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  • lazycis
    02-28 01:49 PM
    Can you please let us know the URL for the latest name check FAQ posted today.

    http://boards.immigrationportal.com/attachment.php?attachmentid=17312&d=1204204596


    Questions & Answers
    BACKGROUND CHECK POLICY UPDATE
    Q1. What applications are affected by this policy change?
    A1. Applications included in this policy are:
    • I-485, Application to Register Permanent Residence or Adjust Status;
    • I-601, Application for Waiver of Ground of Inadmissibility;
    • I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
    • I-698, Application to Adjust from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).

    Q2. How has USCIS changed its national security requirements?
    A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)

    Q3. How has USCIS changed its adjudications requirements?
    A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
    (more)

    Q4. What happens if USCIS later receives adverse information from an FBI name check?
    A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
    Q5. Why is this policy being implemented?

    A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.

    Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
    A6. Yes. Applications for lawful permanent residence will not be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable adverse information after the application is approved, removal proceedings may be initiated.

    Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
    A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.

    Q8. Does this policy change affect naturalization applications?
    A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).

    Q9. How long will it take for USCIS to work through the cases affected by the policy change?
    A9. USCIS has begun identifying cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
    (more)

    Q10. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?
    A10. No.

    Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
    A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)

    Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
    A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
    – USCIS –





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  • nozerd
    01-18 09:22 AM
    I think it meand one of 2 things

    1) There may be sopme qnquiry telephone number or email available only to lawyers
    2) They will work through the AILA liason at TSC. I believe AILA has a liason with that office who can directly bring these up with higher ups involved. Non AILA members wouldnt have office.





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  • new_horizon
    11-04 01:13 PM
    He's a full blown liberal both fiscally and socially.


    President Obama is not just far left.

    He is far too liberal(left) fiscally and far too conservative(right) socially.

    What does that say ? No relief for us from him, we should look forward for someone else to help us.





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  • transpass
    08-07 07:21 PM
    Can you back date your marriage during marriage registration?

    Dude,

    A difficult option though since ur marriage is already scheduled...

    Maybe she can apply for F-1 visa first, then get married...Let her come to US on F-1 and then get married here in local county...But it's tedious and lengthy process though, apart from the heartburn ur gonna give to many back home by postponing ur already fixed marriage...

    Best way to deal with the situation is talk to an immigration lawyer...



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  • chanduv23
    07-10 08:29 AM
    As one of the contents in our rally in DC and SAN JOSE we can mention something like

    CNN/LOU DOBBS LISTEN TO US - DON'T SPREAD FALSE NEWS

    Ifv other media picks this up, CNN may start getting worried and change its course. It is all not about lawsuits or legal, but about truth and how to expose truth.





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  • masti_Gai
    09-15 07:40 AM
    who said that after a GC ppl would settle down for a permanent job. No way
    after GC i need to mint money for my family & enjoy life too. I dont know about others tho. I will settle down in DC Belt area where one can keep gettin consultancy jobs one after the other and make a million. Most of them are Fed jobs for which one needs to have a clearance and for that one needs to have GC.
    we can make a lot of $$$ per hour on such job. Assignments vary from 6 months to 18 months. What more do u want.
    why work two jobs and burn our ass off...
    we need to enjoy ur life too. If we only made money n neva spent it therez no use of it.:eek: :eek:

    I NEED A GREEN CARD PERIOD!!!:) :) :) :)



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  • gc_maine2
    12-28 03:32 PM
    Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.

    Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.

    Thanks
    Sree


    No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

    AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

    You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

    H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

    H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.





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  • softcrowd
    08-05 09:48 PM
    Eb2 - India PD: April 2004
    485 RD: 08/02/2007



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  • Hello_Hello
    10-29 09:16 AM
    It is dark age for immigrants in America. They are just inventing ways to harass people. There shouldn't be a reason to issue EAD or AP in time. They have increased the fees several folds in recent years. They want us to run pillar to post for everything, be it work permit, travel document, driver's license...Just discouraging aliens to live in this country.I am trying to understand the cause for this huge delay to issue either EAD or AP. Could it be due to a large number of I-485 filers in July 2007 that the agency is unable to handle the volume of requests (either for a new one or renewal)?

    Has USCIS come up with any explanation as to why there is lot of delay to issue EAD renewals or new EADs? Could it be the US economy that is causing the drag on the agency?





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  • HumHongeKamiyab
    01-12 01:29 PM
    I have been through your situation twice for my 2 kids who were born in houston, texas.

    First of all, let me tell you its expensive. You are expected to pay about 2500$ to the doctor, about 3500$ to the hospital, 1500$ for epidural (if used) and also about 1000$ as misc. (for ultra sound, x rays etc).. This is a rough estimate and in my opinion it is still better option than paying for a maternity insurance. This is what I found with maternity insurance, you will be paying about 600 to 700$/ month as a premium for almost a year, and even after that, you will end up paying about 20 or 30% of the cost (which is your deductible).

    The complications covered on individual insurance in texas are really not of much help as they only cover catastrophic situations. New borns are usually covered for the 1st month on mom's coverage (for individual insurance).

    Keep in mind, the hospital and doctors office will negotiate with you, if you are making cash payment. You will be surprised to know that, I was told 5000$ for my wifes normal delivery (2 night of stay in hospital) by the hospital near houston texas and finally settled down to 2500$ for my first child (back in 2003). Do some research and find out all the hospitals within 25 miles near you..

    I know its lot of money but in the end you are giving your kids the American citizenship. Do not get hung up on the money you spent, as the baby will give you lot of joy and will thank you for what you did today (Hopefully;-)..

    Hope that helps..

    Thanks,



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  • drirshad
    06-19 02:14 PM
    Go for it, the employer must be getting half of it

    Suckers will die a painful death, go for it no other choice

    I paid almost 12k by now, out of pocket .....





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  • desi_voice
    04-16 03:58 PM
    That is accurate I have done 10+2+1+3

    Hi Aroranuj,

    Its better to consult Education evaluator and your attorney to get better understanding of what to be done.

    Again it depends on Attorney to Attorney, some might differ.



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  • hemya
    08-11 04:10 PM
    I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
    But my question is how risky will it be if I switch job at this stage with EAD?

    Thanks in advance,
    BK

    advisable to use AC21 only if I-140 is approved





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  • swissgear
    10-29 01:36 PM
    I think it all started in 2007. As you guys know there were mass applications filed in 2007 from everyone who were current including EB2/ROW/I/C and EB3 /ROW/I/C.

    AFAIK, close to 1 million applications were filed during this period if you include 485s , EADs and APs and all by all the folks.

    All was fine until this time and then came 2008 where some people who were still on H1 applied for EADs and APs as USCIS started to give EADs for 2 years.

    Then in 2008 there was a new rule put in place stating that there need to be an Employer-Employee relationship for the people working on H1, this has created some kind of panic among employees and employers and people started to invoke EADs left and right thinking it was not safe to continue to be on H1.

    And since then as the economy started to take toll, people were laid off and employers were not willing to transfer H1s as they were too many queries on H1 extensions and transfers. Everyone thought that it was never to be safe to be on H1 and started to invoke EADs either to change for better jobs and people looking for jobs also invoked EADs as it was easier to move..

    Then came Oct 2009 and we saw that not many Labors are getting filed by EB2 ROW applicants and very few employers were filing Labors as the Unemployment was in 2 digits % wise and were not able to convince DOS on non availability of citizen/PRs workers to do same or similar jobs.

    Also most of the Labors were audited and it took close to a year to clear all that backlog before people were eventually approved in EB2-ROW applicants, until we saw July visa bulletin which raised our hopes.Based on the spill over they were supposed to approve close more than 40k EB2 I/C applications in the last 3 months of the year.

    But there was a twist in their understanding. As most of the people who got EADs in 2008 were ripe for renewals(this includes EB-2 ROW/I/C, EB-3 ROW/I/C).And hence applied in mass for their renewals. This caused a huge delay in approving the EAD renewals and you have already heard sad stories about it..

    Out of all this, All I can say is that USCIS was working harder than ever during the past 3-4 months to approve so many cases and hence I assume there is a genuine workload to clear all those cases.

    Based on the approval trends, I think they have already allocated visas to the applicants who were current and started to approve as soon as the case has been looked into unlike what they used to follow of requesting visas after final verification.

    Remember USCIS cannot give an excuse of not utilizing all the visas for the current year and blame on FBI name checks and all , as they had 3 sweet years to adjudicate the applications. And I guess they were under tremendous pressure to approve the cases by Sept 2010 month end.

    Just my Honest Opinion.



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  • pooja_34
    12-21 06:28 PM
    DOES ANYBODY KNOW HOW TO GET IN TOUCH WITH MEERA SHANKAR, Indian Ambassador to US.





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  • svr_76
    03-11 07:28 PM
    Consulate officers and immigration officers at port of entry are two different categories including their education background, training etc...dont compare them. Consulate officers are first line of defence which has to be good at detecting problems.

    I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.

    If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.

    If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....

    If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....

    with me?



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  • h1bmajdoor
    09-03 09:50 AM
    To go one step further on your point, the whole world should have a better understanding and expectation of employment-based immigration to America. When the fact is out, it is really up to the indivdual to make an informed decision without complainting.

    here is the reality:

    you came here thinking they will love you because of your math skills.

    what actually happened: they took all the credit, and 10-15 years of your career without letting you progress.

    we got screwed, plain and simple, by the dreams they showed us. we did not read the fine print. that is why we are half lawyers now.

    make sure you teach your children to read the fine print. and try to gauge the intentions of those who are showing you dreams.

    this is the same country which talked of equality and fraternity of man and then quietly removed colored people from the definition of humans, and legally accepted slavery.





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  • ravi98
    11-05 11:59 AM
    But he doesn't have any voice,,,

    Says who?
    We don't even advocate for anything, just post things on the forum. IV has given us immigrants a platform - many of us don't even know it, let alone using it.

    If we want to stay in this country, we need a president who can take this country progressively to the future instead of "lets take the country back" "this is not the country I grew up in" rhetoric! If this country goes backwards in time while the rest of the world embraces progress - guess what? - No use having a GC here.





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  • god_bless_you
    02-20 06:20 PM
    http://www.aila.org/content/default.aspx?docid=24696





    jb05
    08-19 09:53 AM
    Category:- EB2
    Nationality:- India
    PD:- 07/2004 (TSC)
    I485:-RD-07-27-2007/ND-09/22/2007
    Finger Print check and name check cleared as per infopass officer





    venky08
    12-30 05:24 AM
    i think gc_maine2 has a valid question...especially if you use H1 transfer (6-9 years) for the new employer and not EAD

    i am very curious myself to see how this will work out...any personal opinions please???

    very smart question by the way gc_maine2...:cool:

    Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.

    Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.

    Thanks
    Sree



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