bfadlia
03-25 04:14 PM
All these requirements are Position Specific. Before publishing externally, most companies (HR) decides the policy first for an example to which kind of person they will hire for this position like " We will not consider H1 for this position" seeing the "Critical and essential need of "blah " blah"..." And they then follow it. So it may happen that one person gets an answer " We do not consider EAD holder for this position.." and next month you may meet somebody (EAD Holder) working for that company on EAD but for different position as company made apolicy to hire EAD holder for that particular kind of position.
makes sense, parallel to saying x job only available for phd holders, y job for masters
but that's legal because a job can benefit from the skills of a phd holder, while in our case of EAD vs GC or Citizenship the employer gets no benefit, it's just his arbitrary will, that what made it illeagal
makes sense, parallel to saying x job only available for phd holders, y job for masters
but that's legal because a job can benefit from the skills of a phd holder, while in our case of EAD vs GC or Citizenship the employer gets no benefit, it's just his arbitrary will, that what made it illeagal
wallpaper Fish Bowl : goldfish fish
BharatPremi
09-24 01:34 PM
[QUOTE=eyeswe;960064]I asked this question several times on all the threads that are discussing the new USCIS data, but no one seems to be answering this, but I think it is important to make sure this wrinkle is sorted out...
When they say inventory of 485 apps.. by any chance does it mean only the 485 that has been pre-adjudicated? I wish that was not the case.. but these numbers are too small to believe otherwise.. I hope one of the doctors in USCIS VB Theory (and I know there are a whole lot of them here on this forum) can sort this doubt quickly by throwing some nice logic.. But I would like to hear that so I am convinced with the quality of thi spread sheet.
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Agreed. These numbers do not seem to be real load. At the time of July Fiasco as per USCIS's own notification total more than 250000 EB based 485 were filed and more than 350000 family based 485 were filed.I am quoting this based on memory so it may be possible that this quot is not 11% accurate may have some variation at that time but it is not completely wrong.
When they say inventory of 485 apps.. by any chance does it mean only the 485 that has been pre-adjudicated? I wish that was not the case.. but these numbers are too small to believe otherwise.. I hope one of the doctors in USCIS VB Theory (and I know there are a whole lot of them here on this forum) can sort this doubt quickly by throwing some nice logic.. But I would like to hear that so I am convinced with the quality of thi spread sheet.
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Agreed. These numbers do not seem to be real load. At the time of July Fiasco as per USCIS's own notification total more than 250000 EB based 485 were filed and more than 350000 family based 485 were filed.I am quoting this based on memory so it may be possible that this quot is not 11% accurate may have some variation at that time but it is not completely wrong.
lotsofspace
01-10 02:05 PM
That is naive... AC21 is not an administrative decision of USCIS... It is a law... AC21 = American Competitiveness in the 21st Century act!! It was passed by congress and the only body that can revoke it is congress.
USCIS cannot revoke AC21.. only congress can. Please dont be paranoid. The most USCIS can do is refuse to change their current stance on same/similar job.
Gurus, correct me if I am wrong.
I know that is ACT. But USCIS can interpret the provisions and make adjustments like what we are requesting. Similarly it can , IF THEY WANT TO, include a provision saying the job not only need to be in similar field, but it shall be in the same labor market because that is where you got your labor. I am not saying this is going to happen just because IVs effort.
If the intent of the similar job requirement is not to hurt the local talent because that is that job that is advertised for, the restriction of the same labor market will serve the same purpose.
That is a legitimate doubt and concern for some.
IV has not done anything that could have a negative impact on your green card processing. IV is striving hard to change your lives.
Shame on those who are scared or pessimistic. All you people do is to gaze at the sky and wait for the stars to fall.
If you are so scared - how will u raise your children? What will u teach them? Cowardice? Will U teach them to run away from issues? Will u teach them how to not cooperate?
Chandu, I have great respect for your enthusiasm , but why do you have to be so hostile to a person that does not seem to think the way you are thinking. Different people react differently for the same news. I am not sure your rant has any back ground with any other post by the people you are pissed off about ;)
I thought pappu said these points have already been discussed with administration, and we are running this campaign because there have been positive signals.
Lets rest our fears and trust the fixes and do our parts in this.
And the above answers concerns some may have and shuts them up. Shouting at them definitely will not help any body's cause. What has getting a GC to do with how you raise your children ?
Since when this immigration is a BIG issue in USA...... remember the BIG Rally ?? Some of the efforts with positive intentions may have a negative consequences in the short term or a long term.
USCIS cannot revoke AC21.. only congress can. Please dont be paranoid. The most USCIS can do is refuse to change their current stance on same/similar job.
Gurus, correct me if I am wrong.
I know that is ACT. But USCIS can interpret the provisions and make adjustments like what we are requesting. Similarly it can , IF THEY WANT TO, include a provision saying the job not only need to be in similar field, but it shall be in the same labor market because that is where you got your labor. I am not saying this is going to happen just because IVs effort.
If the intent of the similar job requirement is not to hurt the local talent because that is that job that is advertised for, the restriction of the same labor market will serve the same purpose.
That is a legitimate doubt and concern for some.
IV has not done anything that could have a negative impact on your green card processing. IV is striving hard to change your lives.
Shame on those who are scared or pessimistic. All you people do is to gaze at the sky and wait for the stars to fall.
If you are so scared - how will u raise your children? What will u teach them? Cowardice? Will U teach them to run away from issues? Will u teach them how to not cooperate?
Chandu, I have great respect for your enthusiasm , but why do you have to be so hostile to a person that does not seem to think the way you are thinking. Different people react differently for the same news. I am not sure your rant has any back ground with any other post by the people you are pissed off about ;)
I thought pappu said these points have already been discussed with administration, and we are running this campaign because there have been positive signals.
Lets rest our fears and trust the fixes and do our parts in this.
And the above answers concerns some may have and shuts them up. Shouting at them definitely will not help any body's cause. What has getting a GC to do with how you raise your children ?
Since when this immigration is a BIG issue in USA...... remember the BIG Rally ?? Some of the efforts with positive intentions may have a negative consequences in the short term or a long term.
2011 aquarium or goldfish bowl
nrk
10-01 10:56 AM
Two of my colleagues on Nov 04 and Dec 04 didn't cleared out till.
I don't think so they are on IV, but they will use 6 cards (1+1 in one case and 1+3 in another case)
Since 2004 EB2 is cleared, I am seeing less number of posts being made on IV.Yay I became a senior member, will that mean I will get a green card?
I don't think so they are on IV, but they will use 6 cards (1+1 in one case and 1+3 in another case)
Since 2004 EB2 is cleared, I am seeing less number of posts being made on IV.Yay I became a senior member, will that mean I will get a green card?
more...
nosightofgc
01-24 01:11 PM
Flying through Asian Countires is not an option for people residing in East Coast. I am travelling to India in the next week Via Amsterdam. I am told by the consulate that we do not need Transit Visas. My H1B Visa is expired and I am travelling on AP. Did any one hear differently?
Thanks
Thanks
mallu
09-15 01:09 AM
Why they need name check when they have finger print? Name can be change any time where as finger print cant be.
It is easier to obtain names than finger prints.
It is easier to obtain names than finger prints.
more...
reddyram
08-18 11:31 PM
my case got approved few days ago . CPO , P Decision Acitivty etc still expected.
2010 girlfriend Goldfish bowl
mohican
01-05 04:16 PM
Nothing significant--still waiting for the denial letter. My attorney rcvd receipt stating that a copy has been sent.
I was lucky to negotiate infopass appointment on the spot. They can not tell the reason until they get the file from TX. They have requested that and it will take 3 weeks.
I also got to know that since I had changed addresses and files for AR11 in 2004, my I485 does not have my new address. This is per infopass. Not sure whom to believe since after filing for AR11 in Oct 2004 (changed from apt to house), I called in Jan 2005 and asked to verify my address on record as well as address on I485--i was confirmed about my new address. Also, I have been correspondence on my changed address, receipts, letters and finger print notices. Does any one ever get confirmation in writing after submitting AR11?
Mohican
I was lucky to negotiate infopass appointment on the spot. They can not tell the reason until they get the file from TX. They have requested that and it will take 3 weeks.
I also got to know that since I had changed addresses and files for AR11 in 2004, my I485 does not have my new address. This is per infopass. Not sure whom to believe since after filing for AR11 in Oct 2004 (changed from apt to house), I called in Jan 2005 and asked to verify my address on record as well as address on I485--i was confirmed about my new address. Also, I have been correspondence on my changed address, receipts, letters and finger print notices. Does any one ever get confirmation in writing after submitting AR11?
Mohican
more...
meraNumberKabAayega
03-31 12:49 PM
As per my understanding it seems that these 12000 visas are coming from the first 6 months of the EB1 under usage only and there is a good change that we might get another 8000 to 10000 EB1 visas fall down to EB2 in next 2 quarters. Please correct me if my assumption is not correct.
hair 77cm Aquarium Decoration
whitecollarslave
03-25 03:24 PM
Here is the text that is in the I-9 Form:
"Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination."
"Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination."
more...
feedfront
09-13 09:38 PM
Sept 11 was saturday. How did it change to 'decision'? :confused:
Anyway, Good luck! Hope you will get card by this weekend.
Anyway, Good luck! Hope you will get card by this weekend.
hot aquarium or goldfish bowl
appas123
08-12 05:45 PM
I have sent an email to CISOmbudsman.Publicaffairs@dhs.gov and they responded with the following email content.
Dear Sir/Madam:
Thank you for contacting the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S. Department of Homeland Security (DHS).
In order to review your case you must complete and sign the Form DHS 7001. The form can be found on our website at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman).
We are attaching the form for your convenience. You may submit your form via-email as an attachment. In addition, please send a copy of I-140 approval notice. If you have an attorney please complete and sign Form G-28 as well.
We appreciate your email and look forward to reviewing your case.
Sincerely,
Office of the CIS Ombudsman
so I need to send DHS-7001 form and I-140 approval notice.
I have one more question too, Should I send G-28 form also.
Please give me some suggestions on this.
Thanks in advance
I did not send G-28 even though I have an attorney. I think that part is only if you want them to respond to your attorney rather than yourself.
Here are the answers to line numbers 10, 11, etc...
10 - Choose (b) and (iv) within (b)
11 - Choose (b)
13 - I chose (b) and (c) since I had done both of those things. You should choose accordingly.
14 - I left this one blank because I did not want to involve the attorney
15 and 16 - Just write your name and sign. Make all family members do this to avoid separate forms for each
17 - Leave this one blank once again because it is only if you want them to respond to your attorney.
Dear Sir/Madam:
Thank you for contacting the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S. Department of Homeland Security (DHS).
In order to review your case you must complete and sign the Form DHS 7001. The form can be found on our website at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman).
We are attaching the form for your convenience. You may submit your form via-email as an attachment. In addition, please send a copy of I-140 approval notice. If you have an attorney please complete and sign Form G-28 as well.
We appreciate your email and look forward to reviewing your case.
Sincerely,
Office of the CIS Ombudsman
so I need to send DHS-7001 form and I-140 approval notice.
I have one more question too, Should I send G-28 form also.
Please give me some suggestions on this.
Thanks in advance
I did not send G-28 even though I have an attorney. I think that part is only if you want them to respond to your attorney rather than yourself.
Here are the answers to line numbers 10, 11, etc...
10 - Choose (b) and (iv) within (b)
11 - Choose (b)
13 - I chose (b) and (c) since I had done both of those things. You should choose accordingly.
14 - I left this one blank because I did not want to involve the attorney
15 and 16 - Just write your name and sign. Make all family members do this to avoid separate forms for each
17 - Leave this one blank once again because it is only if you want them to respond to your attorney.
more...
house Goldfish Bowl Centrepiece
singhv_1980
02-04 05:40 PM
Today 23rd day..and still waiting for PP..
H1B renewal at New Delhi embassy..
singhv, are you also waiting for your pp ?? what is your case and status ?
I am going for visa interview in Feb end. It will be in Delhi consulate. This will be my first stamping. My H1B was approved Oct 06 from Vermont service center. My impression was that it is taking 2 weeks on an average..but you have crossed that time limit. Good Luck Buddy! ..keep us posted...
H1B renewal at New Delhi embassy..
singhv, are you also waiting for your pp ?? what is your case and status ?
I am going for visa interview in Feb end. It will be in Delhi consulate. This will be my first stamping. My H1B was approved Oct 06 from Vermont service center. My impression was that it is taking 2 weeks on an average..but you have crossed that time limit. Good Luck Buddy! ..keep us posted...
tattoo goldfish tank. girlfriend
nomad
07-12 02:22 AM
http://www.sacbee.com/110/story/262484.html
Editorial: Green card fiasco
Stop mistreating those who play by rules
-
Published 12:00 am PDT Monday, July 9, 2007
If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.
But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.
This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.
Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them.
As Los Angeles immigration attorney Carl Shusterman said last Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas."
Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system."
This is no way to treat people who try to play by the rules.
The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost.
In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.
It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.
In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point?
In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.
--------------------------------------------------------------------------------
Editorial: Green card fiasco
Stop mistreating those who play by rules
-
Published 12:00 am PDT Monday, July 9, 2007
If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.
But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.
This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.
Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them.
As Los Angeles immigration attorney Carl Shusterman said last Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas."
Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system."
This is no way to treat people who try to play by the rules.
The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost.
In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.
It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.
In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point?
In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.
--------------------------------------------------------------------------------
more...
pictures out a goldfish bowl,
laborlabor
01-19 10:54 AM
Any member from IIT Bombay, please contact me ASAP.
We have a very important lead to work with.
Is this forum only for people from IIT who are stuck in labor... ...wonder why would that be the case.
We have a very important lead to work with.
Is this forum only for people from IIT who are stuck in labor... ...wonder why would that be the case.
dresses We set this decoration on the
amitjoey
09-13 05:07 PM
I have a quick question, Some of you had an older EB3 pd active, filed 485 and then either ported or have used a newer EB2 and gotten approved and Greened.
Now, knowing USCIS uses outdated software, the question is are these people that are greened, taken out from the so called "queque" for EB3?. And then hopefully the line gets shorter for EB3s?.
Now, knowing USCIS uses outdated software, the question is are these people that are greened, taken out from the so called "queque" for EB3?. And then hopefully the line gets shorter for EB3s?.
more...
makeup Goldfish Bowl, Martini Glasses
rajenk
01-08 12:53 PM
I will be handwriting the letter tonight and will be sent in a day or two.
Also had asked 3 of my colleagues to write a letter.
Way to go IV. I am already seeing this as a successful action.
Also had asked 3 of my colleagues to write a letter.
Way to go IV. I am already seeing this as a successful action.
girlfriend Lyrics offers the same long faces in beckys honor, i have Goldfish+owl
ArunAntonio
07-09 06:32 PM
Well, Not too bad, it has been acknowledged and now will definitely be picked up by the press as the flowers will be forwarded to injured service members at the Walter Reed Army Medical Center and at Bethesda Naval Hospital.
Please add this in the email you are sending to the reporters. This certainly has the elements of a good story.
-- AA
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
Please add this in the email you are sending to the reporters. This certainly has the elements of a good story.
-- AA
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
hairstyles goldfish bowl style vase.
pappu
08-04 06:38 PM
http://triceiver.com/USCIS_Background_Security_Check_Immigration.aspx
USCIS Background Security Checks
Copyright � Triceiver.com
The United States Citizenship and Immigration Services (USCIS) conducts security checks on all applicants seeking immigration benefit. Both green card and citizenship applications are subject to such scrutiny. Regardless of whether you file I-485 or seek Consular Processing, employment or family based, your case will not be approved unless several levels of background checks have been cleared.
However, there are currently a vast number of applications stuck in this process, waiting from months to several years. This has created tremendous anxiety among people affected, largely due to concerns over an unknown future and the lack of communications offered by authorities.
Since 2002, USCIS has increased the number and scope of background checks. There are typically three types of investigations, but USCIS may conduct other reviews if necessary.
IBIS Name Check
According to USCIS, “The Interagency Border Inspection System (IBIS) … 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.” It is usually a rather quick process, as USCIS can access information from these multiple government agencies electronically. The result is usually available immediately. However, it is not uncommon for this process to take several months as reported by the immigration community.
FBI Fingerprint Check
After submitting an immigration petition, the applicant will receive a fingerprint notice. The applicant is required to go to a nearby USCIS facility and have fingerprints, signature and photo taken. The information is then transmitted to the FBI to check for any criminal records. This is another quick process, and result is usually sent back to the USCIS within 24 - 48 hours.
However, if one’s fingerprint matches a record, the FBI will forward an electronic copy of the criminal history (RAP sheet) to USCIS. An immigration officer will then review the information to see what effects it may have on the particular case. In case of previous arrests or charges, it is important to consult an attorney to ensure the accuracy of information in I-485 Adjust of Status applications.
The USCIS finger print notices will contain a code number, which represents what information is to be collected:
Code 1: 10 fingerprints
Code 2: Thumb finger print, photo and signature
Code 3: 10 fingerprints, photo and signature (code 1 + code 2)
Do not miss the fingerprint appointment. If you can’t make it, call the phone number in the notice to reschedule. If you didn’t receive the notice and got a Notice of Intent to Deny (NOID), respond before the deadline to explain your situation. Sometimes you may want to do the fingerprints early, and most service centers will allow walk-in if they are not busy. But make sure you bring the notice, which will be stamped and given back to you as a receipt.
The USCIS may request a second or third fingerprint appointment during the I485 process. The reason is that fingerprint results do expire, and USCIS still lose or misplace files. It is not uncommon for an applicant to do a code 3 fingerprint check, then just a few months later asked to do another one. Sometimes the last fingerprint check is mainly for supplying a digital photo in order to produce the green card; unfortunately this is not always the case.
Fingerprint checks are performed by the FBI's Criminal Justice Information Services (CJIS) in West Virginia. Our "How to contact USCIS and FBI" page lists their main phone number, but it is only useful to check whether FP was completed (not the actual results). Also note that fingerprint check is totally different from the FBI name check discussed below.
FBI Name Check
The FBI name check has been the source of most delays in the background check process. It is often confused with fingerprint check, but in fact is a completely different process. The FBI compares an applicant’s name, as well as variations and fragments of the name, against a large collection of “administrative, applicant, criminal, personnel and other files compiled by law enforcement.” The USCIS Fact Sheet reported that 80% of inquiries found no match and initial responses take about 2 weeks to receive from the FBI. Most of the remaining 20% cases are resolved within six months, and only less than 1% of cases take longer than six months complete FBI name check.
However, despite the small percentage, the total number of cases delayed by name check is still significant. According to USCIS Ombudsman’s 2006 annual report, “as of May 2006, USCIS reported 235,802 FBI name checks pending, with approximately 65 percent (153,166) of those cases pending more than 90 days and approximately 35 percent (82,824) pending more than one year.” The 2007 report released in June showed similar percentages, but the total number was even more daunting: 106,738 cases have been pending for more than one year. The Ombudsman also pointed out that:
“FBI name checks….significantly delay adjudication of immigration benefits for many customers, hinder backlog reductions efforts, and may not achieve their intended national security objectives.” and
“Stakeholder organizations and USCIS personnel across the country also regularly raise the issue of FBI name check delays as the most pervasive problem preventing completion of cases.”
Although some cases, such as EAD, AP and I-140, don't require FBI name check before approval, all green card applications (mostly I-485) must go through this process. And that is what people concern the most. So for this reason we will be discussing FBI name check separately on the next page.
USCIS Background Security Checks
Copyright � Triceiver.com
The United States Citizenship and Immigration Services (USCIS) conducts security checks on all applicants seeking immigration benefit. Both green card and citizenship applications are subject to such scrutiny. Regardless of whether you file I-485 or seek Consular Processing, employment or family based, your case will not be approved unless several levels of background checks have been cleared.
However, there are currently a vast number of applications stuck in this process, waiting from months to several years. This has created tremendous anxiety among people affected, largely due to concerns over an unknown future and the lack of communications offered by authorities.
Since 2002, USCIS has increased the number and scope of background checks. There are typically three types of investigations, but USCIS may conduct other reviews if necessary.
IBIS Name Check
According to USCIS, “The Interagency Border Inspection System (IBIS) … 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.” It is usually a rather quick process, as USCIS can access information from these multiple government agencies electronically. The result is usually available immediately. However, it is not uncommon for this process to take several months as reported by the immigration community.
FBI Fingerprint Check
After submitting an immigration petition, the applicant will receive a fingerprint notice. The applicant is required to go to a nearby USCIS facility and have fingerprints, signature and photo taken. The information is then transmitted to the FBI to check for any criminal records. This is another quick process, and result is usually sent back to the USCIS within 24 - 48 hours.
However, if one’s fingerprint matches a record, the FBI will forward an electronic copy of the criminal history (RAP sheet) to USCIS. An immigration officer will then review the information to see what effects it may have on the particular case. In case of previous arrests or charges, it is important to consult an attorney to ensure the accuracy of information in I-485 Adjust of Status applications.
The USCIS finger print notices will contain a code number, which represents what information is to be collected:
Code 1: 10 fingerprints
Code 2: Thumb finger print, photo and signature
Code 3: 10 fingerprints, photo and signature (code 1 + code 2)
Do not miss the fingerprint appointment. If you can’t make it, call the phone number in the notice to reschedule. If you didn’t receive the notice and got a Notice of Intent to Deny (NOID), respond before the deadline to explain your situation. Sometimes you may want to do the fingerprints early, and most service centers will allow walk-in if they are not busy. But make sure you bring the notice, which will be stamped and given back to you as a receipt.
The USCIS may request a second or third fingerprint appointment during the I485 process. The reason is that fingerprint results do expire, and USCIS still lose or misplace files. It is not uncommon for an applicant to do a code 3 fingerprint check, then just a few months later asked to do another one. Sometimes the last fingerprint check is mainly for supplying a digital photo in order to produce the green card; unfortunately this is not always the case.
Fingerprint checks are performed by the FBI's Criminal Justice Information Services (CJIS) in West Virginia. Our "How to contact USCIS and FBI" page lists their main phone number, but it is only useful to check whether FP was completed (not the actual results). Also note that fingerprint check is totally different from the FBI name check discussed below.
FBI Name Check
The FBI name check has been the source of most delays in the background check process. It is often confused with fingerprint check, but in fact is a completely different process. The FBI compares an applicant’s name, as well as variations and fragments of the name, against a large collection of “administrative, applicant, criminal, personnel and other files compiled by law enforcement.” The USCIS Fact Sheet reported that 80% of inquiries found no match and initial responses take about 2 weeks to receive from the FBI. Most of the remaining 20% cases are resolved within six months, and only less than 1% of cases take longer than six months complete FBI name check.
However, despite the small percentage, the total number of cases delayed by name check is still significant. According to USCIS Ombudsman’s 2006 annual report, “as of May 2006, USCIS reported 235,802 FBI name checks pending, with approximately 65 percent (153,166) of those cases pending more than 90 days and approximately 35 percent (82,824) pending more than one year.” The 2007 report released in June showed similar percentages, but the total number was even more daunting: 106,738 cases have been pending for more than one year. The Ombudsman also pointed out that:
“FBI name checks….significantly delay adjudication of immigration benefits for many customers, hinder backlog reductions efforts, and may not achieve their intended national security objectives.” and
“Stakeholder organizations and USCIS personnel across the country also regularly raise the issue of FBI name check delays as the most pervasive problem preventing completion of cases.”
Although some cases, such as EAD, AP and I-140, don't require FBI name check before approval, all green card applications (mostly I-485) must go through this process. And that is what people concern the most. So for this reason we will be discussing FBI name check separately on the next page.
saatiish
09-10 07:17 PM
I see soft LUD on my 485 today, but the status has not changed. I had an interview in Jan 2009 and at the end of interview the IO told me that he could not approve my case as it was not current. So I believe my case is pre-adjudicated?
Someone in the same boat? Hopefully the approval e-mail comes in the next few hours or next week. <<fingers crossed>>
Do you get emails when you get soft LUDs ?
Someone in the same boat? Hopefully the approval e-mail comes in the next few hours or next week. <<fingers crossed>>
Do you get emails when you get soft LUDs ?
madhuvj
08-21 11:14 AM
I dont think there is any issue with the way CIS allocates Visa. They clearly have specific definition and reservation when it comes to VISA categories. If you look in that aspect, EB1 comes first then EB2 and EB3. But this is very specific to VISA Category and does not mean the individuals. So If some one, who qualifies for EB2, but for some reason, he applies for Visa under EB3, it is not the fault of the system, it is the fault of the Individual. This includes me, since Iam May 2003, EB3-I. I do qualify for EB2. So I cant crib. If i want, I can change company and file EB2, for which I think, I am qualified or not apply under EB3 knowing the consequences until I find some one who can file my GC in EB2. When I file my GC under EB3, then in true terms, Iam degrading my self and i should face the consequences. Does it not make sense. So, I suggest work towards the immigration bill and try to make calls to get HR.5882 passed, Otherwise, I dont see any future for EB3. May be EB2 is better than EB3 in true definition, but that does not mean EB2 folks are better in anyway than EB3 folks. Hope u all agree.
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