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  • 12/02/2007: News of DHS Plan to Approve Immigration Applications Without FBI Name Check Results After Certain Months Stirs Confusion

    A couple of sources reported lately that DHS was planning to place a cap on the FBI fingerprint check period and should the agency fail to receive the FBI report within certain undisclosed period of time, the agency will proceed with adjudication of pending immigration applications. Reportedly, the information was released at a DHS meeting with the immigration stakeholders but there are no details of information available about the so-called plan of change of course in managing homeland security matter.
    This reminds of the agency's past history in 1998 acting on the backlogs in CIA clearance for over one year causing a huge I-485 backlogs for years and announcing that the INS would adjudicate pending I-485 applications without waiting for the CIA completion of the security clearance on a condition that should the CIA report indicate a negative information, the INS would "revoke" the approved I-485 applications. The people who suffered the most from the lack of coordination betweren the INS and the CIA at the time were Chinese. The INS stop-gap action stirred some political concern and short-lived. The CIA clearance backlogs gradually improved afterwards helping the INS to remove the 485 backlogs over a period of time.
    Such unusual stop-gap action was taken "before" 9/11. Since 9/11, the security and name checks have presented the DHS with a challenging task of balancing betweein securing homeland and reducing clearance time. The FBI name checks have presented a serious problem of backlogs particularly in two areas: One is name check backlogs in the new hires of federal government employees and the other is the immigration backlogs. According to the CIS Ombudsman reports, in 2006 the DHS had about 82,824 backlogs pending more than one year. and in 2007 the number increased to 106,738 cases. Such backlogs induced federal litigations in the form of mandamus actions by the applicants with some successful results. The burden of such litigations on the DHS financial and litigation resources has mounted over the years. In order to deal with the problem, the USCIS one time "informally" handled such problem by approving applications (I-485 and natulalization cases) when the applicants brought mandamus actions in the federal courts. Such action had brought a boom of business for some immigration lawyers rushing to filing of a sort of "massive" mandamus actions. Obviously, this action raised a serious polical outcry for the agency compromising the nation's security by adjudicating applications without the name check results, leading to suspension of the DHS informal policy and a subsequent announcement that the agency would not give any favorable consideration in adjudication of applications where a federal lawsuit was pending.
    The environment of the agency's security management indeed changed before and after 9/11 and the precedent of INS approving I-485 applications without name check results without prejudice to potential revocation of such approved I-485 applications afterwards may not be that easily reintroduced as the agency will have to overcome two hurdles: A political pressure in the upcoming national election and a potential compromise of security. There was a legislative proposal in the Congress in one of the FY 2008 appropriation bills (CJS Appropriation Bill) which mandated the DHS to adjudicate immigration and naturalization applications, should the FBI fail to clear the name checks within six months from the effective date of the legislation. This legislation has yet to be finalized. Please stay tuned.





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  • This is a really good initiative. I appreciate the IV core for taking this up. I have read enough stories from people on Murthy forums. I will ask people on those forums to post their stories first hand on IV forums.





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  • In a way it is always RD, even if it is retrogressed, they process by RD within the eligible cases with some exception scenarios.

    I think when its current then its the I-485 RD. If its retrogressed then your PD is very important.





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  • Jaihind...thats really unethical. Its sad to hear such experiences.
    Although I cant help you...I really wish you good luck.





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  • Also I agree what Logiclife said when it comes to payments..

    I went thru COBRA for the last 2 months I tell you its a PAIN IN THE A##.
    Yeah premiums are very high. due to some gross miscommuniation on the provider they cancelled my COBRA for december since they didnt recieve payment.

    ONce you quit our current job, you will get within 7-10 days details from ur current insurance cpmpany or a third party administrator which ur company uses. They will also send a payment coupon. (not a discount coupon..).

    I hope your new company is paying the COBRA reimbursements for you...if not there is a loop hole in COBRA taht you can use and NOT pay the payments since you will have grace period. HOWEVER please keep in mind that the new insurance with your new company may have some restrictions on pre existing conditions...so keep an eye on that..since its for 30 days you will get on to a new insurance personally I wouldnt care for CBORA if the premiums are too high, why becuase, remember the coverage is RETROACTIVE, so you can get a claim reimbursed later after within the grace period

    references for you

    http://www.tnhis.com/excchangingjobs.htm

    http://stressless.savingadvice.com/2007/09/25/cobra-insurance-loophole_30504/
    (good and clear one above)

    hope this helps and good luck in ur new jobb...remember to hcange the ADDRESS woth you insurance company...





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  • Why is this good news again?





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  • Since the CP guys are in minority here , if IV has to invest for them (read we all have to pay for them ) let us see how much they can contribute for their own provision. Let us see if each one of them contribute more than 500 dollars to IV and posts the paypal number.

    Why should majority allow a provison for some minority who do not even want to first contribute.

    It's not like IV is not addressing their problem with the current mandate. IV seeks to address the retrogression issue. If retrogression is addressed, it will benefit the minority CP filers just as much as the majority 485 filers.

    These two (willwin and tinku) somehow fail to understand that big picture and are only interested in getting IV contributors to pay for their short term interests - all because they made a mistake, got greedy, gambled, thought they can beat the 485 filers to the finish line by going CP... bla-bla-bla.

    Not on my dime.





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  • ICE: "Sham" University, Cover For Illegals - FoxNews.com (http://www.foxnews.com/us/2011/01/28/ice-sham-university-cover-illegals/?test=latestnews)
    Amongst Google video or Y-Tube was a report that TVU in fact ran a pyramid scheme or referral, which very much discounted the fees if there where referrals. Referrals would likely be a close school friend.
    I feel very sad for the tarnish it has caused .Esp the common Indian working there is bound to be looked upon as a fraud case - and he would have nothing to do with this AT ALL,it spoils the prospects and reputation of genuine people be it anyone Telegu or Non ..as long as he is Indian.
    Now all the local regional associations are desperately painting them as scapegoats because if otherwise it will be a big dent to their own rep. And next the Feds will want to go smell fish at any AP run consulting firm . A general fraud impression will be built rapidly around that community.Very unfortunate if that happens. But WHY in the 1st place attempt such a massive fraud ? Bad for all. I just hate it .
    BTW all this 1500 student game is happening when the H1B visa laws are the most restrictive so companies find it imposs to file a fresh H1B but its a lot easier to transit a student from F to H.





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

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

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

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

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

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

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





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  • Medical: $ 400.00
    Lawyer: $3,000.00
    Fedex: $ 100.00
    Documents: $ 20.00
    ===================
    TOTAL: $3,520.00 APR.

    Tension that I have gone through on Friday, Saturday and Sunday: Can't estimate the cost
    Frustration that I am going through since Monday Morning: Can't estimate the cost.

    Please note that I am not counting any cost for taking the time off from work, spending time on collecting documents, phone call made to my parents in india. I am not even thinking the opportunity cost.

    My parents had spent time and money going to the different agencies to get the affidavit and then sending it to me via courier. My parents had cancel their program so that their son and Daoughter in law and son in law and Daughter can get the paper quickly and can send the papers to USCIS.





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  • You mean to say that "Those who have EAD with PD 2006/2007" needs green Card and you dont bother about PD 2000-2005 from Backlog who never got a chance to apply i-485 ?

    Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).





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  • This situation is really bad. There are so many people who missed the deadline as their labor was stuck in BEC. USCIS should at least allow a one-time chance (like July 2nd) for such people to file 485. I was lucky to clear the labor stage earlier this year.





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  • Hi,

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

    Received EADs and APs on Sept 25th from CSC.

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

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

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

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

    Any other ideas what this all means would be appreciated.

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

    recipet notice would keep the 23rd july date..in ur case





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  • http://i.cmpnet.com/informationweek/1179/H-1B_Approvals_for_initial_benefits_by_employers_FY0 7.xls

    See this complete article.
    http://www.informationweek.com/news/showArticle.jhtml?articleID=207001329&pgno=1&queryText=

    So my estimate is there are around
    50 to 60k consulting companies in whole USA.

    Thanks,
    Kris

    I don't think consulting firms are alone to be blamed.

    Lets say there are around 1000 consulting firms it the worst case there may be around 1500 firms which have a capacity to apply 15 H1B each.

    still the number would come around 15000 to 30000 but the big 4 companies in India got 20,000 H1B last year, which means they might have applied around 45000 to 55,000 applications

    my numbers may be bit off but i think Big 4 companies from India are doing more damage then consulting firms in US.





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  • Instead of calling NEB center daily, contribute to IV if you have not already done so. If you done so, update your signature.

    Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
    Hope this helps
    Thanks





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  • We just received news that the Judiciary Committee hearings which were supposed to run until 1.00 pm today and also tomorrow have been postponed to March 27th. Apparently the deal is that the Judiciary Committee wants to put pressure on Senator Frist so that he does not introduce his version of the bill bypassing the committee...

    Will update as soon as we hear more...





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  • We all know that LC can be used by the employer for substitution and I-140 is owned by the company too. The employer cannot be charged with anything even if you take him to court as he has not done anything illegal, except for breaking the verbal agreement between you and him. What you can do is take the wire transfer details or copy of the check you gave him and tell him to give your money back or you can prove in local court that the money was transffered to you (if he refuses to pay back). Of course this would mean you will probably lose your job and the H-1 status. Basically you will have to swallow this pill and just wait till dates get current or do H-1 transfer to another employer.





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  • I don't think consulting firms are alone to be blamed.

    Lets say there are around 1000 consulting firms it the worst case there may be around 1500 firms which have a capacity to apply 15 H1B each.

    still the number would come around 15000 to 30000 but the big 4 companies in India got 20,000 H1B last year, which means they might have applied around 45000 to 55,000 applications

    my numbers may be bit off but i think Big 4 companies from India are doing more damage then consulting firms in US.


    Guys.. i'm sick of this nonsense.. I mean this is ridiculous.. this is my second go around in this stupid lottery.. last year I hadn't graduated so they put me in the bachelors quota.. this year the freaking masters quota is full.. i have a genuine offer from one of the big 4 accounting firms.. and have work experience to back it up

    i'm sick of these consultant firms.. i wish I could work for the uscis and weed out these miserable cheapsters.. 6 years toiling in their education system, paying the damn taxes, and waiting for 1 smart person to come along and tell them its time to take care of these consultant companies and their consultants who get the jobs based on deceit and conmanship..

    simple non sense.. random selection .. my behind..

    I really feel like sending flowers to the uscis similar to what the indian folks did last year..





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  • Sent Both faxes. Good work.I will register my spouse and will send two more.





    Nice to see one politician who makes sense..

    A good interview with Eric Schmidt (google CEO):
    http://www.youtube.com/watch?v=hJdlkzWMww0

    She has amazing views on Civil Liberties, Immigration, Human rights, Energy Environment..





    over the next over the next 75 years, new legal immigrants entering the United States will provide a net benefit of $611 billion in present value to America�s Social Security system, according to official Social Security Administration data.

    Over 50 years, new legal immigrants entering the United States will provide a net benefit of $506 billion in present value to America�s Social Security system.
    The 2004 Trustees Report, utilizing the intermediate projections, assumes an annual level of 800,000 legal immigrants and 200,000 emigrants (people who leave the U.S. legal immigrant population) for a net level of 600,000 per year. The Trustees Report also assumes a net level of 300,000 annually for �other immigration� (illegal immigration).
    The average age for those settling here as part of this �other immigration� each year is 21 years for men and 22 years for women, which is younger than for legal immigrants. The SSA�s Chief Actuary Office analysis discussed here assumed no change in illegal immigration, though it notes that it is possible that illegal immigration could increase in response to legal immigration cutbacks, which could �partly offset� the negative effect of legal immigration reductions.

    Federal Reserve Bank Chairman Alan Greenspan has pointed out the important role that immigration can play in addressing Social Security. In February 2003 testimony before the Senate Special Committee on Aging, Greenspan stated, �The aging of the population in the United States will have significant effects on our fiscal situation. In particular it makes our Social Security and Medicare programs unsustainable in the longrun, short of a major increase in immigration rates, a dramatic acceleration in productivity growth well beyond historical experience, a significant increase in the age of eligibility for benefits, or the use of general revenues to fund benefits.�
    More recently, Chairman Greenspan noted the advantageous position of the United States versus the more rapidly aging populations of Europe and Japan. While between 2000 and 2030 the number of working age adults will decline in Italy (-19%), Japan (-15.8%), and Germany (-15.1%), the working age adult population will increase by 18.9% in the United States over that period due primarily to immigration. In concluding his August 27, 2004 speech at a symposium sponsored by the Federal Reserve Bank of Kansas, Greenspan said, �Aside from the comparatively lesser depth of required adjustment, our open labor markets should respond more easily to the changing needs and abilities of our population; our capital markets should allow for the creation and rapid adoption of new labor-saving technologies, and our open society should be receptive to immigrants. These supports should help us adjust to the inexorabilities of an aging population. Nonetheless, tough policy choices lie ahead.�



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