Sunday, June 12, 2011

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  • gcdreamer05
    11-18 02:11 PM
    May be they are upgrading their systems, there was a post in this forums about uscis plans to merge 3 databases etc... may be its happening at last.:D




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  • pappu
    02-02 02:54 PM
    House Immigration Subcommittee Holds Hearing on Naturalization

    On January 17, the House Immigration Subcommittee held its first oversight hearing of the year, and the subject was the naturalization processing backlogs. Due to a confluence of factors, including a very significant fee increase that went into effect on July 30, 2007, U.S. Citizenship and Immigration Services (USCIS) received approximately double the number of naturalization applications in its Fiscal Year 2007 than it had during the previous year. USCIS is saying that, as of now, anyone who applied for naturalization after June 1, 2007, can expect to wait 16 to 18 months to have their application processed.

    Remarks by Subcommittee Members

    In her opening comment, Representative Zoe Lofgren (D-CA), Chair of the Subcommittee, noted that one year ago, the Subcommittee had a hearing on the proposed fee increase, and was told by USCIS that it need the fee increase to increase efficiency. At the time, the processing time for citizenship applications was six months.

    Representative Steve King (R-IA), the ranking Republican on the Subcommittee, played the role of immigration historian. In his opening statement (and in his questioning), he focused almost exclusively on the INS� Citizenship USA program of ten years ago�back in the day before computers were standard issue in the immigration agency. In that effort to deal with a naturalization backlog, some applicants were granted citizenship before criminal background checks were completed, and some who received citizenship were found later not to be eligible. (Since then, however, much more stringent processes have been put in place to screen applications for naturalization. And the agency now does have computers.)

    USCIS Director Emilio Gonzalez

    Emilio Gonzalez, Director of USCIS, gave some background on the development of the backlog and summarized what USCIS was doing about it. During June, July, and August of last year, USCIS received three million immigration benefit applications of all kinds. Their first priority was issuing receipts for those applications. Next, they processed and sent work authorizations, which they are required to do within 90 days.

    In the meantime, a large number of naturalization applications piled up. To deal with the extra workload, USCIS is hiring 1,500 new employees (in addition to the extra staff they planned to hire after the new fees went into effect). The agency is also re-hiring former (retired) employees. While waiting for the additional staff to be trained and deployed, the agency will be asking current staff to work overtime, using budgeted overtime early in the Fiscal Year.

    Other steps are also being taken. Still, Mr. Gonzalez noted (in his written testimony) that it will take until the third quarter of Fiscal Year 2010 before the agency is back to a six-month processing time.

    During the question and answer session, there was a fair amount of discussion about a portion of the backlog that preceded the surge in applications and was caused by a delay in the background checks conducted by the FBI. Some individuals have been in limbo for well over a year waiting for clearance from the FBI, and Mr. Gonzalez noted that last year more than 5,000 lawsuits were filed against the agency�80% on the FBI name check delays. The FBI, he said, has a paper-based system that is only beginning to be addressed. For now, it takes people to handle the files. The FBI has brought on some additional contract personnel and full-time employees to work on this problem.

    Rep. Lofgren said that she would ask the FBI to come before the Subcommittee to explain its perspective on the name check delays. [Subsequently, we were told that the full Judiciary Committee will have a hearing with the FBI on a range of issues, including the name check issue.]

    Non-Government Witnesses

    Also testifying at the hearing were Arturo Vargas, Director of the National Association of Latino Elected and Appointed Officials and Fred Tsao, Policy Director for the Illinois Coalition for Immigrant and Refugee Rights. Mr. Vargas said that his organization kept USCIS apprised of its efforts to get immigrants to become citizens and the agency should have taken that information, plus experience with past fee increases, into account to take steps to be better prepared for the surge in applications. NALEO is recommending that the agency focus sufficiently on reducing the backlog so that all immigrants who applied for naturalization in Fiscal Year 2007 (which ended September 30, 2007) are sworn in as citizens by July 4, 2008. Otherwise, many immigrants who applied for citizenship last summer will not be able to vote in the elections this November.

    Mr. Tsao echoed the point about USCIS having ample information that a surge in applications was coming. He recommended that USCIS (and the FBI) report regularly to the Subcommittee regarding progress being made on reducing the backlog.

    In concluding the hearing, Rep. Lofgren suggested that she might also conduct a hearing on the agency�s information technology.

    Additional Information

    In a subsequent meeting with community-based organizations, Michael Aytes, Associate Director for Domestic Operations of USCIS, gave some additional specifics on the status of the naturalization backlogs. He noted that the total number of new employees being hired will be approximately 3,000�between the additional staff they are hiring to deal with the backlog and the extra staff being paid for by the fee increases. Regarding the FBI name check issue, he noted that, during the House hearing, every member of the Subcommittee�Republican and Democrat�inquired about the name check issue, and that this issue is now being dealt with at high levels both in the Justice Department (in which the FBI is located) and in DHS. He indicated that decisions have been made on the hiring of many of the new adjudicators that are being brought on board, but training and placement are still weeks away, at least.

    He also said that the agency is starting Saturday and evening interviews, and applicants should be encouraged to make every effort to show up for their interviews.




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  • sk.aggarwal
    04-07 09:37 AM
    I depends on you, how much risk you want to take ... I can tell what happened with me ....

    Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.

    I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself




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  • krishnam70
    03-26 12:41 AM
    I just got approved for my 3 year extension I am on my 7 th year now.
    I just got a request from HR saying that I need to sign a promissory note for the total amount spent by my employer on H1b realted fees.

    So in short they are asking me to sing the promissory note to get reimbursement for part of the lawyer fees I had paid for this visa extension.

    Here are the important points:
    0. Total amount is like $3K.
    1. 50% owed after 1 year
    2. 0% owed after two years of service.
    3. 100% owed when employment is terminated by either party :-0
    4. 10% per annum interest after the 31st day of termination.

    Is this even legal , or it lies in the gray areas for any body to interpret anything they want.
    I dont care about the money, but I think this is borderline harassment.

    Note:This is not a desi consulting co.


    -R

    Employer cannot charge for H1b related expenses or GC expenses. It is illegal to do so and if reported could result in blackisting. IN fact I encourage you to do so

    - cheers
    kris



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  • GCNaseeb
    10-30 06:04 PM
    I may have to use it for work from January as I am invoking AC21. I am confused now whether to re-apply or just use it like as it is.

    My attorney informed USCIS about the typo error when they received the AOS receipts , but it looks like EAD Card was ordered before USCIS was notified. My Advance Parole has also mis-spelled Lastname. I have USCIS letter confirming typo error attached to my case. Would this be a sufficient proof that my EAD has a different Lastname which is only a typo error?

    Gurus please advise.

    http://immigrationvoice.org/forum/showpost.php?p=190382&postcount=1




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  • Munna Bhai
    11-16 04:03 PM
    I have applied for my 485 in July because then the PD's were current. Now the PD's are moved back . Does that i will get my GC delayed too. Does the processing of 485 is related to PD's . I thought the PD's are only related to the dates when you can apply for 485 not processing. Correct me if i am wrong.if PD's are also related to getting GC's then what the I-485 processing dates?

    same question I wanted to ask?? Any inputs??



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  • fcres
    08-08 10:11 AM
    What i have heard is that the RFE for I140 are mostly for ability to pay and for educational qualifications.




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  • msp1976
    01-09 03:31 PM
    1. Do I Need an airport transit visa since iam travelling via France ?
    Depends on the airline..Air India would let you board...Other airlines may not allow you to board.I have heard of cases some people getting sent back from airport.Do not know anyone firsthand..Air India told my wife that they would not deny boarding and anything happens in Paris that is her risk.She got the transit visa from french consulate just to be on the safer side...noone came to check it when plane at paris.

    2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal)
    Faster in US in India consulate that in India offices..At least NY is fast

    3. Can I travel with an expired H4 visa ?
    The only requirement for exiting the US is I-94...Usually they just take it and not even look at it....You can travel to a destination outside US...They would let you leave...No coming back without valid visa..

    You can travel inside the US...Just keep the USCIS application receipt copy with you....You can show that copy as proof that you are making attempts to maintain legal status..



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  • Pallavi79
    02-21 08:49 AM
    I have one ing savings account and one Bank of America account. I do automatic transfer between these accounts penny per month. that should keep my accounts active.

    If I do not get job in another one,two months, I have to pack my bags.




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  • yestogc
    03-04 08:42 PM
    Either you can enrich your skills by joining some short term courses or do small work (like teaching kids/ day care/ dance classes/ singing etc) where in you can earn CASH .................. I am not sure of your background so cannot comment on choices that you have.



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  • luckylavs
    07-16 12:48 PM
    hk196712 ,

    Please dont mind , when you ask / post a question please provide a brief describtion about ur situation which will enable all the readers and gurus to provide you an accurate answers. Say for example : PD, date filed and other details that you can see on many of signatures. Insdead of asking 10 questions to you , you might get the answer straight away...
    Not just you , but many of the users who are new to this form , please first explain your situation with details and then ask the actual question.

    Thanks




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  • SGP
    11-27 04:56 PM
    I can't agree less with snathan



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  • indianabacklog
    06-25 11:35 AM
    Had to pay all fees myself. Filed myself so no lawyer fees.




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  • snathan
    11-27 01:16 PM
    My situation:

    I've been given offers by two companies, A and B.
    I am currently under my F1 student visa, OPT status, my OPT started at July 2010.

    Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.

    Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.

    My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.

    I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!

    You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.



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  • H1B2GC
    10-02 06:24 PM
    USCIS addresses RFE's to attorney who represents you, you will not get the RFE. Even if you call USCIS, they will not provide you with clear details.

    Try calling them to know about your RFE; you might get lucky!




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  • sareesh
    02-15 11:07 AM
    To answer your question yes, you have to mention MS + 0 or BS + 5.

    Thanks,
    SG.



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  • wandmaker
    11-19 09:10 AM
    gemini23: Copy of the Passport biographic information pages + Visa Page, I-94 Obtained at POE, all I-797s obtained after last stamped visa, 485 Receipt Notice, EAD card + Cover Letter + 765 Form + Fee




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  • pointlesswait
    07-18 04:55 PM
    you could have applied for h1 extension with the old employer and got 3 years extension...

    since you changed your job..and you have less than 1 year of time left for yoru 6 years of h1 to expire..i am sorry mate ..looks like you cannot get h1 extension..(as ur new labor PD) shoudl be atleast 1 year old...get my drift..

    > you shoudl have got ur h1 extended and changed your job
    > or u shoudl have started ur GC process atleast 1 year before the 6 year expires..


    gurus..shed some light!




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  • TexDBoy
    02-06 03:32 PM
    Hi All,

    I got promoted to Manager but my GC is applied for a Consultant 2 position (Developer Job Description). My Lawyers do not think it is an issue since it has been more than 6 months of my 485 application.

    Is this really true?

    Thanks,
    Kaushik

    Hi Kaushik,

    Are you filing an H1B Amendment to reflect your new position




    j0se
    08-15 03:24 PM
    cheers

    that's a really nice piece of work, btw
    :)




    sent
    07-31 07:40 AM
    Hi Gurus,

    I got an offer from a company and having the LCA case number with me. Is there any way that I can find the job description using my LCA case number? or else anyone tell me how to find the job description?

    Thanks
    -sent



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