Kama Of Kingstone

Finally something concrete: :D

Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process
AILA InfoNet Doc. No. 07113061, Nov 30, 2007
In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months. The changes are consistent with Secretary Chertoff's risk management approach. The Secretary hopes that, in addition to clearing the backlog, a large percentage of the kinds of applications and situations that have previously been caught in name check delays will, in the future, be cleared quickly. However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed.

PD Dec 2004 /EB2
140 pending since July 07

I am in serious trouble, please read and comment if you can help.

- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.

I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)

what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?

Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.

As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.

"Even horse-betting has some amount of skill level (of the horse) and knowledge involved when u place a bet...and to think about it....When I used to be in India, I was told why India is not improving is because meritocracy takes a back seat everywhere while in US people are rewarded based on merits. I now realize with the backlog and the H1B that things are worse out here."

You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.

This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.

Thousands of advanced degree holders are being kicked out of the country and a million people are stuck in a GC mess -- no one cares, it's no-one's business. The human being is like a tiny and replacable cog in the system.

Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess. Zoe Lofgren is one, maybe a few others. The rest think the system is just fine.

Barack Obama spoke in the senate last July and said that the employment-based immigration system is working so well, we shouldn't make any changes!

Sorry, seeing this week's H1B brings out the pessimist in me. Maybe there's hope for legal immigrants in the future, but only if we keep fighting.

U have such a big signature but nothing abt contribution to IV. Have u contributed anything to IV? If not, how do u thinkIV can fight for whatever it is fighting?

I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.

The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?

Thanks and appreciate everyone's understanding.

Maybe he can come under asylum or refugee status; after all he also probably has two mother-in-laws there and that should qualify. One is bad enough, but TWO?

Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).

:D:D:D

Found it in .

http://imminfo.com/resources/namecheck.pdf

It was in sept 07.

Thanks Sheela. Was that visit to home, a part of your employer audit as well as it was mentioned by bujjigadu123 or something else?
Not sure whether you got a chance to ask the officer about the reason for this visit? Was it a part of random check or any investigation on fund transfers or any other program etc?

You see, not all the folks that receive gc are able to utilize the benefits.
I have ton of friends who received their GC two years ago, and now they keep telling everyone that it is no different than being on H1.
All I tell them is I will trade my H1 with their GC, and all they do is Shut up.
Yah, sure, if USA allowed us and our better halves to work unlimited without any doubts of going back abruptly one day, then I would rather stay on H1.
But as we all know, that is not the case.
I have finances and places set up to start business. The only thing holding me back is this damn backlog. My wife has a masters in communications and held a better job than me in India. What is she doing now? Watching my newborn kid play, and offer volunteer services to local hospital.
I am damn sure GC could solve that.
If some people are not able to take benefits of GC, doesnt mean that they should assume the same thing with others.
Things are different with everyone.

That is accurate I have done 10+2+1+3

For EB3 one needs to show 4 years of degree and 2 years of experiance. Normally every degree year is equivalent to 3 years of experiance. I don't know how USCIS sees diploma. In your case a very strong evaluation certificate is needed.

what is BEC?

Backlog Elimination centre

http://www.wandtv.com/Global/story.asp?S=6756670

^^^^^^^^^^^

There is a petition to capture lost visa. If lost visas are recaptured, there will be some relief.

At least that would definetely help. Apparently over the past 5 years they have lost 180,000 visas just becuase.

jasquil

Hi,

Filed at NSC on Jul 21st. Received as per FedEx receipt on Jul 23rd. Transferred I-485s, EADs and APs applications from NSC to CSC.

Received EADs and APs on Sept 25th from CSC.

Sept 18th notice received that I-485s have been moved back from CSC to NSC.

Rceipt date for transfer notice is Sept 18th. Dont see my actual Jul 23rd date anywhere.

When I posted this on , posters suggested that there is a "Receipt Notice" versus a "Transfer Notice".

My lawyer received the receipt notice. Will check with him about the Receipt date on that notice and post later today.

Any other ideas what this all means would be appreciated.

Seems like a ping pong ball being hit from one center to another with no result
:(

Let me gather all the info first and I can disclose everything here. Meanwhile please come up with any other suggestions if any.

Are you planning to take action against attorney as well?
Even though it may not be illegal for him to not to respond to you, but it clearly proves that attorney is aware, that your life is being screwed by not filing 485.

I am sure there exists some ethical responsbilities for them too, Did you check with the Bar association helpdesk (or anyone there) where your attorney is registered?

Also, please post attorney's details also whenever you think its time to disclose

:cool:

1. contact all your IV friends
2. contact all your friends in the USA (whether or not waiting for GC)
3. talk to your neighbors in your apartment community
4. hand out bills that describe this action item (We need a poster for this purpose)

In each & every case, offer (as the last option) canned letter format to be filled out and signed... you then photocopy it and mail it!

To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field... (Introduced in House)

HR 6039 IH

110th CONGRESS

2d Session

H. R. 6039

To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.

IN THE HOUSE OF REPRESENTATIVES

May 13, 2008

Ms. ZOE LOFGREN of California (for herself, Mr. CANNON, Mr. CONYERS, Mr. CARTER, Mr. GEORGE MILLER of California, Mr. SHADEGG, Mr. HONDA, Mr. TOM DAVIS of Virginia, Ms. ESHOO, Mr. GILCHREST, Mr. KENNEDY, Mr. REICHERT, Mr. CAPUANO, Mrs. MALONEY of New York, Mr. CROWLEY, Mrs. TAUSCHER, Mr. SMITH of Washington, Mr. MCDERMOTT, Ms. LORETTA SANCHEZ of California, and Ms. LINDA T. SANCHEZ of California) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. UNITED STATES EDUCATED IMMIGRANTS.

(a) Aliens Not Subject to Direct Numerical Limitations- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

`(F) Aliens who have earned a master's or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) in a field of science, technology, engineering, or mathematics and who have an offer of employment from a United States employer in a field related to such degree.'.

(b) Procedure for Granting Immigrant Status- Section 204(a)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(F)) is amended--

(1) by striking `or' after `203(b)(2)';

(2) by inserting `, or 201(b)(1)(F)' after `203(b)(3)'; and

(3) by striking `Attorney General' and inserting `Secretary of Homeland Security'.

This will be a catch 22 situation. If they retrogress to 2004, then how would they know to process the 485 application based on PD. They will keep on processing the 485 based on RD. If they see some PD of 2004 or earlier, they will approve else they will continue the 485 processing.



Come on now, you may not have of heard of it, but I am sure USCIS has heard about databases. While I am no database guy, but I am sure something to the tune of

SELECT * from BLEEPED_UP_TABLE where PD <= CURRENT_PD and STATUS = "Still hanging on" will get them the cases that they need to work on.

Guys - why is the Hike in immigration fees conciding with strong opposition to funding of the Iraq War.....These funds may well go to Iraq....as Bush is not able to garner support for additional funding from congress.

I do not think they can use it for IRAQ. But in the past, when INS was one Department, they have used it for border control and all for deporting illegals and all other such activities.

I see your point, I would still prefer browsing and having migranes than paying attention and doing all that the wife says (Impossible exists in one placec for sure-just try doing what she tells you for once:D)

It is not about you browsing on this forum continously..it is about you not paying attention to your wife continoulsy.:D:D

Even if there would no IV..wife will tell you the same for some other stuff you are following vigourously.