Googler
06-18 08:23 PM
Instead in CIR Section 531 (COMPLETION OF BACKGROUND AND SECURITY CHECKS) takes away the right for courts to rule on writs of mandamus filings:
"(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."
please please stop reading the old bill
the new one is on the iv home page
or in thomas look at sa.1150 under the s.1358 bill
Thanks for pointing that out Paskal. I stand corrected.
S.A. 1150 Section 216 (http://thomas.loc.gov/cgi-bin/query/F?r110:2:./temp/~r110MkRgxl:e138316:) says:
SEC. 216. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR IMMIGRATION BENEFITS.
(a) INFORMATION SHARING; INTERAGENCY TASK FORCE.--Section 105 (8 U.S.C. 1105) is amended by adding at the end the following:
``(e) INTERAGENCY TASK FORCE.--
``(1) IN GENERAL.--The Secretary of Homeland Security and the Attorney General shall establish an interagency task force to resolve cases in which an application or petition for an immigration benefit conferred under this Act has been delayed due to an outstanding background check investigation for more than 2 years after the date on which such application or petition was initially filed.
``(2) MEMBERSHIP.--The interagency task force established under paragraph (1) shall include representatives from Federal agencies with immigration, law enforcement, or national security responsibilities under this Act.''.
(b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to the Director of the Federal Bureau of Investigation such sums as are necessary for each fiscal year, 2008 through 2012 for enhancements to existing systems for conducting background and security checks necessary to support immigration security and orderly processing of applications.
(c) REPORT ON BACKGROUND AND SECURITY CHECKS.--
(1) IN GENERAL.--Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the background and security checks conducted by the Federal Bureau of Investigation on behalf of United States Citizenship and Immigration Services.
(2) CONTENT.--The report required under paragraph (1) shall include--
(A) a description of the background and security check program;
(B) a statistical breakdown of the background and security check delays associated with different types of immigration applications;
(C) a statistical breakdown of the background and security check delays by applicant country of origin; and
(D) the steps that the Director of the Federal Bureau of Investigation is taking to expedite background and security checks that have been pending for more than 180 days.
Doesn't promise any results and it is not clear if this extra appropriations will be used for the much ballyhooed transformation that Michael Cannon says might kick in in 2010, or for clearing the current backlog BUT is much better than trying to take away the right to file mandamus suits. Also leads us to believe that 180 days is the acceptable amount of time for a namecheck.
"(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."
please please stop reading the old bill
the new one is on the iv home page
or in thomas look at sa.1150 under the s.1358 bill
Thanks for pointing that out Paskal. I stand corrected.
S.A. 1150 Section 216 (http://thomas.loc.gov/cgi-bin/query/F?r110:2:./temp/~r110MkRgxl:e138316:) says:
SEC. 216. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR IMMIGRATION BENEFITS.
(a) INFORMATION SHARING; INTERAGENCY TASK FORCE.--Section 105 (8 U.S.C. 1105) is amended by adding at the end the following:
``(e) INTERAGENCY TASK FORCE.--
``(1) IN GENERAL.--The Secretary of Homeland Security and the Attorney General shall establish an interagency task force to resolve cases in which an application or petition for an immigration benefit conferred under this Act has been delayed due to an outstanding background check investigation for more than 2 years after the date on which such application or petition was initially filed.
``(2) MEMBERSHIP.--The interagency task force established under paragraph (1) shall include representatives from Federal agencies with immigration, law enforcement, or national security responsibilities under this Act.''.
(b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to the Director of the Federal Bureau of Investigation such sums as are necessary for each fiscal year, 2008 through 2012 for enhancements to existing systems for conducting background and security checks necessary to support immigration security and orderly processing of applications.
(c) REPORT ON BACKGROUND AND SECURITY CHECKS.--
(1) IN GENERAL.--Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the background and security checks conducted by the Federal Bureau of Investigation on behalf of United States Citizenship and Immigration Services.
(2) CONTENT.--The report required under paragraph (1) shall include--
(A) a description of the background and security check program;
(B) a statistical breakdown of the background and security check delays associated with different types of immigration applications;
(C) a statistical breakdown of the background and security check delays by applicant country of origin; and
(D) the steps that the Director of the Federal Bureau of Investigation is taking to expedite background and security checks that have been pending for more than 180 days.
Doesn't promise any results and it is not clear if this extra appropriations will be used for the much ballyhooed transformation that Michael Cannon says might kick in in 2010, or for clearing the current backlog BUT is much better than trying to take away the right to file mandamus suits. Also leads us to believe that 180 days is the acceptable amount of time for a namecheck.
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abhisam
01-08 02:01 PM
I also had submitted with my I-94 attached. I forgot to remove it. It was stapled and I got it back with my old passport. So dont worry.
Thank you for your reply!
Thank you for your reply!
tnite
06-26 02:35 PM
There is a news in news article thread that Senators Cantwell & Kyl have proposed a amendment which will open up a parallel employer sponsored GC path. Anyone has information regarding this amendment?
If I am not wrong that amendment has been changed considerably.
the new amendment states that Employer abased GC will be phased out in 5 yrs and then merit based kicks in
H1B quota for US Master's Grad is 40K according to the amendment.
If I get the link I will post it
If I am not wrong that amendment has been changed considerably.
the new amendment states that Employer abased GC will be phased out in 5 yrs and then merit based kicks in
H1B quota for US Master's Grad is 40K according to the amendment.
If I get the link I will post it
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tnite
09-30 11:31 AM
I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.
I did have a LUD on 09/05 and 09/08 and then RFE was issued. Responded to the RFE on 09/22 . LUD on 09/22, 09/23 ,09/29 and 09/30.
EB2 India Mar 2005 NSC
There were atleast 7-8 cases from NSC on this board who received RFE's.
I did have a LUD on 09/05 and 09/08 and then RFE was issued. Responded to the RFE on 09/22 . LUD on 09/22, 09/23 ,09/29 and 09/30.
EB2 India Mar 2005 NSC
There were atleast 7-8 cases from NSC on this board who received RFE's.
more...
AirWaterandGC
05-12 10:14 AM
This is what I received :
Thank you for taking action on AILA's Contact Congress website. If you'd like to get more involved in our advocacy efforts, please contact AILA's Manager of Grassroots Advocacy, Jenny Levy.
Your message was sent to:
Senator Norm Coleman (R-MN)
Senator Amy Klobuchar (D-MN)
Representative Keith M. Ellison (D-MN 5th)
Thank you for taking action on AILA's Contact Congress website. If you'd like to get more involved in our advocacy efforts, please contact AILA's Manager of Grassroots Advocacy, Jenny Levy.
Your message was sent to:
Senator Norm Coleman (R-MN)
Senator Amy Klobuchar (D-MN)
Representative Keith M. Ellison (D-MN 5th)
maine_gc
04-20 12:11 PM
So do i need to go to any International airport that has immigration services or the local USCIS office can help?
more...
leoindiano
03-17 10:02 AM
Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
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number30
03-29 06:02 PM
You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.
Yes That is the way. You have three years to ammend your tax return. It is simple and common
Yes That is the way. You have three years to ammend your tax return. It is simple and common
more...
Azzuri
12-03 07:05 AM
Kirupa Hero one is awsome. talents !
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jr8rdt
11-13 04:21 PM
ok. let's say I-140 approved and pass 180 days. the person is working using ac21 and ead with a new company. the person is travelling using AP , the old company withdraw I-140, will he be able to come back in the us ?
once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?
once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?
more...
vin13
09-30 10:34 AM
I also have soft LUD on 09/26 and 09/29...But the online status still shows status pending and transferred to the office.
Is ur case in NSC too.
Is ur case in NSC too.
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IndiaNJ
08-20 12:11 PM
My 485 got approved on 8/8/8 , where as wife's case is still pending , my wife called the 1.800 number , they told it has been assigned to the officer , and he has to make a decision.
more...
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Refugee_New
10-13 04:04 PM
The very first time I went in formals (for my F1 visa). After that I've been to the consulate seven times, and its always been in jeans and t shirt. Next time I'm thinking of going Tarzan style. It will save me the security hassle and will serve as a good respite from the Chennai heat.
How about spiderman style? Undies outside
How about spiderman style? Undies outside
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a1b2c3
12-04 08:30 PM
Stay safe folks, be watchful and good luck.
Don't give in to terrorism, they want to scare you more than kill you.
Don't give in to terrorism, they want to scare you more than kill you.
more...
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anandrajesh
12-19 08:31 PM
core member- Ashish Sharma (eager2i) will be attending this call on behalf of the core team.
I'LL BE THERE
I'LL BE THERE
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permfiling
01-19 09:59 AM
All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
You are right Chris, last year few folks left the company and the company downsized as well. The only way to retain ppl and make them sweat is to hire H1's with the promise of GC who will be obliged to work.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
You are right Chris, last year few folks left the company and the company downsized as well. The only way to retain ppl and make them sweat is to hire H1's with the promise of GC who will be obliged to work.
more...
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chanduv23
08-01 09:49 AM
Please note the reponse I got from service center to a query sent by the senators office
""
The scheduling of the biometrics is not based on the FBI fingerprints or name check being clearedfirst. ""
All waiting for FP leave no stone unturned, call, take infopass, etc
Thanks
I took infopass last week in NYC and the officer told me she will contact the TSC office and get it going and gave us a document signed by her stating the same. She asked us to come back in 45 days if nothing happens.
I doubt anything will happen, I am sure I will go back in 45 days and at that time they will say, you are not current anymore or some other reason.
""
The scheduling of the biometrics is not based on the FBI fingerprints or name check being clearedfirst. ""
All waiting for FP leave no stone unturned, call, take infopass, etc
Thanks
I took infopass last week in NYC and the officer told me she will contact the TSC office and get it going and gave us a document signed by her stating the same. She asked us to come back in 45 days if nothing happens.
I doubt anything will happen, I am sure I will go back in 45 days and at that time they will say, you are not current anymore or some other reason.
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txh1b
08-06 07:36 PM
hi,
I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
Can I know a few things
1. Can he take me out of the GC ?
2. Can he revoke my EAD ?
3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
please help...
If you are on a H4, you can be taken out of the pending 485 if you go through a divorce.
1. Possibly can with a divorce.
2. #1, can be considered automatically revoked if divorced.
3. No
I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
Can I know a few things
1. Can he take me out of the GC ?
2. Can he revoke my EAD ?
3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
please help...
If you are on a H4, you can be taken out of the pending 485 if you go through a divorce.
1. Possibly can with a divorce.
2. #1, can be considered automatically revoked if divorced.
3. No
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mrdelhiite
08-07 05:55 AM
I filed my 485 on 2nd July and I am in process of filing 485 for my wife soon. I wana document and ask if there anything different from my 485 filing. Also can someone provide a list of supporting documents that I need attach to her application. I do have a rough list of mine but i wana make sure i dont miss anything.
Thus can someone share the list of docs required for Spouse 485 application
Changes that I need to watch out ?
Form revisions I need to use for 485/ead/AP, I think fee will be same ie for
485 –> $325+$70, EAD --> $180 , AP --> $170 ( as released in update1)
I mailed my application to Nebraska, I am based in Florida … thus according to new rule should I send my wife’s application to Taxes?
Should I include my supporting documents like I20, SSN, EAD ( of OPT) etc in her application.
should i put some bright color note on application saying that i filed my application as Single on July 2nd and now filing my wifes application as i got married on July 29th ?
Do i need to put my original employement letter with her application too or the copy will do ?
I am not using a lawyer thus any help is appreciated.
Thanks
-M :)
Thus can someone share the list of docs required for Spouse 485 application
Changes that I need to watch out ?
Form revisions I need to use for 485/ead/AP, I think fee will be same ie for
485 –> $325+$70, EAD --> $180 , AP --> $170 ( as released in update1)
I mailed my application to Nebraska, I am based in Florida … thus according to new rule should I send my wife’s application to Taxes?
Should I include my supporting documents like I20, SSN, EAD ( of OPT) etc in her application.
should i put some bright color note on application saying that i filed my application as Single on July 2nd and now filing my wifes application as i got married on July 29th ?
Do i need to put my original employement letter with her application too or the copy will do ?
I am not using a lawyer thus any help is appreciated.
Thanks
-M :)
yawl
05-11 10:50 AM
It is just a TOOL to write to senators! No one force you to use their template, and you can and SHOULD write you letter!
another one
08-10 02:55 PM
signed up for $100 pm last week..
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