verification - Form I-9 Services from Form I-9 Compliance, LLC (http://www.formi9.com/form-i9-faqs.aspx)
[From the link]
Q. Can I avoid reverifying the I-9s by not hiring persons whose employment authorization has an expiration date?
A. You cannot refuse to hire persons solely because their employment authorization is temporary. The existence of a future expiration date does not preclude continuous employment authorization for an employee and does not mean that subsequent employment authorization will not be granted. In addition, consideration of a future employment authorization expiration date in determining whether an alien is qualified for a particular job could be an unfair immigration-related employment practice.
---------------------------------------------
_________________________
US citizen of Indian origin
Not a legal advice
letstalklc
09-04 02:49 PM
I hate to play "who winks first" game with teleblend. They told that they would come up with similar india plan but not providing any details.
May be now I should switch to vonage or Lingo. One factor in favor of vonage is: I get two months free with referral and one year contract rather than 2 years with Lingo.
As per one my close friend, lingo CS is not very good. Vonage is still better than Lingo.
However here is my question.
The acutal cost of Vonage with unlimited india calling is $31 - $32 per month due to taxes, misc charges etc.
WHAT would be ACTUAL COST OF LINGO per month? any approximation?
Any one who uses lingo? Please advice... How much money do Lingo charges over & above regular monthly charges?
I used to be a vonage user and Vonage was horrible as they were trying as much hard to charge the MAX to the customer in extra MISC charges.
So far they havent provided any link from LINGO.COM home page, even the link what I posted got it from my friend........we didnt know at this moment how much taxes gonna be...
It's 2 years agreement and it's killing part....
I have no idea about customer service or call quality....
If any body has exp...please share for other customers who are willing to sign will be healpfull...
May be now I should switch to vonage or Lingo. One factor in favor of vonage is: I get two months free with referral and one year contract rather than 2 years with Lingo.
As per one my close friend, lingo CS is not very good. Vonage is still better than Lingo.
However here is my question.
The acutal cost of Vonage with unlimited india calling is $31 - $32 per month due to taxes, misc charges etc.
WHAT would be ACTUAL COST OF LINGO per month? any approximation?
Any one who uses lingo? Please advice... How much money do Lingo charges over & above regular monthly charges?
I used to be a vonage user and Vonage was horrible as they were trying as much hard to charge the MAX to the customer in extra MISC charges.
So far they havent provided any link from LINGO.COM home page, even the link what I posted got it from my friend........we didnt know at this moment how much taxes gonna be...
It's 2 years agreement and it's killing part....
I have no idea about customer service or call quality....
If any body has exp...please share for other customers who are willing to sign will be healpfull...
Ramba
08-07 12:56 PM
US court already clearly given vertict to BS+5 years alone itsef qualify for EB2. It was a major ruling against INS.
US educated (or holding master degree) is no way superior than holding BS+5 years experience if job requires more experience . Similarly BS+5 years is no way superior than MS, if job requires absolutly Masters degree (like research).. So dont compare each other, as each has its own merits. Education and experience cannot replace each other.
However, One can send a petition to DOL/USCIS to deny the second LC/140 application if an employer files two LC/I-140 for a single person (same employer -same beneficiary) for a similar kind of job, just to help the employee to line jump from EB3 to EB2. This may work to stop abusing the system.
Read this before you go further ..
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr03jy00-111
US educated (or holding master degree) is no way superior than holding BS+5 years experience if job requires more experience . Similarly BS+5 years is no way superior than MS, if job requires absolutly Masters degree (like research).. So dont compare each other, as each has its own merits. Education and experience cannot replace each other.
However, One can send a petition to DOL/USCIS to deny the second LC/140 application if an employer files two LC/I-140 for a single person (same employer -same beneficiary) for a similar kind of job, just to help the employee to line jump from EB3 to EB2. This may work to stop abusing the system.
Read this before you go further ..
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr03jy00-111
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