realizeit
07-28 10:27 AM
For me, it would take at least 2-4 years to get GC as my PD is around OCT-06/EB2.
I sincerely would like to contribute at least $1000 to IV, when I receive my GC.
So far..
One Time Contribution - $100
Recurring Contrib Since OCT-07: $50
I sincerely would like to contribute at least $1000 to IV, when I receive my GC.
So far..
One Time Contribution - $100
Recurring Contrib Since OCT-07: $50
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jsb
12-16 12:41 PM
Ladies and Gentlemen,
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....
desi3933
02-14 08:29 AM
Hello all,
Is there a law that grant green card for a person who's been in the States legally for more than 10 years?
Thanks
No, not that for 10 years.
Howeve, the I-485 can be filed based on residency, if the applicant has been US resident since before Jan 1st, 1972.
The applicant need to
1. secure a signed SSA-795 from the individual indicating the beginning and ending dates of all periods of residence in the U.S. The statement does not have to include the complete street address. The town and/or State is sufficient.
2. a statement which shows no absence of longer than 6 months is sufficient to determine continuous residence in the U.S. since before January 1, 1972.
__________________
Not a legal advice.
Is there a law that grant green card for a person who's been in the States legally for more than 10 years?
Thanks
No, not that for 10 years.
Howeve, the I-485 can be filed based on residency, if the applicant has been US resident since before Jan 1st, 1972.
The applicant need to
1. secure a signed SSA-795 from the individual indicating the beginning and ending dates of all periods of residence in the U.S. The statement does not have to include the complete street address. The town and/or State is sufficient.
2. a statement which shows no absence of longer than 6 months is sufficient to determine continuous residence in the U.S. since before January 1, 1972.
__________________
Not a legal advice.
2011 summer spirit sunny cloudy
devan
11-04 01:43 AM
Hello gurus,
I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
The birth certificate you submitted has a delayed registration. Please comply with the following.
a) Hospital birth records which name the child and both parents.
b) Medical records which name the child and both parents
c)school records which name the child and bother parents.
d) Census records which name the child and both parents.
c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.
I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply
Thank you
devan
I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
The birth certificate you submitted has a delayed registration. Please comply with the following.
a) Hospital birth records which name the child and both parents.
b) Medical records which name the child and both parents
c)school records which name the child and bother parents.
d) Census records which name the child and both parents.
c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.
I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply
Thank you
devan
more...
cableman
08-09 02:33 PM
You can have experience in any country not necessary in USA. But the experience earned at current employer is not considered towards 5 years
This is true. That said, if you transfer from one office/department to another office/department within the same employer, you can count the 5 years experience as long as these two offices/departments are using two different Tax Id for your W-2. This is what our lawyers told us.
This is true. That said, if you transfer from one office/department to another office/department within the same employer, you can count the 5 years experience as long as these two offices/departments are using two different Tax Id for your W-2. This is what our lawyers told us.
GCwaitforever
06-20 02:39 PM
I sent my reply with subject: "LA Documentary - Not in the area".
more...
perm2gc
10-04 06:47 PM
I am from India and lived in Brussels, Belgium between 2000-2002 before being transferred by my Indian IT company to work in US on H1. Here are some facts on Brussels:
1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.
2. Cost of Living:
Apartment Rent: 900-1000 Euros per month
Lease terms: 6-12 months
Transportation: Public (Bus, subway, trains). You don't need a car.
Some companies offer a car+gas card as part of the overall
compensation package.
3. Salaries: Around Euros 35-45K per year (IT related)
Taxes: More than US (Around 30-35%)
Health Insurance: None
Vacation Time: 20-30 days an year
Education:Schools are mostly french medium. International schools
(English medium) are more expensive.
Desi/Indian population: Limited
4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.
Good info..thks
1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.
2. Cost of Living:
Apartment Rent: 900-1000 Euros per month
Lease terms: 6-12 months
Transportation: Public (Bus, subway, trains). You don't need a car.
Some companies offer a car+gas card as part of the overall
compensation package.
3. Salaries: Around Euros 35-45K per year (IT related)
Taxes: More than US (Around 30-35%)
Health Insurance: None
Vacation Time: 20-30 days an year
Education:Schools are mostly french medium. International schools
(English medium) are more expensive.
Desi/Indian population: Limited
4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.
Good info..thks
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Eternal_Hope
04-22 03:55 PM
This should also act as an eyeopener for those people on H-1B who are just about now starting their GC process. Such people can forget getting a GC for the next 12-15 years.
If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.
----------------------------------
I think I will change my ID to "(Non)Eternal_Hope"
If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.
----------------------------------
I think I will change my ID to "(Non)Eternal_Hope"
more...
horus
10-25 10:17 AM
The online status of your H1 petition is irrelevant when you obtain a SSN card. If the SS people are making it a problem, what they are doing is ILLEGAL. They probably lack essential training for a SS employee. They should accept the notice you show them as proof of approval. If they do not, they are supposed to accept your application for a SS card pending further verification, where they manually contact USCIS and verify your approval (through electronic SAVE, or traditional SAVE forms).
If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.
If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.
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jonty_11
11-16 09:13 PM
News from REDIFF
http://ia.rediff.com/news/2006/nov/17ndeal8.htm?q=tp&file=.htm
No one seems to be talking abt it....no news, no discussions..that is what lobbying is all abt...not abt making a hue and cry before lame duck and seeing nothing passed through.....The Caucus of companies taht has kinda threatened to outsource if H1Bs are not increased....might just fall flat.
http://ia.rediff.com/news/2006/nov/17ndeal8.htm?q=tp&file=.htm
No one seems to be talking abt it....no news, no discussions..that is what lobbying is all abt...not abt making a hue and cry before lame duck and seeing nothing passed through.....The Caucus of companies taht has kinda threatened to outsource if H1Bs are not increased....might just fall flat.
more...
bongopondit
07-27 12:53 AM
You can apply for a PCC from Regional Passport Office. I got mine for Rs.300/- at the Passport office in just 2 days and its very simple. If you want a PCC from Police Department its a big hassle in India, you can approach only the Superintendent/Commissioner's Office to request one. Mostly Police in India demand money for these kind of simple things, its nothing but "bribe" which I'm against.
Hi edaltsis,
can you tell me which RPO you went to to get the PCC done ? We are in a similar boat. Consulate interview coming up, we are in Australia, local consulate giving us a hard time - saying they will need 2 months to get a PCC !!!! So planning to go to Kolkata to get it done.
Hi bluez25
As far as I could make it out, you dont have to have all the documents at VFS - you can submit your PCC at the time of the interview. I remember reading somewhere in the Mumbai Consulate website that you can even submit all your documents at the interview, but you have to pay the courier fees at VFS 10-7 working days in advance. Hope this helps.
Also, for you and anyone else attending Consular Processing, I got this in an e-mail from the Mumbai Consulate:
"Yes, you may bring a PCC from the Regional Passport Office in India. Also, if you can, you may get a PCC from the police certificate from the local police station in addition to the PCC from RPO. The PCC from the local police station is not compulsory, but the other PCC is a must from the RPO."
Hi edaltsis,
can you tell me which RPO you went to to get the PCC done ? We are in a similar boat. Consulate interview coming up, we are in Australia, local consulate giving us a hard time - saying they will need 2 months to get a PCC !!!! So planning to go to Kolkata to get it done.
Hi bluez25
As far as I could make it out, you dont have to have all the documents at VFS - you can submit your PCC at the time of the interview. I remember reading somewhere in the Mumbai Consulate website that you can even submit all your documents at the interview, but you have to pay the courier fees at VFS 10-7 working days in advance. Hope this helps.
Also, for you and anyone else attending Consular Processing, I got this in an e-mail from the Mumbai Consulate:
"Yes, you may bring a PCC from the Regional Passport Office in India. Also, if you can, you may get a PCC from the police certificate from the local police station in addition to the PCC from RPO. The PCC from the local police station is not compulsory, but the other PCC is a must from the RPO."
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meridiani.planum
03-13 08:39 PM
Hi All,
I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.
This is the matter that I have in my Graduate Status letter.
"This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"
Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.
Please help me what to do with this situation and having letter from the university.
no. until you complete all the requirements technicaly you have not completed your masters and cant use the masters quota.
I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.
This is the matter that I have in my Graduate Status letter.
"This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"
Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.
Please help me what to do with this situation and having letter from the university.
no. until you complete all the requirements technicaly you have not completed your masters and cant use the masters quota.
more...
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immi_seeker
09-27 11:57 AM
Hello All, Pardon me if I'm bringing up the question that's already been answered, but couldn't find any answer anywhere in the forum.
I just received my FP notice today but my wife hasn't received any. I'll wait few more days certainly before calling USCIS, but has anybody come across this situation? We had mailed all the applications together at NSC and have Receipt Notices.
Does InfoPass come to any help here?
Please suggest.
Me and my wife recieved our FP notcies 4 days apart. i would say wait for a week before calling USCIS, but make sure you call before your appt itself. Also you can check with your attorney whether they have recieved the FP notice
I just received my FP notice today but my wife hasn't received any. I'll wait few more days certainly before calling USCIS, but has anybody come across this situation? We had mailed all the applications together at NSC and have Receipt Notices.
Does InfoPass come to any help here?
Please suggest.
Me and my wife recieved our FP notcies 4 days apart. i would say wait for a week before calling USCIS, but make sure you call before your appt itself. Also you can check with your attorney whether they have recieved the FP notice
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keepwalking
05-13 10:41 PM
Texas Processing Center shows August 11,2010 for
Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications
I am thinking it may take 6-7 months or am I wrongly interpreting this information posted online....
Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications
I am thinking it may take 6-7 months or am I wrongly interpreting this information posted online....
more...
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Munna Bhai
01-30 09:33 AM
Hi,
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.
Answer:Yes, you can transfer, do it as soon as you can.
Answer:Yes, start new PERM+I-140 and get extension for 3 years.
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.
Answer:Yes, you can transfer, do it as soon as you can.
Answer:Yes, start new PERM+I-140 and get extension for 3 years.
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neel_gump
05-12 03:20 PM
Security Checks : How and Why
The U.S. Citizenship and Immigration Services (USCIS) issued a Fact Sheet on April 25, 2006 regarding security checks under the U.S. immigration system. The purpose of the article is to explain the various types of security checks. As many MurthyDotCom and MurthyBulletin readers know, security checks have become a real source of contention, as they slow case processing for indeterminate periods of time. The fact sheet may be a reaction to growing unrest surrounding security check delays in processing both nonimmigrant and immigrant cases.
Background on Security Checks
All those who apply for immigration benefits must undergo criminal and national security background checks. The USCIS emphasized that these checks are performed on all applicants, and are not targeted at or against any particular group. These checks expanded after 9/11. The USCIS points out that most cases proceed without incident and in a timely fashion. They acknowledge, however, that some cases are held up for more than a year because of delays in the security checks.
Why Security Checks are Conducted
The background checks are aimed at identifying individuals who are a risk to national security, or are seeking otherwise to cause harm to the U.S. They are also designed to identify people attempting to abuse the immigration system. The USCIS will not grant an immigration benefit before the security checks are complete, regardless of the length of the delays. The USCIS states that they are working with the FBI and other agencies to try to increase the speed of the security checks.
We note that expediting the security checks not only benefits legitimate applicants who suffer from the delays, but serves the very purpose of the checks. The USCIS states that they have located various violent criminals, drug traffickers, and persons with links to terrorism through these checks. Clearly, no one wants dangerous individuals remaining within the U.S. To the extent that the background checks are being performed on applicants within the country, however, delays in the completion can serve to permit some of those applicants to remain in the U.S. lawfully during the time it takes the USCIS to complete the checks. For example, one who has a properly filed I-485 Application for Adjustment of Status pending is lawfully in the U.S. and is eligible for work authorization. If such a person is a threat, then a security check that drags on for a year or more only serves to extend that person's time in the United States. Thus, there is a security interest in not only performing proper checks, but in performing them in a timely fashion.
How Security Checks Work
The USCIS uses three types of checks as a standard background review for a variety of cases. They have the authority to conduct other sorts of background checks, if needed.
IBIS Name Checks Interagency Border Inspection System (IBIS) name checks are a generally quick manner of checking information from multiple government agencies that is in a combined database to determine if there is any information that is relevant to the decision in a particular case. The results are usually available quickly, but it may take more time to investigate any information revealed by the IBIS check.
FBI Fingerprint Checks Fingerprint checks are conducted by the FBI for many types of applications, but not all. Many of our clients and readers who are I-485 Adjustment of Status applicants are familiar with these checks, which provide any criminal background information on the adjustment applicant. The responses, according to the USCIS, are generally forwarded within one to two days. If there is a match, then the USCIS will get a criminal history sheet. This information will be reviewed to see if it affects eligibility for the benefit sought.
Sometimes, this information does not reflect the disposition or outcome of a particular crime. Thus, it is important for applicants to have proof, in the form of a certified copy of the disposition, in order to address the issue with the immigration officer. The USCIS notes that expungements or pardons, etc, must be reported. Anyone with a question about what has to be revealed should speak with an immigration attorney. It is important to understand that matters not considered to be convictions for general legal purposes, may be considered convictions for an immigration purpose. It also is important to have a good understanding of what happened in any criminal matter. We often meet individuals who are unable to explain how their cases ended - which is key in analyzing the impact a criminal charge has on the immigration status and eligibility for future benefits. Of course, we also strongly recommend that everyone comply with the law in all respects to avoid any criminal charge, whatsoever.
FBI Name Checks These name checks are required for many applications, and are different from the fingerprint checks. These involve a check of various law enforcement files and generally take about two weeks. The USCIS reports that 80 percent of these result in a "no match." This means that there is no matching record. For the remaining 20 percent, there is some match, and the matter has to be reviewed in more detail, in part to determine whether the applicant is the same individual as the person on record. These matters generally are resolved in six months. The USCIS reports that less than one percent of these take longer than six months. Such cases can be quite complex and sensitive and are not complete until all of the information is obtained and resolved.
Of course, given the volume of cases, one percent is still a great many people. Moreover, delays of six months, in addition to all of the other processing timeframes, can be significant and life-affecting. The impact on lives goes well beyond anxiety and stress, depending upon the situation.
Conclusion
The USCIS states that some delays are inevitable due to the sheer volume of cases. Background checks are considered pending when the FBI or other responsible agency has not responded or when there is a response that requires further investigation. According to the USCIS, the resolution of some cases is time consuming and labor intensive, and can take months or even years. At the local office level, "sweeps" of cases are performed to see which ones are cleared through the background check system and can be finalized. While the background check is underway, the USCIS does not share the information that has been uncovered or the status of any investigation with the applicant or the applicant's attorney.
We at the Murthy Law Firm appreciate this insight. We all understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. We would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for our country and the safety of our people.
The U.S. Citizenship and Immigration Services (USCIS) issued a Fact Sheet on April 25, 2006 regarding security checks under the U.S. immigration system. The purpose of the article is to explain the various types of security checks. As many MurthyDotCom and MurthyBulletin readers know, security checks have become a real source of contention, as they slow case processing for indeterminate periods of time. The fact sheet may be a reaction to growing unrest surrounding security check delays in processing both nonimmigrant and immigrant cases.
Background on Security Checks
All those who apply for immigration benefits must undergo criminal and national security background checks. The USCIS emphasized that these checks are performed on all applicants, and are not targeted at or against any particular group. These checks expanded after 9/11. The USCIS points out that most cases proceed without incident and in a timely fashion. They acknowledge, however, that some cases are held up for more than a year because of delays in the security checks.
Why Security Checks are Conducted
The background checks are aimed at identifying individuals who are a risk to national security, or are seeking otherwise to cause harm to the U.S. They are also designed to identify people attempting to abuse the immigration system. The USCIS will not grant an immigration benefit before the security checks are complete, regardless of the length of the delays. The USCIS states that they are working with the FBI and other agencies to try to increase the speed of the security checks.
We note that expediting the security checks not only benefits legitimate applicants who suffer from the delays, but serves the very purpose of the checks. The USCIS states that they have located various violent criminals, drug traffickers, and persons with links to terrorism through these checks. Clearly, no one wants dangerous individuals remaining within the U.S. To the extent that the background checks are being performed on applicants within the country, however, delays in the completion can serve to permit some of those applicants to remain in the U.S. lawfully during the time it takes the USCIS to complete the checks. For example, one who has a properly filed I-485 Application for Adjustment of Status pending is lawfully in the U.S. and is eligible for work authorization. If such a person is a threat, then a security check that drags on for a year or more only serves to extend that person's time in the United States. Thus, there is a security interest in not only performing proper checks, but in performing them in a timely fashion.
How Security Checks Work
The USCIS uses three types of checks as a standard background review for a variety of cases. They have the authority to conduct other sorts of background checks, if needed.
IBIS Name Checks Interagency Border Inspection System (IBIS) name checks are a generally quick manner of checking information from multiple government agencies that is in a combined database to determine if there is any information that is relevant to the decision in a particular case. The results are usually available quickly, but it may take more time to investigate any information revealed by the IBIS check.
FBI Fingerprint Checks Fingerprint checks are conducted by the FBI for many types of applications, but not all. Many of our clients and readers who are I-485 Adjustment of Status applicants are familiar with these checks, which provide any criminal background information on the adjustment applicant. The responses, according to the USCIS, are generally forwarded within one to two days. If there is a match, then the USCIS will get a criminal history sheet. This information will be reviewed to see if it affects eligibility for the benefit sought.
Sometimes, this information does not reflect the disposition or outcome of a particular crime. Thus, it is important for applicants to have proof, in the form of a certified copy of the disposition, in order to address the issue with the immigration officer. The USCIS notes that expungements or pardons, etc, must be reported. Anyone with a question about what has to be revealed should speak with an immigration attorney. It is important to understand that matters not considered to be convictions for general legal purposes, may be considered convictions for an immigration purpose. It also is important to have a good understanding of what happened in any criminal matter. We often meet individuals who are unable to explain how their cases ended - which is key in analyzing the impact a criminal charge has on the immigration status and eligibility for future benefits. Of course, we also strongly recommend that everyone comply with the law in all respects to avoid any criminal charge, whatsoever.
FBI Name Checks These name checks are required for many applications, and are different from the fingerprint checks. These involve a check of various law enforcement files and generally take about two weeks. The USCIS reports that 80 percent of these result in a "no match." This means that there is no matching record. For the remaining 20 percent, there is some match, and the matter has to be reviewed in more detail, in part to determine whether the applicant is the same individual as the person on record. These matters generally are resolved in six months. The USCIS reports that less than one percent of these take longer than six months. Such cases can be quite complex and sensitive and are not complete until all of the information is obtained and resolved.
Of course, given the volume of cases, one percent is still a great many people. Moreover, delays of six months, in addition to all of the other processing timeframes, can be significant and life-affecting. The impact on lives goes well beyond anxiety and stress, depending upon the situation.
Conclusion
The USCIS states that some delays are inevitable due to the sheer volume of cases. Background checks are considered pending when the FBI or other responsible agency has not responded or when there is a response that requires further investigation. According to the USCIS, the resolution of some cases is time consuming and labor intensive, and can take months or even years. At the local office level, "sweeps" of cases are performed to see which ones are cleared through the background check system and can be finalized. While the background check is underway, the USCIS does not share the information that has been uncovered or the status of any investigation with the applicant or the applicant's attorney.
We at the Murthy Law Firm appreciate this insight. We all understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. We would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for our country and the safety of our people.
more...
makeup with generally sunny skies
gc_chahiye
12-18 12:49 PM
I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.
good point. Also keep in mind:
- you can recapture your PD later. So if your case for EB2 is not that strong, go for EB3, get your PD locked, then a couple of years down the line you can go for EB2 and recapture this older priority date.
- recently the number of PERM audits have gone up, and EB2 ones especially (talked to our company lawyer, and even saw lots of posts on this forum). If the position does not justify EB2 or its hard to justify, you need to be careful and conservative.
good point. Also keep in mind:
- you can recapture your PD later. So if your case for EB2 is not that strong, go for EB3, get your PD locked, then a couple of years down the line you can go for EB2 and recapture this older priority date.
- recently the number of PERM audits have gone up, and EB2 ones especially (talked to our company lawyer, and even saw lots of posts on this forum). If the position does not justify EB2 or its hard to justify, you need to be careful and conservative.
girlfriend with generally sunny skies
kirupa
01-25 05:01 PM
You can add a MouseLeftButtonDown event to pretty much any element! Just select and use the Events tab to set your event handler name: http://www.kirupa.com/net/creating_simple_wpf_gui_app_pg5.htm
Both Blend and VS will auto-generate the event handler where you can insert some code :)
Both Blend and VS will auto-generate the event handler where you can insert some code :)
hairstyles and sunny feb Sunny+skies
hebbar77
09-16 01:22 PM
Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?
Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!:D
Ok, I know this could be wrong answer... But since we are legal immigrants we need to follow all the laws!!:D
meridiani.planum
03-10 08:21 PM
Hi,
I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.
What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.
Please adivse.
Thanks and Regards
the only way to extend the H1 is to:
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.
What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.
Please adivse.
Thanks and Regards
the only way to extend the H1 is to:
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
praveen2008
02-13 07:19 PM
\first of all thanks for the answers...
Sorry forgot to provide some more details which i should have...NO i have not filed 485 as my PD is not current... my PD is Nov 2007. new company is saying they will start the GC only after 6 months....
SO looks like better to hang on to current desi company and hope for best on the H1 extension and any POE if i am traveling outside
Sorry forgot to provide some more details which i should have...NO i have not filed 485 as my PD is not current... my PD is Nov 2007. new company is saying they will start the GC only after 6 months....
SO looks like better to hang on to current desi company and hope for best on the H1 extension and any POE if i am traveling outside