fullerene
06-12 10:15 PM
I don't think the senator version of CIR will be passed at the house so I hope CIR fails completely. So senators can move ahead to vote provisions separately in favor of EB and H1 applicants.
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axp817
01-30 01:31 PM
Sorry to hear about your plight, what do you plan to do if the RFE is for employment verification?
Please do keep us updated, it will help other members in similar situations out, and you might find some useful advice as well.
Good luck.
Please do keep us updated, it will help other members in similar situations out, and you might find some useful advice as well.
Good luck.
greyhair
06-10 07:30 PM
For whatever reason, rumors are flying all over the Internet that the end of H1B and EAD employment authorization is at hand. This is complete nonsense. The purported basis for these rumors is an amendment offered in the Senate (S. Amdt. 4319) to a tax bill previously passed by the House (HR 4213). As written, this proposal would prohibit companies from filing H1B petitions if the company has laid off any employees in the last year. It would also void all existing H petitions for a company if the company lays off personnel.
Let's put this in context. Microsoft decides to lay off some of its loading dock personnel because they want to outsource that work. Under this proposal, they would then have to terminate all of their H1B engineers. That simply doesn't pass the laugh test.
Like most of Grassley's proposals, this amendment is pure idiocy. I suppose that's what happens when your parents are siblings. This bill has absolutely no chance of ever becoming law. .
It is unwise to be too sure of one's own wisdom. Pandering to the client base will not help the clients, it will only help the service provider.
Let's put this in context. Microsoft decides to lay off some of its loading dock personnel because they want to outsource that work. Under this proposal, they would then have to terminate all of their H1B engineers. That simply doesn't pass the laugh test.
Like most of Grassley's proposals, this amendment is pure idiocy. I suppose that's what happens when your parents are siblings. This bill has absolutely no chance of ever becoming law. .
It is unwise to be too sure of one's own wisdom. Pandering to the client base will not help the clients, it will only help the service provider.
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ajthakur
07-14 05:07 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
more...
shana04
04-23 10:03 PM
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Congrats, you deserve it.
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Congrats, you deserve it.
jerez_z
03-12 08:41 PM
It was a hard choice between Thirdworldman and Eilsoe... I had to go with Third cause his lighting was cool, and the setup was nice.
more...
abhathakur
03-08 11:30 PM
The last time I managed to ping an admin assistant level person at the Records and Information Dissemination Section at FBI that is responsible for NNCP, she said the analysts were looking at the 2002/2003 files and this was when I called in November 2005 (No amount of cajoling or pleading or trickery would make her say a word beyond that, very intimidating the female!!!). I am not sure if the 2002/2003 was a reference to the receipt date or the priority date, my guess is it must have been the receipt date of the I-485 application.
Considering the receipt date of my application is in Nov., 2004...it is going to be a wait and the India EB-2 Visa availability in the interim for my PD can pretty much oscillate from being available to not and back and I'll still be waiting!!!
Anyway, it was good to know through a privacy act request to the FOIA division of the FBI that the index check in their central name check database produced no hits for me.....now if their NNCP bretheren would come to the same conclusion SOON, that would be something!!! By the way, I spoke with the FOIA liasion at the FBI and he did say that the NNCP department was in the process of making status inquiry possible again...dunno how long thats gonna take though!
On a different note, have made my second contribution to IV and have inspired an impacted friend to do the same and have exhorted others to make a contribution as well....my reason for aligning with IV, I like to fight the right fight not just because it is my fight right now.
Considering the receipt date of my application is in Nov., 2004...it is going to be a wait and the India EB-2 Visa availability in the interim for my PD can pretty much oscillate from being available to not and back and I'll still be waiting!!!
Anyway, it was good to know through a privacy act request to the FOIA division of the FBI that the index check in their central name check database produced no hits for me.....now if their NNCP bretheren would come to the same conclusion SOON, that would be something!!! By the way, I spoke with the FOIA liasion at the FBI and he did say that the NNCP department was in the process of making status inquiry possible again...dunno how long thats gonna take though!
On a different note, have made my second contribution to IV and have inspired an impacted friend to do the same and have exhorted others to make a contribution as well....my reason for aligning with IV, I like to fight the right fight not just because it is my fight right now.
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sat0207
04-27 09:23 AM
Immigration Security Checks
�How and Why the Process Works
Background All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin. USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases. Why USCIS Conducts Security Checks USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.
To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:
� The Interagency Border Inspection System (IBIS)
Name Check� IBIS is a multiagency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.
� FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.
� FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved. For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or evenseveral years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.
�How and Why the Process Works
Background All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin. USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases. Why USCIS Conducts Security Checks USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.
To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:
� The Interagency Border Inspection System (IBIS)
Name Check� IBIS is a multiagency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.
� FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.
� FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved. For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or evenseveral years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.
more...
kumar4875
03-15 08:40 AM
Hi ,
I am looking for carpool who is driving from Baltimore area.
I live on 18 exit on 83 north.
will be driving via 83 south/695/95south/
any one in this route please email me.
I am looking for carpool who is driving from Baltimore area.
I live on 18 exit on 83 north.
will be driving via 83 south/695/95south/
any one in this route please email me.
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gc_chahiye
09-24 01:11 PM
Hi,
I have a EAD L2 Based valid till 2009. I havent worked in US till now after getting EAD. Now I have to travel to India for a Month. What will be the procedure to retain my EAD after I come back to US after 30 day.
Please Guide Me
Mahesh
you dont have to do anything. Based on your L2 petition you will get an I-94
valid till 2009. Since your EAD is unexpired, you can continue working once you come back. EAD is authorization to work, completely unrelated to your travel to India and back. What exactly are you worried about?
I have a EAD L2 Based valid till 2009. I havent worked in US till now after getting EAD. Now I have to travel to India for a Month. What will be the procedure to retain my EAD after I come back to US after 30 day.
Please Guide Me
Mahesh
you dont have to do anything. Based on your L2 petition you will get an I-94
valid till 2009. Since your EAD is unexpired, you can continue working once you come back. EAD is authorization to work, completely unrelated to your travel to India and back. What exactly are you worried about?
more...
sukhwinderd
02-17 09:49 PM
here is a report which says there are more than 300,000 GC visa numbers were unused.
go to page 35 or search pdf for recapture to see chart.
from the report
This dialogue is critical considering that when USCIS
and DOS fail to accurately estimate cut-off dates, visas go
unused or are shifted to other family or employment-based
categories. Congress passed legislation permitting the
recapture of some unused visa numbers from previous
years.119 Figure 19 presents data on visa numbers �lost�
between 1992 and 2009 for both employment and family
preference categories.
http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.
go to page 35 or search pdf for recapture to see chart.
from the report
This dialogue is critical considering that when USCIS
and DOS fail to accurately estimate cut-off dates, visas go
unused or are shifted to other family or employment-based
categories. Congress passed legislation permitting the
recapture of some unused visa numbers from previous
years.119 Figure 19 presents data on visa numbers �lost�
between 1992 and 2009 for both employment and family
preference categories.
http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf
recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.
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walker15
09-10 11:55 AM
Do you guys see anything live? I'm just seeing eagle picture in my real player........
more...
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vin13
11-11 05:36 PM
Is there any IV member in DC willing take up this task, while we work on document?
Lets not limit this task for someone who is close to DC. The person close to DC can always represent to visit. But we need support in getting an appointment. Getting an appointment is something that is not limited to only individuals close to DC. Use the help of your congressman to get an appointment or their help to address this issue.
the congressmen have aides who meet their constituents. Department officials need not give appointments to public. So we need some influence to get the appointment. I am meeting my congressman's aide on Nov 20th. But all of us need to do the same. hopefully one or more of us succeed.
We can fine tune the letter in matter of minutes. WE NEED TO WORK ON GETTING THE APPOINTMENT.
Lets not limit this task for someone who is close to DC. The person close to DC can always represent to visit. But we need support in getting an appointment. Getting an appointment is something that is not limited to only individuals close to DC. Use the help of your congressman to get an appointment or their help to address this issue.
the congressmen have aides who meet their constituents. Department officials need not give appointments to public. So we need some influence to get the appointment. I am meeting my congressman's aide on Nov 20th. But all of us need to do the same. hopefully one or more of us succeed.
We can fine tune the letter in matter of minutes. WE NEED TO WORK ON GETTING THE APPOINTMENT.
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abhijitp
07-24 05:20 PM
I have RN since i filed in June.
I deleted my original post since you answered:-) thanks!
This brings up an interesting possibility for me. My first I-140 has been approved over email (awaiting physical receipt), although the Successor in Interest I-140 is pending.
Does the I-140 receipt always contain the A#? I will have to wait to see the physical receipt notice!
I deleted my original post since you answered:-) thanks!
This brings up an interesting possibility for me. My first I-140 has been approved over email (awaiting physical receipt), although the Successor in Interest I-140 is pending.
Does the I-140 receipt always contain the A#? I will have to wait to see the physical receipt notice!
more...
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new_horizon
10-23 12:40 AM
my detailed post went missing:mad: ...dunno why nojoke edited it out :D.
to put it briefly, i never heard anybody hiring a ceo based on his experience of having organized the company picnic (read community organizer to prez :rolleyes:).
to put it briefly, i never heard anybody hiring a ceo based on his experience of having organized the company picnic (read community organizer to prez :rolleyes:).
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prioritydate
12-20 08:52 PM
No worries for you, if you were inadmissible they would not let you back into the country.
I think so. I went in an out of country 4 times. 2 Indian trips and 2 Canadian trips.
I think so. I went in an out of country 4 times. 2 Indian trips and 2 Canadian trips.
more...
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msgrewal81
02-19 08:17 AM
What do you wish? You need gc the moment you enter the country? If anyone who stays 5 years get green card.That is excellent if legal or illegal immigrant. This is apart from 140K regular quota. This will reduce backlog substantially.
Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.
Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.
Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.
Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.
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frostrated
07-13 09:20 AM
when is the next 485 pending inventory report due?
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StarSun
02-23 08:16 AM
Thank you Vin13 and Sukhwinderd for keeping track of the air miles and carpool/hosting details.
Members, please come forward with your generous donations to help fellow members mitigate costs associated with the advocacy efforts.
Members, please come forward with your generous donations to help fellow members mitigate costs associated with the advocacy efforts.
sent
07-24 04:52 AM
My Lawyer says there is no need of such letter to be included and filed my papers and confident about getting that approved. I'm much worried and don't know what to do If gets rejected.
Sent an email to my lawyer again and waiting for his reply.
Any clue How to handle this?
Sent an email to my lawyer again and waiting for his reply.
Any clue How to handle this?
sureshj
06-08 02:18 PM
To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
I could'nt agree with gcdreamer more...
Consider this...
1. FBI, I believe, has 2 rookie analysts dedicated to processing name checks and I heard USCIS pays $25 per name check.
2. FBI has distributed databases in NY, CA, FL, etc. that are not networked. So they have to request name checks individually out of these databases.
3. Name check ranks least in their priority list.
4. FBI has increased their name check criteria from 2 (First name and Last Name) to, I think it is, 7 or 8 (part of the first name, part of the last name and few other combinations). This increases the chances of your name generating "hits" and falling into this blackhole.
In addition to the above FBI (which normally receives ~1.5m name check requests per year) received ~6m in 2003. They are still recovering from that deluge. So now you see what's causing the delay.
For USCIS this works out fine, since they rake in 15% of their annual revenue from EAD/AP renewals. They do not want to mess with this "free money" and reduce the processing time. And to top it all they can transfer the blame on FBI.
In addition, to secure this "money train" USCIS cleverly issued a public memo earlier this year indicating WOM cases will be fought in court. To most this would have seemed like the end of WOM, but it is not. Applicants have since filed and won these cases. However the memo probably had its' desired effect...to discourage a majority of the applicants from filing WOM.
I think USCIS has to be made accountable for the money they earn. The $25/name check is just not sufficient. More funding is necessary so that FBI can allocate more analysts to the job and also upgrade their IT infrastructure. Excuses such as "ball is in FBI's court" is just not acceptable. "Conditional Green card" (as suggested by gcdreamer) is excellant idea to alleviate the problems the "name check" victims face over the ~2 to 4 years they spend in this blackhole.
PS: Just in case you are not aware of Senator Obama's initiative to address this problem here is a link where you can sign-up for whatever it is worth.
http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
I could'nt agree with gcdreamer more...
Consider this...
1. FBI, I believe, has 2 rookie analysts dedicated to processing name checks and I heard USCIS pays $25 per name check.
2. FBI has distributed databases in NY, CA, FL, etc. that are not networked. So they have to request name checks individually out of these databases.
3. Name check ranks least in their priority list.
4. FBI has increased their name check criteria from 2 (First name and Last Name) to, I think it is, 7 or 8 (part of the first name, part of the last name and few other combinations). This increases the chances of your name generating "hits" and falling into this blackhole.
In addition to the above FBI (which normally receives ~1.5m name check requests per year) received ~6m in 2003. They are still recovering from that deluge. So now you see what's causing the delay.
For USCIS this works out fine, since they rake in 15% of their annual revenue from EAD/AP renewals. They do not want to mess with this "free money" and reduce the processing time. And to top it all they can transfer the blame on FBI.
In addition, to secure this "money train" USCIS cleverly issued a public memo earlier this year indicating WOM cases will be fought in court. To most this would have seemed like the end of WOM, but it is not. Applicants have since filed and won these cases. However the memo probably had its' desired effect...to discourage a majority of the applicants from filing WOM.
I think USCIS has to be made accountable for the money they earn. The $25/name check is just not sufficient. More funding is necessary so that FBI can allocate more analysts to the job and also upgrade their IT infrastructure. Excuses such as "ball is in FBI's court" is just not acceptable. "Conditional Green card" (as suggested by gcdreamer) is excellant idea to alleviate the problems the "name check" victims face over the ~2 to 4 years they spend in this blackhole.
PS: Just in case you are not aware of Senator Obama's initiative to address this problem here is a link where you can sign-up for whatever it is worth.
http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1
