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  • god_bless_you
    02-20 06:21 PM
    Office of Communications
    www.uscis.gov
    Questions & Answers February 20, 2008
    FBI Name Check
    Q1. How has USCIS changed its national security reporting and adjudication
    requirements?
    A1. USCIS has not changed its background check policies as those policies related to naturalization
    applications. Recently, the agency did modify its existing guidance for applications where the
    immigration laws allow for the detention and removal of individuals if actionable information from a FBI
    name check response is received after approval. For these types of applications, including applications
    for lawful permanent residence, the adjudicators will approve the application if it is otherwise approvable
    and the FBI name check request has been pending for more than 180 days. No application for lawful
    permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border
    Inspection Services (IBIS) check are completed and resolved favorably.
    Q2. Why is this policy being implemented?
    A2. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS
    align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
    Q3. Is this policy consistent with the national security priorities of USCIS and the Department of
    Homeland Security?
    A3. Yes. No application for lawful permanent residence will be approved until a definitive FBI
    fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved
    favorably. In addition, in the unlikely event that DHS receives actionable information after the
    application is approved, it will initiate removal proceedings. Lastly, in general these individuals have
    been in the United States for some time and have previously been subjected to DHS background checks.
    Q4. What applications are affected by this policy change?
    A4. Applications included in this policy are:
    �� I-485, Application to Register Permanent Residence or Adjust Status;
    �� I-601, Application for Waiver of Ground of Inadmissibility;
    �� I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration
    and Nationality Act; and
    �� I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A
    of Public Law 99-603).
    Q5. How many applications for lawful permanent residence are affected by this policy change?
    A3. USCIS is currently aware of approximately 47,000 applications for permanent residence (I-485) cases
    that are otherwise approvable but for the fact that an FBI name check is pending. In a subset of these
    case, the FBI name check request that been pending for more than 180 days. USCIS anticipates that the
    majority of the cases that are subject to this policy modification will be processed by mid-March 2008.
    Q5. Does this policy change affect naturalization applications?
    A5. No. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
    results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
    Q6. How long will it take for USCIS to work through these cases affected by the policy change?
    A6. USCIS has begun identifying the cases affected by this policy modification in each field office and
    service center. Each office will evaluate the pending cases and will adjust their workload accordingly.
    USCIS anticipates that the majority of the cases that are subject to this policy modification will be
    processed by mid-March 2008. We recommend that customers wait until mid-March before inquiring
    about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
    Q7. USCIS Director Gonzalez pledged in his January 17, 2008, testimony regarding naturalization
    backlogs before Congress not to cut corners in the adjudicative process or risk national security in
    the interest of production? Does this policy comply with the Director’s pledge?
    A7. Yes. There is no change in the requirement that FBI name check, FBI fingerprint and IBIS check
    results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400),
    For those applications for permanent residence that are affected by this policy modification, no
    application will be approved until a definitive FBI fingerprint check and Interagency Border Inspection
    Services (IBIS) check are completed and resolved favorably. USCIS will continue to initiate the FBI
    name check requests upon receipt of the applications and will review, monitor and track cases approved
    under this policy until the FBI name check is complete. In the unlikely event that DHS receives
    actionable information after the application is approved, it will initiate removal proceedings.
    Q8. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include
    other forms, specifically nonimmigrant and naturalization, in this policy?
    A8. No.
    Q9. Should customers contact USCIS through the 1-800 customer service number or make an
    INFOPASS appointment to visit their local office if they believe their application meets the criteria
    of this new policy?
    A9. We recommend that customers wait until mid-March before inquiring about cases affected by this
    policy modification. This will allow each office sufficient time to identify and adjudicate the relevant
    pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer
    service line at 1-800-375-5283.
    Q10. Will USCIS automatically notify an applicant to appear at an Application Support Center if their fingerprints have expired?
    A10. Applicants will be notified through an appointment notice if new/updated fingerprint checks are
    needed.
    – USCIS –





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  • transpass
    12-01 12:09 PM
    the quaterly spillover.. is that just speculation.. or has USCIS confirmed it?

    I dont see any news release saying that there will be X number or quaterly spillovers...

    Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??

    Just my 2 cents, but I think the quarterly spillover might not happen (Hope I am wrong) for various reasons...

    1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"

    2. Since the spillover also includes Family based to EB, this even more complicates the above issue.

    3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...





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  • himu73
    10-01 08:04 PM
    Hello,
    My application was sent on July20th to NSC.
    Today I got a transfer notice saying application is transferred to Texas Service center. question
    1. The Receipt number starts with WAC (CSC) but the notice tells it is under Texas service center. Where exactly is the application.
    2. Is the Transfer notice same as application receipt or I will get a separate application receipt ? I do not see any received date column on the transfer notice.
    3. What is the number starting with A on the transfer notice. Different numbers for me and my wife ?


    Thanks in advance





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  • mhathi
    10-12 10:17 AM
    ---
    On a similar note, I kept reminding people at the DC rally to take it easy and walk slowly because the greencard office had closed early that day and they wouldn't get their GCs at the rally finish line, what was the hurry about? :)

    LOL!! :D:D



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  • vik352
    11-21 01:52 PM
    Let's start the call campaign. I want to be the baby that cries (or rather calls) a lot :-)





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  • hopefullegalimmigrant
    07-25 03:29 PM
    What not in hand may be (or always be) in head. What in head certainly may not be in hand
    :o

    So Cheers ....open up your mind and think of things that you can do that are achievable goals from your perspective



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  • wolfpok
    01-20 09:26 AM
    Our letters are in the mail. Updated the poll yesterday. Who is next? :)

    pok





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  • mhb
    07-06 03:24 PM
    Maybe the podcast is released the day after the news is telecast? Any idea?
    who knows how these guys function?!!! i just hope they show th enews cast if not tonight then tommorow night.



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  • coopheal
    04-17 02:20 PM
    Do you guys think EB3 India will move forward?
    It does say that similar expansion could happen for other chargeability areas.

    F. VISA AVAILABILITY DURING THE COMING MONTHS

    Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.

    Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.

    One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur.





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  • paskal
    09-01 10:46 AM
    nixstor this is just standard senthil talk.
    pouring water over efforts is what he does.

    senthil, i will not have a gc for years. neither will many others.
    and if you believe the rally is to build muscle for iv for coming congress sessions, so be it. it's still a worthwhile cause. join us in it. it's hard to actually make you join any concrete campaign- how about you show up for this one! believe me it will give weight to all your arguments if you walk the talk for a change...



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  • arnab221
    04-29 12:23 PM
    Quick Chain of events .

    India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .

    'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)

    1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.

    2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .

    4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.

    5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.

    Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.

    Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.





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  • Gravitation
    12-13 10:12 AM
    I hope it doesn't retrogress in future.

    I still don't understand why is EB-2 not moving forward especially that EB-1 is current.

    Too many people converted to perm-EB2 when EB3 retrogression hit. Also, excess EB2 RoW are not flowing to EB2-India but to EB3 instead.



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  • natrajs
    09-21 04:29 PM
    You know that's my point. do you really think we can't do nothing more?.....

    we are highly sklilled smart and great immigrants creating the new America of the 21st century we can't just say, thats it lets wait.....

    This country is about money, and we have the tremendous advantage that elections are coming, lets see the big picture.. why dont we jump to the next level from street protesters to work with one of the candidates or 2 or 3 , if they see money they will push our cause. Lets work on that now...

    So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments.

    I'm no negative just wondering how to measure the success of the rally?


    Dear Friend

    As you said nothing will happen now, The Whole idea of rally is create awareness among the lawmakers.

    In a Old say " The Person who plant a mango tree will not be able to eat that mango, however the next generation will do" I assume that person is selfless.

    Let us all hope the best





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  • anadimisra
    11-17 07:12 AM
    Thanks for applying and for the quick reply. Your skill set and experienced matched what we are looking for, and you passed the prescreening with perfect scores, except we can not hire anybody that requires sponsorship at this time. If you applied with a mistake on that prescreening question, please change the answer on the prescreening questions. Thank you and good luck!



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  • dsairam
    10-10 05:10 PM
    After folks start getting their EAD, God alone knows how many "New" desi bodyshopper's like this will spring up.

    All those so called "Enterpreneurs" a.k.a desi bodyshoppers...Perhaps if someone started a company that actually makes something rather than just contracting....more jobs, more value...

    I feel everyone of us has the potential to have such a vision...after all isn't this the land of opportunities

    Perhaps it is wise only to dream....

    The desi companies, while their methods may not be employee friendly, also add value in the chain and that is why they exist. So I don't know what you mean by "actually make something".

    And no I don't own or am affiliated to one.





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  • jasguild
    07-17 09:17 AM
    I would not call you pessimistic. You are SELFISH. Sure you do not share the same enthu because this announcement does not offer you anything. Grow up and feel for others. Everyone knows that there will be a backlog and that is an issue we have to deal with once we get there.

    I wont even get in a pissing match with you. YOu are free to believe what ever you want.

    if you read my post you will see my concern is about the system not working.

    I can make a similar argument about you and others. You are so concerned about your benefit today, that you dont see the harm it may do to H1b holders and future candidates for I-485.

    If it makes you feel good you can fly to washington and thank them for the blessings after the announcement. So whatever makes your boat floats...

    jasquil



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  • pappu
    01-31 10:34 AM
    http://immigrationvoice.org/forum/showpost.php?p=45215&postcount=854

    my comments on this





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  • GCwaitforever
    11-17 09:23 AM
    What is the procedure to file Tax from India?

    1. Designate one of the tax filing companies (HR block etc ...) as your agent by filling a form (check IRS web site) and give it to your. Your company will issue W-2 to this agent. You have to pay filing fee in advance to the tax filing company.

    2. If your company issues W-2 electronically and your banks/financial institutions produce 1099s electronically, you can file the returns from India electronically and direct refund to your bank account.





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  • nrk
    11-04 10:06 PM
    I believe pre adjudicated means, most of the processing is done, and waiting for the visa number availability.

    Nothing will happen for you on the info pass, hopefully you will come back with a good news.

    please update us after the info pass.

    Also if you could update your profile (priority date etc) it would be good for the people who are following this thread.


    Thakyou Nrk,
    what do u mean by preadjudicated?
    I cudnt wait nomore hence took an appt wt infopass for Nov 10th.
    Hope all goes well.
    U bet i would b ready to follow others, coz its gotten me all the worries in the recent past like never before.

    Thnx again.SB





    bujjigadu123
    02-21 01:34 AM
    That is what surprising to me. I searched for similar experience in all the forums but could not get any matching results. This is what bothering me. Why me (only)???





    Chiwere
    06-12 03:25 PM
    Interesting reading. Wonder what is it about eugenics that still appeal to some people: Just get some geniuses and they will build heaven as opposed to people who are actually providing vital service to the community. I guess I should get my IQ results translated to English first.

    Testimony from anti immigrants like Krikorian just highlights their own low IQ, one of the touchstones he proposes to identify the "Einsteins". He said bringing workers from outside decouples industry from US education system, but supports allowing foreign trained(with BS/BTech or higher) geniuses in.
    Perhaps there should be separate EB category for anti-immigrant immigrants. At least we will have smarter bigots to contend with. :D