santb1975
01-27 01:33 PM
The employer does not seem to be clean. Please don't set yourself up for stress and abuse
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
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Harivinder
05-15 11:58 AM
I think calling your university presidents and asking them to show their support for these bills would also be a very good idea.
This bill will encourage pursuit of higher education in US by foreign students in a significant way.
I think this is a good idea. All US graduates should Email or fax there University Presidents. As we know congress does listen to the education industry. All IV members graduated from US universities should contact there respective university presidents.
This bill will encourage pursuit of higher education in US by foreign students in a significant way.
I think this is a good idea. All US graduates should Email or fax there University Presidents. As we know congress does listen to the education industry. All IV members graduated from US universities should contact there respective university presidents.
thomachan72
05-17 06:48 AM
I dont understand why we are hurt when 2 Indian companies were asked to detail how they used the nearly 20000 H1B visas they procured this time. DAMNN!!! IT IS VERY VERY IMP TO KNOW THAT. How many of these H1s are going to be brought here and sold to other companies, how much and WHO pays them etc. Do you realize how many biotech companies couldn't hire people this time just because these monsters gobbled up all the H1s:mad: :mad: H1 is tailormade to boost the american economy and I firmly believe (just as any other country would wisely do) that the first preferance should be for US companies, OK. If the senators are wise, they will and they should, make it sure this time that this never happens in future. Regarding software, I firmly believe, as somebody mentioned earlier, that they also need to start small training centers everywhere. I dont say that there are not good professionals comming in, but believe me, all those so called mca, pgdca etc etc Man!! some of them even dont know the basics of computer!!
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mariner5555
11-21 10:21 PM
I am a consultant on H1B with EAD now. In my office (a major bank in US) I am 200% safe than the employees there.. they live like what you said (thinking when their job is at risk) and I am there in the job for last 3 years with a bright future.. I never blame the situatiuon I am in..
My view is " I have not born to live in A country or work for A company" I will always find my way out..
We bought a house recently and I know how many of my friends look at us and sigh a breath as they cannot do what they want for the fear of GC..
We are one happy family with our kids running around the house like they do in India...
just my thoughts.. not to meant to hurt anyone..
I dont expect everyone to agree with me - esp those who already have houses. my point was for those who are renting to keep on renting.
btw you can also rent a house - and those are quite cheap too nowadays.
everyone is 200% safe in their jobs till they lose it ..btw some of the big banks may fold too.
it is not necessary that yr friends cannot do what you have done - maybe they are smarter and more patient than you ..
here is an good article for reading ...
http://www.marketwatch.com/news/story/us-economy-melting-down/story.aspx?guid=%7B744EEE81%2D4F92%2D4A09%2DA142%2 D4A17CFD35C6D%7D&dist=MostReadHome
My view is " I have not born to live in A country or work for A company" I will always find my way out..
We bought a house recently and I know how many of my friends look at us and sigh a breath as they cannot do what they want for the fear of GC..
We are one happy family with our kids running around the house like they do in India...
just my thoughts.. not to meant to hurt anyone..
I dont expect everyone to agree with me - esp those who already have houses. my point was for those who are renting to keep on renting.
btw you can also rent a house - and those are quite cheap too nowadays.
everyone is 200% safe in their jobs till they lose it ..btw some of the big banks may fold too.
it is not necessary that yr friends cannot do what you have done - maybe they are smarter and more patient than you ..
here is an good article for reading ...
http://www.marketwatch.com/news/story/us-economy-melting-down/story.aspx?guid=%7B744EEE81%2D4F92%2D4A09%2DA142%2 D4A17CFD35C6D%7D&dist=MostReadHome
more...
yabadaba
06-05 02:52 PM
Keep in mind that it is higly likely that DOS has changed its strategy of releasing visa numbers starting this year. Previously, they would release numbers per quarter. But this time, from all accounts it appears they have moved away from that model to improve USCIS efficiency. They may have released almost all of the annual quota by now.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.
Based on this, it is very unlikely that there will be much forward movement in July.
if they did what u say they did.. they violated the law. thats what gotcher is talking about. plus using up 140k visas without a substantial impact being seen on the forums is highly unlikely.
last year in june and july when they issued 60k visas there was huge spike in approvals and it was seen on the forums/on /IV/ immigration portal.
there has not been such an observed event this year. the reason eb2 india went to U was because they had used up the quota associated with per country caps and the category and quarter sub quotas.
what we are seeing now/ will see in this fiscal year will be spill over visas. where it occurs is anybody's guess.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.
Based on this, it is very unlikely that there will be much forward movement in July.
if they did what u say they did.. they violated the law. thats what gotcher is talking about. plus using up 140k visas without a substantial impact being seen on the forums is highly unlikely.
last year in june and july when they issued 60k visas there was huge spike in approvals and it was seen on the forums/on /IV/ immigration portal.
there has not been such an observed event this year. the reason eb2 india went to U was because they had used up the quota associated with per country caps and the category and quarter sub quotas.
what we are seeing now/ will see in this fiscal year will be spill over visas. where it occurs is anybody's guess.
paskal
12-20 05:30 PM
if the entire quota for EB2 is not allotted in a year, then the numbers are being sent down depite retrogression in india and china. that is how you know. every visa allotted to EB2 should be used within....if there is extra it's used by india/china.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
more...
Madhuri
02-14 03:57 PM
Hi, our first set of APs are expired and we never renewed since we did not plan to go out of the US. Now we need to apply for new AP, is it possible to apply online or since w eMUSt apply by mail since we don't have a valid AP at present.
Anybody in similar situation? Can somebody PM the cover letter to me?
Thanks,
Madhuri
Anybody in similar situation? Can somebody PM the cover letter to me?
Thanks,
Madhuri
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nozerd
12-31 01:32 PM
I think as a next step I will contact my Congressman after the Feb dates are released and we are still current. Do you know if it makes more sense to approach Congressman or Senator for this ? Also should I approach only 1 rep like 1 Congressman or approach both my district congressman and 2 state senators ?
We are even more screwed because since our dates are current we can not even get 2 Yr EAD or 3 yr H1 extension but you have to renew both annually.
Please share your experiences.
We are even more screwed because since our dates are current we can not even get 2 Yr EAD or 3 yr H1 extension but you have to renew both annually.
Please share your experiences.
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amalshe
07-26 04:53 PM
Can anyone access the link?
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whitecollarslave
06-24 05:33 PM
I learned that the full committee meeting was scheduled for June 23rd (yesterday). Was it dropped or rescheduled?? Can you give that piece of information?
From what I can tell, there was nothing scheduled for 23rd.
http://judiciary.house.gov/schedule.aspx
From what I can tell, there was nothing scheduled for 23rd.
http://judiciary.house.gov/schedule.aspx
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manishi
11-18 04:05 PM
I filed on july 23rd got ead & AP but did not get FP. After reading this thread and seeing the patterns i think that if your application is processed by the center where it has to originally go then you get your FP quickly but in cases where your application went to original center and then that center sent to other centers for EAD and/or AP then their FP's is getting delayed, like my self.
I also have another problem. I changed address just after applying for I-485.I think FP is NOT dependent on PD's and or address change.
This is just my 2 cents.
I also have another problem. I changed address just after applying for I-485.I think FP is NOT dependent on PD's and or address change.
This is just my 2 cents.
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aadimanav
05-14 08:56 PM
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=government&articleId=9085658&taxonomyId=13&intsrc=kc_top
May 14, 2008 (Computerworld) Efforts to increase the H-1B cap have been stuck in a legislative swamp, but U.S. Rep. Zoe Lofgren (D-Calif.) has introduced three bills in the last few weeks to help foreign nationals already working in the U.S. to obtain permanent residency. She announced her latest legislative effort late Wednesday.
Fixing the permanent residency, or green card employment-based, visa program has been a top legislative goal of high-tech industry proponents, on par with their efforts to raise the H-1B cap.
And Lofgren, who heads the U.S. House Subcommittee on Immigration, is in the position to move legislation to the head of the class. But it remains to be seen whether she can jump over the legislative stalemate created by lawmakers who want comprehensive immigration reform or nothing at all.
Lofgren's latest bill, HR 6039, which is not yet available online, will exempt graduates of U.S. universities with advanced degrees in science and tech -- the so called STEM degrees (science, technology, engineering, mathematics) -- from the annual 140,000 limit on these permanent residency visas. The bill was officially introduced yesterday.
In a statement, Lofgren said that more than 50% of graudates with advanced degrees in science and engineering are foreign-born. "If we want our economy to continue competing in the global market, we have to retain these foreign students so they compete with us instead of against us in other countries. These men and women are the innovators of tomorrow, and we aren't the only ones looking to retain their talents. Increasingly, employers from Europe, Australia, Canada, and even China and India, are beating U.S. employers for valuable talent," said Lofgren.
That bill is closely tied to legislation introduced earlier this month by Lofgren, HR 5921. That bill seeks to eliminate the per-country caps on employment-based visas. The U.S. caps at 7% per country the number of employment-based visas issued to would-be visiting workers. "Because of this cap, a Chinese or Indian post-graduate at he top of his/her class at MIT may have to wait half a decade or more for a green card, much longer than a student from a less-populated country," said Lofgren, in a statement released when the legislation was announced.
Although much of the focus has been on the H-1B cap and its 85,000-visa quota, which includes the 20,000 set aside for holders of advanced degrees, high-tech industry proponents say the difficulty in getting permanent residency for their employees is as much a problem as getting H-1B visas.
Microsoft has about 4,000 employees for whom it is trying to gain permanent residency, said Jack Krumholtz, managing director of federal government affairs at Microsoft. They face long waits because of the green card backlog, suffering personal and professional frustrations along the way, Microsoft Corp. Chairman Bill Gates testified.
"We only hire people that we think can contribute to our innovation and corporate bottom line over the long haul, so we move immediately to apply for green cards for you and your family members," said Krumholtz, who said Microsoft is supporting Lofgren's legislative effort.
The typical path for a tech worker is, first, work after graduation on a student visa -- a period that was recently extended by the Bush administration from a year to 29 months -- and then an H-1B visa until employment-based permanent residency can be achieved.
Other legislative steps taken by Lofgren include a bill that would take unused employment-based green cards and essentially roll them over for resuse in a subsequent year. That bill is HR 5882. There are Republican co-sponsors for each of these bills.
Lofgren's across-the-aisle backers of these bills include U.S. Reps. Chris Cannon (R-Utah), Jim Sensenbrenner (R-Wisc.) and Bob Goodlatte (R-Va.).
Ron Hira, an assistant professor of public policy at the Rochester Institute of Technology, said he believes the U.S. can absorb more highly skilled, permanent immigrants with green cards "without significantly harming the American workforce. But we have to do it the right way."
Among the issues, says Hira, is the thorny question of "who are we going to grant employment-based permanent residence to?" Educational level attained (bachelor's, masters or Ph.D) and the academic area studied by potential residents are apt to be factors in that.
Hira said that one "significant problem" with the Lofgren bills "has to do with using exemptions as a way around tackling the decision of how many [to grant]," and he added the plan to "recapture" was a gimmick to get around the quota issue. Among the questions Congress should look at, says Hira, is the impact of the changes; he indicated, for instance, that the legislation may change incentives, prompting foreign nationals to seek degrees from any U.S. school they can because it will be seen as a path to permanent residency.
May 14, 2008 (Computerworld) Efforts to increase the H-1B cap have been stuck in a legislative swamp, but U.S. Rep. Zoe Lofgren (D-Calif.) has introduced three bills in the last few weeks to help foreign nationals already working in the U.S. to obtain permanent residency. She announced her latest legislative effort late Wednesday.
Fixing the permanent residency, or green card employment-based, visa program has been a top legislative goal of high-tech industry proponents, on par with their efforts to raise the H-1B cap.
And Lofgren, who heads the U.S. House Subcommittee on Immigration, is in the position to move legislation to the head of the class. But it remains to be seen whether she can jump over the legislative stalemate created by lawmakers who want comprehensive immigration reform or nothing at all.
Lofgren's latest bill, HR 6039, which is not yet available online, will exempt graduates of U.S. universities with advanced degrees in science and tech -- the so called STEM degrees (science, technology, engineering, mathematics) -- from the annual 140,000 limit on these permanent residency visas. The bill was officially introduced yesterday.
In a statement, Lofgren said that more than 50% of graudates with advanced degrees in science and engineering are foreign-born. "If we want our economy to continue competing in the global market, we have to retain these foreign students so they compete with us instead of against us in other countries. These men and women are the innovators of tomorrow, and we aren't the only ones looking to retain their talents. Increasingly, employers from Europe, Australia, Canada, and even China and India, are beating U.S. employers for valuable talent," said Lofgren.
That bill is closely tied to legislation introduced earlier this month by Lofgren, HR 5921. That bill seeks to eliminate the per-country caps on employment-based visas. The U.S. caps at 7% per country the number of employment-based visas issued to would-be visiting workers. "Because of this cap, a Chinese or Indian post-graduate at he top of his/her class at MIT may have to wait half a decade or more for a green card, much longer than a student from a less-populated country," said Lofgren, in a statement released when the legislation was announced.
Although much of the focus has been on the H-1B cap and its 85,000-visa quota, which includes the 20,000 set aside for holders of advanced degrees, high-tech industry proponents say the difficulty in getting permanent residency for their employees is as much a problem as getting H-1B visas.
Microsoft has about 4,000 employees for whom it is trying to gain permanent residency, said Jack Krumholtz, managing director of federal government affairs at Microsoft. They face long waits because of the green card backlog, suffering personal and professional frustrations along the way, Microsoft Corp. Chairman Bill Gates testified.
"We only hire people that we think can contribute to our innovation and corporate bottom line over the long haul, so we move immediately to apply for green cards for you and your family members," said Krumholtz, who said Microsoft is supporting Lofgren's legislative effort.
The typical path for a tech worker is, first, work after graduation on a student visa -- a period that was recently extended by the Bush administration from a year to 29 months -- and then an H-1B visa until employment-based permanent residency can be achieved.
Other legislative steps taken by Lofgren include a bill that would take unused employment-based green cards and essentially roll them over for resuse in a subsequent year. That bill is HR 5882. There are Republican co-sponsors for each of these bills.
Lofgren's across-the-aisle backers of these bills include U.S. Reps. Chris Cannon (R-Utah), Jim Sensenbrenner (R-Wisc.) and Bob Goodlatte (R-Va.).
Ron Hira, an assistant professor of public policy at the Rochester Institute of Technology, said he believes the U.S. can absorb more highly skilled, permanent immigrants with green cards "without significantly harming the American workforce. But we have to do it the right way."
Among the issues, says Hira, is the thorny question of "who are we going to grant employment-based permanent residence to?" Educational level attained (bachelor's, masters or Ph.D) and the academic area studied by potential residents are apt to be factors in that.
Hira said that one "significant problem" with the Lofgren bills "has to do with using exemptions as a way around tackling the decision of how many [to grant]," and he added the plan to "recapture" was a gimmick to get around the quota issue. Among the questions Congress should look at, says Hira, is the impact of the changes; he indicated, for instance, that the legislation may change incentives, prompting foreign nationals to seek degrees from any U.S. school they can because it will be seen as a path to permanent residency.
more...
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senthil1
06-20 02:23 PM
This is a very valid point. If employer or his lawyer asks more money in fees for filing I485 it is always better to go thro employer if he files I485 promptly. But if the delay is intention of the employer then use your own Lawyer.
I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.
U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.
Don't fall into ur employer - lawyer trap
I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.
U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.
Don't fall into ur employer - lawyer trap
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rajuseattle
07-21 11:51 AM
NSC: July 02nd 2008
Received Paper Receipts: July 11 2008
Waiting for the FP notices.
Received Paper Receipts: July 11 2008
Waiting for the FP notices.
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rb_248
01-04 08:31 AM
A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D
Just when I thought that we have seen it all........
Just when I thought that we have seen it all........
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isantem
07-29 08:21 PM
Oh and by the way, may not be me or you waiting for Indian/Chinese GC's but could be your kid and mine. Let's have this talk again in a decade or two given GDP growth,debt and deficits of US and GDP growths/deficits/market size of India/China.
Never say never, I dont know what my kids will do, they will go where is best for them.
And Best is not just GDP, Romania hast 4 times more GDP per capita compared to India, but I don't see my self going back there. Coruption, stupid mentality, etc. dis will not change with GDP growth, to change the mentality of the people you need a couple of generation to die until you get somwhere close to USA.:(
Never say never, I dont know what my kids will do, they will go where is best for them.
And Best is not just GDP, Romania hast 4 times more GDP per capita compared to India, but I don't see my self going back there. Coruption, stupid mentality, etc. dis will not change with GDP growth, to change the mentality of the people you need a couple of generation to die until you get somwhere close to USA.:(
more...
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inthehole
07-21 02:35 PM
Renewal Filed & RD - June 16,2008
sent docs - June 24,2008
FP - July 12,2008
LUD - June 26, July 12, July 15, July 20
status - pending
sent docs - June 24,2008
FP - July 12,2008
LUD - June 26, July 12, July 15, July 20
status - pending
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qualified_trash
12-13 04:15 PM
What makes you this guys advocate?
A lot of us can do and will do many things. Your argument does not stand ground. I dont ahave anything against this guy. I have a problem with the system that permits this activity. Because its not fair. By the way I seriously doubt this happens to people in my situation. This is typical of "desi consultant companies". So once again pontiff i dont have a grudge against this guy but the system that allows this to take place.
finally we agree!! I agree that the system is inherently unfair.
but the folks taking up cudgels on this thread seem to go for the poor poster's head :-))
as I have said earlier, if this person does jump ahead, he/she would have jumped ahead of me, and you and many more like us.
but, he/she is doing what is best for themselves. would you not? peace!!
A lot of us can do and will do many things. Your argument does not stand ground. I dont ahave anything against this guy. I have a problem with the system that permits this activity. Because its not fair. By the way I seriously doubt this happens to people in my situation. This is typical of "desi consultant companies". So once again pontiff i dont have a grudge against this guy but the system that allows this to take place.
finally we agree!! I agree that the system is inherently unfair.
but the folks taking up cudgels on this thread seem to go for the poor poster's head :-))
as I have said earlier, if this person does jump ahead, he/she would have jumped ahead of me, and you and many more like us.
but, he/she is doing what is best for themselves. would you not? peace!!
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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 –
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 –
gcdreamer05
08-08 10:38 AM
Hi All
I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date
I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.
My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.
There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...
I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).
I believe my H1-B has been automatically canceled on immediate approval of GC.
How do I get my future wife to USA?. What are the options left out to me now?.
Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.
--Suresh
Hi Suresh,
I saw a similar post in this forum about someone being single and getting GC approved, at that time lot of users suggested withdrawing the 485 app, if you had withdrawn it then you could have filed it again later.
I personally feel, marriage and life is more important than a plastic card.
Try for h1b or f1 visa, if you had got married before approval atleast you could have tried follow to join.
All the best.
I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date
I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.
My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.
There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...
I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).
I believe my H1-B has been automatically canceled on immediate approval of GC.
How do I get my future wife to USA?. What are the options left out to me now?.
Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.
--Suresh
Hi Suresh,
I saw a similar post in this forum about someone being single and getting GC approved, at that time lot of users suggested withdrawing the 485 app, if you had withdrawn it then you could have filed it again later.
I personally feel, marriage and life is more important than a plastic card.
Try for h1b or f1 visa, if you had got married before approval atleast you could have tried follow to join.
All the best.
sam_hoosier
12-28 03:43 PM
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
This has been mentioned earlier in various threads - it is 180 days from the receipt date, and not from filing date.
Not everyone who filed on July 2nd has the same receipt date.
Pls check your RD for when your 180 day period ends.
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
This has been mentioned earlier in various threads - it is 180 days from the receipt date, and not from filing date.
Not everyone who filed on July 2nd has the same receipt date.
Pls check your RD for when your 180 day period ends.
