Saturday, July 2, 2011

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  • srgadi
    09-25 02:57 PM
    I have had couple of LUDs on my cases (9/10 and 9/13) and nothing after that. The last time I gave my fingerprints were in Jan 2009, so I am sure they have expired. Should I proactively get the biometrics done (by taking an infopass and requesting biometrics notice) or wait for them to send me the notice?

    Not sure if this will help if I open up an SR or take an infopass. Anyone got their 485 approved while their biometrics were expired?

    My lawyer received a letter from USCIS asking for verification of employment and whether the position is still available and being offered to me. Once they respond, hopefully the approval will come through.





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  • fcres
    07-31 03:44 PM
    1. If a Receipt Number is issued for a I-485, does it necessarily mean that the case won't outright be rejected for a missing document/ evidence, but instead an RFE will be issued?
    2. When a receipt number is issued for a I-485, and if we send out the missing document/initial evidence using the allocated A#, is there a good likelihood that the evidence/document will make it to the appropriate file?

    Answers to these will help make a decision on filing multiple I-485's where the first I-485 missed some initial evidence.
    Thanks!

    One more thing: I was about to make another private consultation call today. I pledge contributing $200 if I find a concrete answer to this issue without having to consult one more lawyer.

    My laywer ( a known one, but not the regulars here) also didn't include EVL. When i asked him about it, he said whether we include it now or not, they will issue an RFE at the time of adjudication. I was content with that, but after reading about it more here, i pressed him again about the issue and the new memo. He said he does not foresee a denial because of this, but if i'm worried we will send the EVL along with a cover letter and the RN. But filing another 485 is not advisable. I'm working on the EVL, and once he is less busy after Aug 17th i will ask him to send it. And i hope it will make it to the right file if we include the RN and A#, just like replying to an RFE.

    btw, to answer #1, i did get RN so i would think the case may not be outright rejected for missing evidence. I did FP and my LUD was changed for 485 and 131. I filed 765 later and that also has an LUD after FP.





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  • summitpointe
    01-24 12:45 PM
    I was told if you are going back to your home country, even if you don't have valid US Visa stamped, you don't need a transit visa. When you come back ofcourse you will have a vaild US visa





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  • GCVictim
    08-24 12:37 PM
    If you give my reference we both will get 2 months free.

    Srikanth Vadlakonda
    972-798-0307 (H)
    friend.



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  • prashantc
    01-22 12:08 PM
    Interviewed: Jan 2 2008
    VO said visa approved, will receive in 7 days
    Jan 18: received a call from the consulate, said the petition number on the application is incorrect, and I need to resubmit the approval notice with fresh DS 156/157 at the Bangalore VFS drop box.

    Has anyone else been through the same situation?

    I checked a copy of the original DS-156/157, and there was no place to enter receipt number. The only place I could see was where the VFS pre-screening guys enter this number manually (first page DS 156 top right corner).

    If this is due to their mistake, I will be very angry and will convey this to the consulate general.





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  • GCKaIntezar
    05-19 10:43 PM
    Folks,
    Quick question on 485 processing times (I know a lot of folks have been waiting for couple of years for their processing to complete)

    I checked on the USCIS website, they show that Texas and Nebraska are processing Sep/Oct 2006 cases. How can one gauge a typical processing time at USCIS for 485 applications? Any clues?



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  • pappu
    08-04 06:43 PM
    FBI Name Check
    Copyright � Triceiver.com

    All applicants for immigration benefits must undergo background security checks, and one of them is the FBI name check. It is conducted by the FBI National Name Check Program Section (NNCPS). Since 2003, many green card (I-485) and naturalization applications have been significantly delayed by this process, sometimes by several years! More importantly, immigrants affected by this processing delay are often left in complete darkness. USCIS has adopted a policy that it will not release any information regarding name checks to applicants. Similarly, the FBI has practically shut down all email and phone communications previously available to immigrants.

    How FBI name check works?
    FBI name check, in short, is to compare a person's name against the Central Records System and see if there is a matching record. However, this seemingly simple process can be quite complicated in some cases.

    1. The Central Records System (CRS) is huge
    The CRS contains all information which the FBI has acquired during many years of law enforcement activities. It has numerous administrative, applicant, criminal, personnel, and other types of files, related to not only individuals, but companies and foreign intelligence matters also. Certain records are stored in the FBI headquarters in Washington, D.C., while others are maintained by field offices across the United States.

    When a name check request is received, the FBI conducts a search of the individual's name in the CRS' General Indices. In addition to the person's full name, the FBI will also use different combinations and variations of the same name.

    The General Indices have two types of entries according to the FBI:

    A "main" entry - an entry that carries the name corresponding with the subject of a file contained in the CRS. A main file name thus refers to an individual who is the subject of an FBI investigaton.

    A "reference" entry - an entry, sometimes called a "cross-reference," that generally only mentions or references an individual, organization, etc., contained in a document located in another "main" file. So a reference is someone whose name only appears in an investigation.

    The FBI name check will search both "main" files and "reference" files. In comparison, the FBI Privacy Act request searches main files only. The Privacy Act request is sometimes referred to as FOIPA request, Freedom of Information and Privacy Act. So when an I-485 filer receives a "No Record" letter from the FBI in response to their FOIPA request, it only means that his or her name doesn't match any "main" entry.

    During a name search, the FBI first checks the person's name electronically against the Universal Index contained in a database called Automated Case Support (ACS) system. For most people (68% according to the FBI), the results come back with "No Record" within 48 hours, meaning that their name checks are considered cleared. If there is a match, called a "hit," an agent must manually review the file or entry. This secondary name search usually identifies additional people as having "No Record." According to the FBI, about 10% of name check requests must go through yet a third level of review, during which the matching record must be retrieved from the source. But there is a problem:

    2. Not all records are digitized and many are still paper documents
    If the matching record has a digital copy in the ACS, it can be reviewed quickly. Otherwise paper documents must be transported to the reviewer from one of the FBI field offices which are located all over the country. This could cause significant delays. The name check result after this review will be forwarded to the requesting agency such as the USCIS.

    3. Sheer volume of name check requests from multiple agencies
    Although the name check itself could take a long time in some cases, it is not the bottle neck. The more serious problem is the time it takes for an analyst to actually get to a case after a "hit," due to backlogs. This is probably the No.1 reason for a lot of cases that are stuck in FBI name checks.

    The FBI name check backlog may have several causes, and one of them is the sheer volume of requests. In addition to USCIS, many other Federal agencies, congressional committees, as well as state and local law enforcement agencies, all request name checks as part of their background investigation or clearance processes. According to Michael Cannon, Section Chief of NNCP, the FBI processed 3.7 million name checks in 2005, compared to about 2.5 million/year before September 11, 2001. In 2006, the USCIS alone sends more than 27,700 requests on a weekly basis.

    Moreover, it is not clear how strictly the FBI follows the order of first-in, first-out. It is particular difficult to find out exactly how the FBI would queue cases that have returned with potential matching records. From the simple fact that some name-check cases can be pending for several years, and not all of them are that complicated, the FBI's queuing method may need a review of its own.

    4. Lengthy name check process and national security
    Although conducting name checks is an essential step in identifying national security and public safety concerns, the current process may not achieve its intended objectives. The reason is that in almost all cases, a person whose name check is pending is currently present in the United States. So the lengthy process actually extends an individual's stay in the US. If it takes years to come to a conclusion that the person is indeed a security threat, what will happen during those years? In this sense, timely processing of name checks is not only a relief to legal immigrants, but a must for national security reasons.

    5. It is difficult to expedite FBI name checks
    In 2007, the USCIS established new policies on expediting FBI name checks and the criteria are very limited. The USCIS may demand expedited handling only if the case involves military deployment, age-out or sunset provisions, loss of certain benefits, or other compelling reasons such as critical medical conditions. It specifically stated that Writ of Mandamus (WOM) - a lawsuit forcing the government to act quickly after an unreasonable delay - would no longer qualify as one.

    Writing to Senators, Congressmen, or even the First Lady, have not shown as much success as many were hoping for. In fact, most Congressional inquires are now simply coming back with "case pending" responses. Some offices have stated that they will no longer contact the FBI for cases pending less than a year, citing an increasing number of letters asking for assistance. However, for most poeple, contacting congressional representives is one of very few channels still available to receive any information regarding their pending cases.

    6. The name check situation may get even worse, before it improves
    According to the USCIS Ombudsman, there is a staggering 329,160 FBI name check cases pending as of May 2007. Among them, 211,341 (64%) have been pending more than 90 days and approximately 32 percent (106,738) pending more than one year. Now with the biggest fee increase in decades, taking effect July 30th, 2007, The USCIS has proposed to allocate more funds toward the name check process. And the FBI indicated that additional funding would allow them to add more staff to speed up the process and reduce backlogs. Many are skeptical, but we certainly hope that they will achieve some of the goals this time.





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  • luckylavs
    09-19 09:59 AM
    Gurus,

    I received a SR reply in mail that my case is under additional review . MY pd is sep 05 and i am so frustrated. They also asked to check back after 4 - 9 months. Is there any body in that situation and what else can be done .. please advice..

    Thanks



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  • EndlessWait
    01-24 11:39 AM
    I had the misfortune of travelling thru London in December on my way to Mumbai. After I purchased my tickets, I learnt that I need a transit visa (TV) for UK. (Who is going to tell them (UK) that they are no longer the center of attraction esp. if you have lived and worked in US). Anyway, as per the rules, you need a transit visa if you don�t have a valid US visa. (Note: If you have AP, and don�t have a valid visa, you still need a TV).

    I went to their site and did all the research to get a TV. Good god Heavens! Has anyone filled out their painful form for a TV? Besides asking the usual details, they get extremely nosy. They want to know each and everything about you. Where you work, what money do you make, name of your wife, kids and their citizenship status, name of your father and mother and where they were born, their birth date, how much money you have and where the money is (stocks, bonds, CDS) etc. etc. While filling up the form I realized that, even my future father in law did not pose so many probing questions to me. (Please note: I don�t mind answering these silly questions for a regular visa, but for the damn TV, it is certainly overkill).

    Anyway to cut the long story short. The regular cost of TV is/was $92. However, when I filled up the application form they were asking for $184. (The satisfaction of getting a good deal on the tickets was quickly evaporating). I assumed I must have made a mistake in thinking the cost to be $92 and reluctantly paid $184. Next it was time to fill the application for my wife and answer the idiotic questions again. You should have seen the �I will kill you right now� look on my wife�s face after I woke her up in the middle of night and asked details about her parents. After I filled up the form, to my surprise, now they were asking $274 for visa fees. It was already 2:00 am and I have no choice but to painfully enter my credit card details, hoping that they would realize the mistake in their recon process and would reimburse the difference. (Of course, I was only dreaming).

    It is now almost the end of January and I have still now received any money from them. I have tried sending several email to the emb(ass)y, but none of their emails work. I get bounced email for all the emails that I have used. I have tried calling them and left messages and no one has called back. I have send emails to my credit card company and the people who processed the payment and none of them have been able to help me. There is a way to talk to someone in the emb(ass)y, but you need to dial a 900 number, which BTW costs $2.49 per minute. Throwing good money after bad is not an option.

    I just wanted to share this experience with you and remind you of the pain ahead, if you are travelling thru UK and don�t have a valid US visa. Personally, even if they had charged me the regular $92, I will still use other options to travel next time. The amount of time wasted in filling the crappy application form, going to NY, (starting Dec doing your finger prints) is simply too much to handle. Visiting your motherland/fatherland is a very special occasion and all these intermediate steps certainly water down the �good feeling� that you experience during the days leading to your trip.

    I haven�t given up my quest for a refund, but now, not only I want my money back I would like to bring back home the Koh-i-noor too.

    of all the smooth talk..cmon we all know the one time might power ruled the world.. so its not easy for them to get over with..well for those who dont like i always say..just boycott..but i know lots of them will still give in and take the pain...

    the way i see..if indian airlines were upto the task.. we could have direct flights from all major cities in US..but then again how can I simply blame the British govt. for tormenting us..its the Indian govt. who can't sort this..either encourage big businesses to launch international flights with world class service..that's something which we have to wait!





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  • dontcareanymore
    01-09 04:43 PM
    I am surprised to see this thread active this long. Earlier I have with help of Saralayar and other members have bring this point to attention. But at that time no one was supporting Idea.

    I see increasing support for the Idea as GC journey become longer and longer.

    Earlier I have pointed following points that I want to bring to remind if we want to get real support for this idea of early CITIZENSHIP AFTER GREEN CARD

    (1) I-140 and I-485 must be approved.

    (@) Time should be considered only after getting GC

    (3) For getting closer for political support our proposal should be close to Existing laws for FAMILY BASED and MARRIAGE BASED CITIZENSHIPS

    So we should argur that if YOU HAVE MASTER AND ABOVE IN STEM FILEDS YOu can get CITIZEN SHIP 5 yrs from date of Approval of I-140 ( which make it closer to fmaily based) and THREE YEARS from Date of Approval of I-485 (closer to marriage based citizens). You can get earlier of two . But when you get Citizenship your I-485 must be approved for ATLEAST 1 year.

    The above requirements can get closer to Marriage and family based and also help 90% of IV members.

    Adding the clause for the EDUCATIONAL THING might be able to get more political support also

    Thanks

    Most of the delay (after the labor) is in I485. Some people wait more than others and any timer that starts AFTER approval of I485 is not useful to those who already wait longer term on I485. Moreover it is I485 process that is most screwed up for the lack of better word. People with PD 2006 got the GC last year while people from 2002 are waiting in the SAME category , from the same country.

    REQUIREMENT of masters degree may be a convincing factor in your opinion , but that excludes certain members of the group.


    The 485 approval is just an adjustment of status. Technically approval of I140 is when you are approved to be a resident (Assuming no criminal record etc).



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  • syzygy
    07-11 02:15 AM
    any point in putting these on digg ?

    Please make the New York Times article and the Washington Post article the most viewed and most emailed articles on the site

    http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html
    http://www.nytimes.com/2007/07/11/us/11visa.html





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  • darslee
    07-11 12:21 AM
    Phew! Even I hate for you to be nitpicking :eek:

    I agree......:D



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  • eb3retro
    02-24 03:41 PM
    Thanks for pointing that out. Yes it is all there :-)


    but, no mention of able to file 485 without priority dates though.





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  • l1fraud
    06-16 10:39 PM
    There are lot of people losing jobs because of L1. I totally agree with L1Fraud that we need to expose this racket and make sure everybody is following the rules, period....People like ganguteli must be on L1 and they will always support to continue this fraud. Bringing people on low wages on L1 is causing lot of pressure on salary and I have seen whole floors being replaced from this so called highly skilled people on L1. I'm not against immigration but against people/companies breaking the rules..

    L1Fraud - Can you post on how to go about reporting this fraud. I know you mention about ICE? Do you have a format of letter and any suggestions on how to kick start the discussions and investigation....


    Go to ICE.gov website or use the below link
    "http://www.ice.gov/about/investigations/contact.htm"

    Please find to which IO office your region is attached, call the investigations office and talk to investigator and they will direct you to the local officer/investigator. Call the local investigator and he'll arrange to have a face to face meeting and he'll direct you regarding all the petition process. Please PM me know if you need any specific details.



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  • venky08
    01-07 10:07 PM
    my letters are on the way GO IV GO...





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  • justin150377
    07-09 09:50 PM
    What will happen is - they will pluck the notes from the baskets and then forward the flower baskets as a batch to the vets. I am sure someone at USCIS is going to read the notes.

    You are giving USCIS too much credit. A highly skilled immigrant needs to do that job..it requires thinking.



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  • gtg506p
    01-08 02:24 PM
    I will participate in this wholeheartedly. One suggestion to the admin: perhaps we can post this in other websites also like ? I know a lot of people use that site for posting problems etc and whoever is not in IV might also get to know about it.





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  • abuddyz
    02-29 08:21 AM
    here are some updates..

    i received reply to my inquiry email from mumbai consulate. and they wrote following in email

    "Please wait till you get an email from us.

    Mumbainiv/vd"

    I also visited the inquiry window at mumbai consulate personally and here is the coversation I had..

    me: I had my H1b visa interview on feb 11 and I want to know the status of my visa.
    she: what is your name (did something on computer). it is still pending for verification
    me: how long will it take?
    she: it might take another 1 or 2 weeks
    me: i was initially told that it will take only 1 week and it is already more than 2 weeks.
    she: it takes time
    me: what is the procedure to withdraw my visa application
    she: if you withdraw, how will you go there?
    me: i have advance parole document with me
    she: it is advisable to wait for this visa. if you go on advance parole, you might be inquired at port of entry.
    me: i have to find some other option as my client is waiting there.
    she: if you want to withdraw, you can send an email or you can come here personally but it is advisable to wait for this visa (she said it again).
    me: (i again asked) so i can withdraw and then go back using advance parole?
    she: as I said, it is advisable that you wait for visa

    I hope this is useful to everyone..(i have decided to wait for the visa and not use advance parole)





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  • swissgear
    09-16 01:29 PM
    Finally my journey ended today !!!
    Below are my details.

    1.) Priority Date --> 03/30/2006
    2.) 485 Approved on --> 09/16/2010
    4.) Service Center --> NSC
    5.) Pre-Adjucated Yes/No --> YES
    6.) Info Pass Yes/No --> yes (Today - No help)
    7.) USCIS Contact Yes/No --> Yes(Case assigned to IO)
    8) Service Request Yes/No --> Yes (opened SR on 09/02/10 citing "outside processing
    time" and no updates on the case after initial filing)
    9.) Contact Senator Yes/No --> NO
    10.) Recent RFE Yes/No --> EVL in 2009
    11.) AC-21 (Employer change) NO
    12.)Ported Case(EB3->EB2) Yes/No --> NO

    Thanks to all the great folks at IV that helped me navigate through this journey. This has been a great forum to know the updates and issues faced by the Highly Skilled Immigrants like us...
    It has also helped me in understanding the situation from the inception of my journey and helped me make my moves accordingly with one goal of getting GC without going through any hassles.

    And finally , I sincerely pray for all the folks in EB-3 to get some kind of relief soon, so you can get greened soon. And I would still support this great organization in what ever way I could.

    Thanks and best wishes to you all waiting :-)

    PS: For those of you who think Visas are over, its not the case based on my approval received today afternoon. So hang in there, your day comes soon enough :-)





    vsoni
    05-10 09:06 AM
    I was told I can't travel international after filling I-485.
    I can travel international only after receive the receipt of I-1485.

    Is this true?





    nixstor
    08-04 07:59 PM
    HV000,

    I agree with you. How ever you have not still updated your profile with DC rally attendance info. Please follow the thread (http://immigrationvoice.org/forum/showthread.php?t=11846) here to update your profile.

    Thanks



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