chanduv23
04-24 03:16 PM
Big companies like TCS cannot split or start another company as everything is associated with Brand name and other stock market regulations. They will be forced to hire citizens/GC holders with H1bs if this bill is passed in same form. USCIS will take care of small Indian bodyshoppers by RFE and asking client letters etc if they start multiple companies. Of course there will be loopholes our Indian companies will find in any law but still it will clean up H1b and L1 atleast for some extent.
I agree. Sometime back when I was actively looking for jobs, Infosys was hiring local candidates which means EAD, GC and Citizens trying to augment their workforce with local candidates. As I was on EAD they asked me to come for interview. The salary level they were willing to offier is so low that it will just never work out and I did not even go forward.
If these companies want to hire local candidates -they cannot treat them like they treat h1 or l1 holders - it is going to be interesting.
On one side they need to be in business and on other side they HAVE to hire locals which means lesser profits.
I agree. Sometime back when I was actively looking for jobs, Infosys was hiring local candidates which means EAD, GC and Citizens trying to augment their workforce with local candidates. As I was on EAD they asked me to come for interview. The salary level they were willing to offier is so low that it will just never work out and I did not even go forward.
If these companies want to hire local candidates -they cannot treat them like they treat h1 or l1 holders - it is going to be interesting.
On one side they need to be in business and on other side they HAVE to hire locals which means lesser profits.
wallpaper Gold Coast Map
desi3933
08-07 01:01 PM
Ok, i will try to make it as simple as possible:
2 guys (names - JE and MBA respectively) graduate with BS in Engineering in 2001.
Both go to USA in 2002.
JE goes on H1B (as Junior Engineer) while MBA goes for an MBA on F1.
In 2003, JEs company files for his GC, PD 2003, EB3
In 2004, MBA graduates and joins a company as a manager.
In 2005, MBA's company applies for his GC in EB2, PD 2005.
So far so good.
Now, it is 2008. Both are still waiting for their GC.
Ideally, both are in same position (they should be, as both have same amount of exposure to professional world after undergrad - one replaced the work experience by higher degree and vice-versa).
Now, JE wants to port his PD and get into EB2 category with PD 2003. This will make him exactly 2 years ahead of MBA. If he doesn't port, they are approximately in the same situation, so the chances of them getting a GC in 2009 will be same.
What do you think is fair?
P.S. - I do not support this lawsuit.
What stopped (from legal stand point) MBA guy to file for eb3 based GC in 2003? Remember both have BS in Engineering at that time. No employer was ready to file GC for the MBA guy (in 2003) is not a valid legal argument.
Remember, one does not need to be employed to file for GC and GC is for the future job.
What do you think is fair?
It is not what you or I think is fair. From legal point of view, both had equal opportunity to file for GC in 2003 for eb3 job. Just because, the MBA person didn't go for it is not a valid argument. Don't you agree?
2 guys (names - JE and MBA respectively) graduate with BS in Engineering in 2001.
Both go to USA in 2002.
JE goes on H1B (as Junior Engineer) while MBA goes for an MBA on F1.
In 2003, JEs company files for his GC, PD 2003, EB3
In 2004, MBA graduates and joins a company as a manager.
In 2005, MBA's company applies for his GC in EB2, PD 2005.
So far so good.
Now, it is 2008. Both are still waiting for their GC.
Ideally, both are in same position (they should be, as both have same amount of exposure to professional world after undergrad - one replaced the work experience by higher degree and vice-versa).
Now, JE wants to port his PD and get into EB2 category with PD 2003. This will make him exactly 2 years ahead of MBA. If he doesn't port, they are approximately in the same situation, so the chances of them getting a GC in 2009 will be same.
What do you think is fair?
P.S. - I do not support this lawsuit.
What stopped (from legal stand point) MBA guy to file for eb3 based GC in 2003? Remember both have BS in Engineering at that time. No employer was ready to file GC for the MBA guy (in 2003) is not a valid legal argument.
Remember, one does not need to be employed to file for GC and GC is for the future job.
What do you think is fair?
It is not what you or I think is fair. From legal point of view, both had equal opportunity to file for GC in 2003 for eb3 job. Just because, the MBA person didn't go for it is not a valid argument. Don't you agree?
chanduv23
09-17 01:19 PM
Not many approvals in the last couple of days :(
I guess very few pending.
I guess very few pending.
2011 The Gold Coast Map
CADude
09-24 11:02 PM
Write/fax to congressman/senator/USCIS complaint dept, if you wish so. It's better than doing nothing. my 2 cents.
Delivered to Mickels at 9:01 on Jul 2nd to NSC. No CC, no receipt, nothing!! Wondering what to do !!
Delivered to Mickels at 9:01 on Jul 2nd to NSC. No CC, no receipt, nothing!! Wondering what to do !!
more...
l1fraud
06-14 02:04 PM
I cannot help but point out a flaw in your case: You say that your technical skills is a common one. Yet you don't seem to have an issue that you have applied in EB2 - exceptional ability / advanced degree. At this time, you are likely holding a H1B status - a speciality occupation visa. Something does not add up now, does it?.
However, I'm with you on wanting to stop L1 visa abuse (and H1 visa abuse as well). There needs to be a more definitive way of knowing L1 visa is being misused to replace US citizens and green-card workers.
Hope any one can qualify for EB2 with a advanced degree / 5 years experience IF the job requirements need the same, my comment regarding the 'common technical' skills was in the context of technical skills available in the market here is US and the way USCIS/consulate considers these technical skills. Java/.Net/Oracle or any of these technical skills doesn't qualify for a L-1B visa irrespective of the no. of years of experience, for Eg. a resource with 10 Years of Java experience may qualify for EB2 (once again, as per job requirement for PERM) BUT WILL NEVER qualify for L-1B visa.
Hope this cleared your doubt and definetly using L-1B resources for common technical assignments has become a common practice amoung outsourcing companies due to advantages these organisation has (discussed earlier in this thread) and we are fighting against this abusal of L1 visa.
However, I'm with you on wanting to stop L1 visa abuse (and H1 visa abuse as well). There needs to be a more definitive way of knowing L1 visa is being misused to replace US citizens and green-card workers.
Hope any one can qualify for EB2 with a advanced degree / 5 years experience IF the job requirements need the same, my comment regarding the 'common technical' skills was in the context of technical skills available in the market here is US and the way USCIS/consulate considers these technical skills. Java/.Net/Oracle or any of these technical skills doesn't qualify for a L-1B visa irrespective of the no. of years of experience, for Eg. a resource with 10 Years of Java experience may qualify for EB2 (once again, as per job requirement for PERM) BUT WILL NEVER qualify for L-1B visa.
Hope this cleared your doubt and definetly using L-1B resources for common technical assignments has become a common practice amoung outsourcing companies due to advantages these organisation has (discussed earlier in this thread) and we are fighting against this abusal of L1 visa.
crksd
10-16 05:23 PM
:) Well, I was on F-1 before that for 2.5 years, so it wasn't that quick either. But then again, I'm not complaining.
more...
jayleno
10-29 10:37 AM
None of the memos have stated that AC 21 can be used only in the case of lay offs. It could be a case of USCIS covering up a mistake they did. With the severe retrogression and impending recession there could be several reasons an employee will leave the employer.
One of the iv member, has stated that the I485 has been denied for his friend, upon withdrawl of 140 by his ex-employer. His ex-employer has informed USCIS, that the employee left the job on his own. Also, he quoted that "USCIS denied I485 because, ac21 can be used in case of layoffs only , not switching for jobs"
In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
thanks,
aps
One of the iv member, has stated that the I485 has been denied for his friend, upon withdrawl of 140 by his ex-employer. His ex-employer has informed USCIS, that the employee left the job on his own. Also, he quoted that "USCIS denied I485 because, ac21 can be used in case of layoffs only , not switching for jobs"
In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
thanks,
aps
2010 To print map and directions on
CADude
09-20 04:33 PM
immigration-law.com also raised general concern. may be our application is sitting in janitor rooms or some inaccessible cornor or lost. But some one in USCIS has to move a$$ to find out. We need AILA or powerful congressmen or senator's one letter and USCIS will act. That's a way, Govt Agency works. unless you make noise, nothing works. Baby also don't get milk unless cry.. :)
more...
factoryman
05-21 10:02 PM
I am twice bitten... by photos at Walgreens
Don't even think. I took PP for passport renewal. VEry bad quality.
Still I went to Walagreens and took PP for visit visa to Canada. Rejected by Canadian Consulate in Seattle. Don't waste your time and money.
In Denver / Aurora - there is H-Mart (or HAR Mart). I am also thinking of going to Costco. 6 photos for above age 14 ; else 4. That is what my attorney asked.
Costco! Way to go, cheaper, better and perfect!
Among friends we say, "In costco we trust!"
Don't even think. I took PP for passport renewal. VEry bad quality.
Still I went to Walagreens and took PP for visit visa to Canada. Rejected by Canadian Consulate in Seattle. Don't waste your time and money.
In Denver / Aurora - there is H-Mart (or HAR Mart). I am also thinking of going to Costco. 6 photos for above age 14 ; else 4. That is what my attorney asked.
Costco! Way to go, cheaper, better and perfect!
Among friends we say, "In costco we trust!"
hair Broadbeach Gold Coast
snddlth
10-12 04:58 PM
It is not Holiday but they simply don't want us to call.
more...
unseenguy
06-16 12:37 AM
Dude are you kidding me ... I am reporting a violation/fraud and I should hold my head down?? what kind of moral/ethical values you have.. I am keeping my head up (may be an inch or 2 higher than last 3 weeks) as my project manager and director (middle management ) fully supports me in this crusade. Most of the cases, upper management decides to replace all the local contractors with these outsourcing firms and once the contract is signed these companies dump all their L1 resources to projects and middle management who deals directly with the resources has minimal say in the process.
Let me ask you a simple question.. WHY ARE YOU SUPPORTING THIS FRAUDULANT ACTIVITY??? .... think for a minute and then decide whether to reply me back or not.. bye.
'Mileage for this complaint'.. in an economy when millions with eligibility are job less .. case regarding this fraud will have ZERO mileage! want to bet me on this .. come on dude.. come on. If you are on L1 visa talk to uer management and get it changed to something legally eligible to work on your project, instead trying to measure the mileage of L1 fraud, ICE/USCIS will measure that and we'll see whos head is going down here...
I am neither supporting you, nor am I supporting TCS/WIPRO. But I am seeing things from your client's perspective. Your client and director who ever they are , they might be saying one thing on the face and getting ready to save their company in the background. You know corporate world is a nasty place. Every recruiter who talks to you makes you feel as if he is the hiring manager and you have got the job, but does it happen that way? No. Similarly, your client is buying time and soothing you, I am not sure they are sincere about their comments. Everyone has some motive or personal interest in supporting things.
And to be honest, I doubt if you can come clean , hold your head high and say in public, I did it. If you do so , I will respect you as a whistleblower. Other wise, you are just mad that your are losing the job to others. If they cant get l1 on site, they will send the job offshore. There is not much you can do. Your client is towing your line until a smooth transition and then they are done with you , anyways. Its better you read writing on the wall and move on. You can invest the same time in finding other work and still have good relations with the current client. You never know when economy gets good, they may want you back at a higher price. But if they get to know you are doing this, most likely you will end up on some blacklist and I am not trying to scare you but world is a small place and you will run into same people many times.
My moral ethical values here are, someone doesnt want to work with me for some reason, whether they are doing their business with others ethically or unethically or illegally is upto them. I am moving on without a bad taste in mouth or complaint. It is company's choice whether they want to pay me or someone else. If they want to send my job offshore, they dont want to work with me for whatever reason, so I got to move on without complaint, thats my ethical value. whether others are doing it ethically or unethically is not my problem. You can choose to fight this, but your victory will only be temporary, say 6 months.
Let me ask you a simple question.. WHY ARE YOU SUPPORTING THIS FRAUDULANT ACTIVITY??? .... think for a minute and then decide whether to reply me back or not.. bye.
'Mileage for this complaint'.. in an economy when millions with eligibility are job less .. case regarding this fraud will have ZERO mileage! want to bet me on this .. come on dude.. come on. If you are on L1 visa talk to uer management and get it changed to something legally eligible to work on your project, instead trying to measure the mileage of L1 fraud, ICE/USCIS will measure that and we'll see whos head is going down here...
I am neither supporting you, nor am I supporting TCS/WIPRO. But I am seeing things from your client's perspective. Your client and director who ever they are , they might be saying one thing on the face and getting ready to save their company in the background. You know corporate world is a nasty place. Every recruiter who talks to you makes you feel as if he is the hiring manager and you have got the job, but does it happen that way? No. Similarly, your client is buying time and soothing you, I am not sure they are sincere about their comments. Everyone has some motive or personal interest in supporting things.
And to be honest, I doubt if you can come clean , hold your head high and say in public, I did it. If you do so , I will respect you as a whistleblower. Other wise, you are just mad that your are losing the job to others. If they cant get l1 on site, they will send the job offshore. There is not much you can do. Your client is towing your line until a smooth transition and then they are done with you , anyways. Its better you read writing on the wall and move on. You can invest the same time in finding other work and still have good relations with the current client. You never know when economy gets good, they may want you back at a higher price. But if they get to know you are doing this, most likely you will end up on some blacklist and I am not trying to scare you but world is a small place and you will run into same people many times.
My moral ethical values here are, someone doesnt want to work with me for some reason, whether they are doing their business with others ethically or unethically or illegally is upto them. I am moving on without a bad taste in mouth or complaint. It is company's choice whether they want to pay me or someone else. If they want to send my job offshore, they dont want to work with me for whatever reason, so I got to move on without complaint, thats my ethical value. whether others are doing it ethically or unethically is not my problem. You can choose to fight this, but your victory will only be temporary, say 6 months.
hot Coolangatta Gold Coast
unseenguy
06-15 06:54 PM
1. Why should he pay you more if he can get someone for cheaper price? - No Issues as long as its by following all the rules and regulations set by the authorities.
2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO? - Nope, my salary is my personal choice. Tomorrow these companies may bring resources Illegally across border and offer 5$ per hour, would you accept that salary???
Your salary is not your personal choice, it is governed by market factors. Company makes the final decision whether they want to pay you what you ask for and whether they need your services. Your client can easily send your job to India if they can hire someone here for 3 months. Most likely that person is going to be back with the job after 3 months.
3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful. - BS
I work for a major system integrator and I have seen client come to us and say, X did not perform well, give us the money back or provide Y number of free consulting days. I have seen clients come to us and say , we give you 2 more months, deliver this project or else lawsuit, and I have seen company agreeing to client demands. These are additional advantages for going to TCS/WIPRO. I have seen at one client place, they offered 10% of the resources free. So if client took 50 peopkle, they got 5 more for free. Can your company do that? Dont make hollow claims of BS if you are just a simple developer.
4. YOU guys want to leave companies at will but the companies should not replace you at will? - Not at all, they can replace us anytime they want.. I don't know why this point ???
Here we are discussing about a violation by companies using L-1B visa resources and we think reporting this to the agencies (ICE/USCIS) and making awareness amoung clients doesn't harm anyone who does their business within the legal frame work.
No we are discussing YOUR jobs loss due to L1 misuse. You were sleeping until it hit you and now you suddenly want sympathy. BTW, I feel sorry for you that any guy from India can come and do your job. Most guys who come on L1 are freshers with not much skills. Thats what is needed for the job then.
2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO? - Nope, my salary is my personal choice. Tomorrow these companies may bring resources Illegally across border and offer 5$ per hour, would you accept that salary???
Your salary is not your personal choice, it is governed by market factors. Company makes the final decision whether they want to pay you what you ask for and whether they need your services. Your client can easily send your job to India if they can hire someone here for 3 months. Most likely that person is going to be back with the job after 3 months.
3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful. - BS
I work for a major system integrator and I have seen client come to us and say, X did not perform well, give us the money back or provide Y number of free consulting days. I have seen clients come to us and say , we give you 2 more months, deliver this project or else lawsuit, and I have seen company agreeing to client demands. These are additional advantages for going to TCS/WIPRO. I have seen at one client place, they offered 10% of the resources free. So if client took 50 peopkle, they got 5 more for free. Can your company do that? Dont make hollow claims of BS if you are just a simple developer.
4. YOU guys want to leave companies at will but the companies should not replace you at will? - Not at all, they can replace us anytime they want.. I don't know why this point ???
Here we are discussing about a violation by companies using L-1B visa resources and we think reporting this to the agencies (ICE/USCIS) and making awareness amoung clients doesn't harm anyone who does their business within the legal frame work.
No we are discussing YOUR jobs loss due to L1 misuse. You were sleeping until it hit you and now you suddenly want sympathy. BTW, I feel sorry for you that any guy from India can come and do your job. Most guys who come on L1 are freshers with not much skills. Thats what is needed for the job then.
more...
house hot Gold Coast Australia Map
prinive
07-09 06:57 PM
Guys, IV is monitored closely.
tattoo Gold Coast, Queensland
EB2DEC152005
08-17 02:30 PM
:confused:
I sent emails to Ombudsman, NSC and SCO. Did not contact congressman. Opned SR's for me and my wife. Twice took Infopass, they have been pre-adjudicated, that's all.
All I got till now from USCIS is standard scripted emails.
When is my turn, God bless me
I sent emails to Ombudsman, NSC and SCO. Did not contact congressman. Opned SR's for me and my wife. Twice took Infopass, they have been pre-adjudicated, that's all.
All I got till now from USCIS is standard scripted emails.
When is my turn, God bless me
more...
pictures Gold Coast hot spots for job
nitinba
06-29 05:19 PM
Yes attorneys are all going for long weekends upto July 4th and why not they already made hell lot of money, dammit man it sucks bigtime
dresses The Gold Coast is 32 km of
needhelp!
01-13 01:09 AM
wGpSCdeEkB4
more...
makeup Gold Coast
pappu
08-04 06:07 PM
http://usinfo.state.gov/gi/Archive/2006/May/04-878088.html
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.
How Immigration Security Checks Work
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 multi-agency 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 even several 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.
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.
How Immigration Security Checks Work
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 multi-agency 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 even several 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.
girlfriend australia-map-flag
gjoe
08-07 10:25 AM
I am saying there are problems with USCIS not just the one you are pointing out.
My point is if more and more people like you file lawsuits against USCIS for the different kinds of injustice they think USCIS, DOL and DOS had brought on them, we ( all EB categories)will be in better shape to fight together for the bigger cause which is more predictable process and processing and closing as many loopholes as possible in the employment GC journey.
Thank you , you are the first one to understand my message.
Thousands of people are paying thousands of dollars to port to EB2 but they can't spare even a shameful 5 bucks to support a truly great initiative.
By the way , I am serious about lawsuit. As it will block an easy way out for most people.
My point is if more and more people like you file lawsuits against USCIS for the different kinds of injustice they think USCIS, DOL and DOS had brought on them, we ( all EB categories)will be in better shape to fight together for the bigger cause which is more predictable process and processing and closing as many loopholes as possible in the employment GC journey.
Thank you , you are the first one to understand my message.
Thousands of people are paying thousands of dollars to port to EB2 but they can't spare even a shameful 5 bucks to support a truly great initiative.
By the way , I am serious about lawsuit. As it will block an easy way out for most people.
hairstyles Gold Coast Seaway, Australia,
lazycis
09-27 05:58 PM
Thanks, this is good information.
Do you know if WOM can be filed only when the PD is current. After reading this article i feel so.
PD has no effect on filing a civil action as visa bulleting is changing every month. My friend in Oregon got I-485 approval after filing Wom even though his PD is not current on the latest visa bulletin.
Do you know if WOM can be filed only when the PD is current. After reading this article i feel so.
PD has no effect on filing a civil action as visa bulleting is changing every month. My friend in Oregon got I-485 approval after filing Wom even though his PD is not current on the latest visa bulletin.
grupak
03-24 05:25 PM
Refer http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm
This HR person handed it to you on a silver platter. You have email documentation that clearly goes against what DHS and DOJ is saying.
This HR person handed it to you on a silver platter. You have email documentation that clearly goes against what DHS and DOJ is saying.
Lasantha
01-25 01:36 PM
So it looks like airline/airport personel know about AP and would not make a fuss for not having a valid unexpired visa in your passport if you carry your AP.
It's curious though why the guy wanted to see your EAD when EAD has nothing whatsoever to do with travelling.
Hi reddy77,
I recently traveled to Chennai. My H1b visa was expired in my passport and have an approved AP. I traveled through AA (Frankfurt) --> Gulf Airways (Bahrain) --> Madras and ultimately to Tirupati by Car, While going to India no one cared to ask for any documents not even in Frankfurt. By the way if you don't know this, you don't need a TV for Germany if you have AP. While coming back (I just came 2 weeks back), the officer at the Immigration counter looked at my passport and asked me how can i travel to US with an expired US Visa. I didn't give him my AP with my passport coz I was lazy to take AP from my bag. Finally I showed him my AP and he let me in. Now all the officers in India know about AP. They wont be surprised looking at the AP. In Bahrain I had a lay over of about 13 hours. Gulf Air gave me hotel accommodation. At the Bahrain immigration counter, the officer flipped 2-3 pages in my passport and didn't even care to look at my visa/AP. In Frankfurt, while boarding the AA flight to Dallas, the lady at the AA counter verified all my documents even my office badge. If possible carry your office badge/ID card with you. If you don't have one it should be OK because you are not required to carry and you can always tell them that you are not carrying. Since I showed her my AP, she took all my documents including my badge to her supervisor for the approval and finally gave me the boarding pass. In DFW the immigration was like a piece of cake. I was the second person in the queue. CBP officer after taking my finger prints took me to an officer (Secondary Inspection). The officer at the Sec inspection verified all my documents in his system and asked me to show my EAD. After checking my EAD, he said its not mandatory to carry EAD but safe. The whole process took less than 15 minutes. Let me know if you have any other questions.
It's curious though why the guy wanted to see your EAD when EAD has nothing whatsoever to do with travelling.
Hi reddy77,
I recently traveled to Chennai. My H1b visa was expired in my passport and have an approved AP. I traveled through AA (Frankfurt) --> Gulf Airways (Bahrain) --> Madras and ultimately to Tirupati by Car, While going to India no one cared to ask for any documents not even in Frankfurt. By the way if you don't know this, you don't need a TV for Germany if you have AP. While coming back (I just came 2 weeks back), the officer at the Immigration counter looked at my passport and asked me how can i travel to US with an expired US Visa. I didn't give him my AP with my passport coz I was lazy to take AP from my bag. Finally I showed him my AP and he let me in. Now all the officers in India know about AP. They wont be surprised looking at the AP. In Bahrain I had a lay over of about 13 hours. Gulf Air gave me hotel accommodation. At the Bahrain immigration counter, the officer flipped 2-3 pages in my passport and didn't even care to look at my visa/AP. In Frankfurt, while boarding the AA flight to Dallas, the lady at the AA counter verified all my documents even my office badge. If possible carry your office badge/ID card with you. If you don't have one it should be OK because you are not required to carry and you can always tell them that you are not carrying. Since I showed her my AP, she took all my documents including my badge to her supervisor for the approval and finally gave me the boarding pass. In DFW the immigration was like a piece of cake. I was the second person in the queue. CBP officer after taking my finger prints took me to an officer (Secondary Inspection). The officer at the Sec inspection verified all my documents in his system and asked me to show my EAD. After checking my EAD, he said its not mandatory to carry EAD but safe. The whole process took less than 15 minutes. Let me know if you have any other questions.
No comments:
Post a Comment