pappu
11-06 03:28 PM
Check this:
http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf
Defendants assert that the background check is a complex
process that must accommodate an extremely large volume of requests
from the USCIS. Given the backlog of name-check requests and the
FBI�s limited resources, they maintain that the delay of two and a
half years in processing Mr. Liang�s background check is not
unreasonable. There is some validity to these points, and the
Court appreciates that the name-check process is indeed complex and
resource-intensive. But limited resources or not, a common-sense
rule of reason dictates that if the FBI was performing background
checks with due diligence, it would not take two and a half years
to process Mr. Liang�s name. While the Court is sympathetic to the
demands placed on the FBI and the limited ability of the USCIS to
control how the FBI allocates its resources, a lack of sufficient
resources devoted to name-check operations is a matter for the
agencies to take up between themselves or with Congress. The
executive branch must decide for itself how best to meet its
statutory duties; this Court can only decide whether or not those
duties have been met.
See Dong, 2007 WL 2601107 at *11 (�[I]t is
not the place of the judicial branch to weigh a plaintiff�s clear
right to administrative action against the agency�s burdens in
complying.�).
Moreover, although there is no Congressionally mandated
timetable for the processing of I-485 applications, Congress has by
statute expressed its view of what a reasonable amount of time is:
�It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
after the initial filing of the application.� 8 U.S.C. � 1571.
The Court recognizes that this statute was enacted prior to the
events of September 11, 2001, and that the burdens on agencies with
responsibility for immigration matters have since increased.
Nonetheless, Plaintiffs� applications have been pending for five
times the length of the period identified by Congress.
Defendants argue that expediting Mr. Liang�s name check will
prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.
While this would
be unfortunate, Defendants� failure to fulfill their statutory duty
to other applicants has no bearing on whether they have fulfilled
their statutory duty to Plaintiffs, and thus cannot serve as a
basis for denying Plaintiffs� motion.
While Defendants worry that
granting Plaintiffs relief may reward �the more litigious
applicants� or encourage other applicants to file lawsuits,
�perhaps recognizing this possibility will provide the defendants
with adequate incentive to begin processing [I-485] applications in
a lawful and timely fashion in order to obviate the applicants�
need to resort to the courts for redress.� Dong, 2007 WL 2601107
at *12.
http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf
Defendants assert that the background check is a complex
process that must accommodate an extremely large volume of requests
from the USCIS. Given the backlog of name-check requests and the
FBI�s limited resources, they maintain that the delay of two and a
half years in processing Mr. Liang�s background check is not
unreasonable. There is some validity to these points, and the
Court appreciates that the name-check process is indeed complex and
resource-intensive. But limited resources or not, a common-sense
rule of reason dictates that if the FBI was performing background
checks with due diligence, it would not take two and a half years
to process Mr. Liang�s name. While the Court is sympathetic to the
demands placed on the FBI and the limited ability of the USCIS to
control how the FBI allocates its resources, a lack of sufficient
resources devoted to name-check operations is a matter for the
agencies to take up between themselves or with Congress. The
executive branch must decide for itself how best to meet its
statutory duties; this Court can only decide whether or not those
duties have been met.
See Dong, 2007 WL 2601107 at *11 (�[I]t is
not the place of the judicial branch to weigh a plaintiff�s clear
right to administrative action against the agency�s burdens in
complying.�).
Moreover, although there is no Congressionally mandated
timetable for the processing of I-485 applications, Congress has by
statute expressed its view of what a reasonable amount of time is:
�It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
after the initial filing of the application.� 8 U.S.C. � 1571.
The Court recognizes that this statute was enacted prior to the
events of September 11, 2001, and that the burdens on agencies with
responsibility for immigration matters have since increased.
Nonetheless, Plaintiffs� applications have been pending for five
times the length of the period identified by Congress.
Defendants argue that expediting Mr. Liang�s name check will
prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.
While this would
be unfortunate, Defendants� failure to fulfill their statutory duty
to other applicants has no bearing on whether they have fulfilled
their statutory duty to Plaintiffs, and thus cannot serve as a
basis for denying Plaintiffs� motion.
While Defendants worry that
granting Plaintiffs relief may reward �the more litigious
applicants� or encourage other applicants to file lawsuits,
�perhaps recognizing this possibility will provide the defendants
with adequate incentive to begin processing [I-485] applications in
a lawful and timely fashion in order to obviate the applicants�
need to resort to the courts for redress.� Dong, 2007 WL 2601107
at *12.
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485Mbe4001
10-03 02:38 PM
i dont think the country makes a big difference, i have two friends stuck in name check (one was born in canada with an english first and last name). i think its the combination of the name, DOB and a crappy system
Are there certain countries that seem to have an eaiser time clearing name checks? I am from Canada- does anyone have any info?? Thanks
Are there certain countries that seem to have an eaiser time clearing name checks? I am from Canada- does anyone have any info?? Thanks

gveerab
08-21 11:58 AM
MetroPCS has a plan with unlimited international calling with $50 mobile phone plan.
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senthil1
04-24 02:57 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.
They refer to ads on Sulekha and other similar portals
On another note - consulting companies will workaround by creating multiple companies and applying h1b through various companies
They refer to ads on Sulekha and other similar portals
On another note - consulting companies will workaround by creating multiple companies and applying h1b through various companies
more...

pappu
01-07 09:08 PM
The campaign has begun. Lets all unite and make it successful. There is very slim chance of any legislative relief until after the Presidential elections. This is our best shot at this time.
Letter Template #7
<<Date>>
The Honorable George W. Bush
President of the United States
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Dear Mr. President:
I write today to urge you to fix America's broken legal employment-based immigration system. Highly skilled professionals in various high-technology fields currently facing a long wait of 6 to 12 years, find themselves trapped in a legal maze, and are unable to advance in their careers. Changing jobs, even with the same employer, means the process must be started over again.
Mr. President, you can make changes that would impart fairness and dignity to this arduously long process and improve the quality of life of these half a million hard-working professionals. Mr. President, I appeal to you to implement administrative reforms to:
Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.
Revise the administrative definition of "same or similar" to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.
Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.
Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.
Allow visa revalidation in the United States.
Reinstate premium processing of Immigrant Petitions.The above fixes are urgently needed to fulfill your stated goal of attracting and retaining highly-skilled legal immigrants from around the world, eliminating bureaucratic inefficiency, and improving the lives of future Americans already living and working legally in the United States.
I thank you for your attention to this matter.
Respectfully,
Name:
Address:
Letter Template #7
<<Date>>
The Honorable George W. Bush
President of the United States
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Dear Mr. President:
I write today to urge you to fix America's broken legal employment-based immigration system. Highly skilled professionals in various high-technology fields currently facing a long wait of 6 to 12 years, find themselves trapped in a legal maze, and are unable to advance in their careers. Changing jobs, even with the same employer, means the process must be started over again.
Mr. President, you can make changes that would impart fairness and dignity to this arduously long process and improve the quality of life of these half a million hard-working professionals. Mr. President, I appeal to you to implement administrative reforms to:
Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.
Revise the administrative definition of "same or similar" to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.
Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.
Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.
Allow visa revalidation in the United States.
Reinstate premium processing of Immigrant Petitions.The above fixes are urgently needed to fulfill your stated goal of attracting and retaining highly-skilled legal immigrants from around the world, eliminating bureaucratic inefficiency, and improving the lives of future Americans already living and working legally in the United States.
I thank you for your attention to this matter.
Respectfully,
Name:
Address:
english_august
07-11 12:27 AM
You are missing the "Support from Bollywood" article from your website! We will keep reporting here. Thanks for doing a great job.
It has been updated now with that information.
It has been updated now with that information.
more...
samrat_bhargava_vihari
06-29 05:38 PM
I am joining Law Suit. I am leaving this country, if they make it 'U' for Eb2 and Eb3 for India.
i don't see a point here. they no need to approve the cases if no visa numbers but what wrong to accept. thoguh I am effecting by this my feeling is that this is just a rumor.
i don't see a point here. they no need to approve the cases if no visa numbers but what wrong to accept. thoguh I am effecting by this my feeling is that this is just a rumor.
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STAmisha
06-29 03:47 PM
lOOKS LIKE IT. He tells something sensational and back tracks it
more...
rsharma
06-13 11:31 PM
H1B takes the job which he/she does, but L1s take at least 10+ jobs from US market to offshore.
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jo3350
04-17 09:03 PM
Yes this is true. last year i my wife's EAD was dealyed after 90 days so i walked into a USCICS centre and they said they no more issue INTERIM EAD's.
more...
kuhelica2000
01-24 12:18 PM
In my 10 year stay in the US, I have traveled through UK only once and I had promised to myself I will never fly through UK again. Apart from the Transit visa hassel, they do not allow you to carry a laptop in addition to your carry-on. Even if the airline allows you to carry laptop in addition to a carry-on, the obnoxious UK airport authority will force you to pack your laptop inside your carry-on.
Boycott UK!!
Boycott UK!!
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chanduv23
07-11 07:28 AM
http://samachar.com/showurl.php?rurl=http://sify.com/finance/fullstory.php?id=14490148
Green card seekers take to 'Gandhigiri' in US
Wednesday, 11 July , 2007, 11:13
Washington: In an eloquent display of Gandhigiri, unhappy Indian green card seekers sent hundreds of flowers to the US immigration agency to protest a last minute reversal in policy that would impede their way to permanent residency.
Inspired by the hit Hindi movie Lage Raho Munnabhai that extolled Gandhian ways of non-violent protest, the green card applicants plan to send around a thousand flower deliveries to US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez in a three-day campaign that started on Tuesday.
The protest followed the abrupt reversal last week of a June announcement offering expedited processing of green card petitions for thousands of skilled foreign professionals working under H1-B visas - reserved for skilled workers in computing, engineering and other special professions.
Thousands of such visa holders scrambled and spent money on lawyers and medical exams to beat the July 1 deadline for green card applications. The abrupt change sent them back to the queue for 2008.
Besides India, skilled workers from China, Poland and many other countries will now have to spend more time and money to get the coveted green cards - a halfway house to US citizenship.
"The idea is to push them to honour their earlier notification," said Aman Kapoor, founder of Immigration Voice, a forum that inspired the unusual protest.
Indians are the worst hit by country quota caps for immigration visas, which treat a billion strong India, boasting a highly skilled workforce, on par with a country like Trinidad and Tobago of one million souls, he said.
On its part, the USCIS response was equally pacific. It plans to forward the flowers to Walter Reed Army Medical Centre and Bethesda Naval Hospital in Washington, the main facilities treating US soldiers wounded in Iraq and Afghanistan, said Gonzales in a statement on the agency website.
Green card seekers take to 'Gandhigiri' in US
Wednesday, 11 July , 2007, 11:13
Washington: In an eloquent display of Gandhigiri, unhappy Indian green card seekers sent hundreds of flowers to the US immigration agency to protest a last minute reversal in policy that would impede their way to permanent residency.
Inspired by the hit Hindi movie Lage Raho Munnabhai that extolled Gandhian ways of non-violent protest, the green card applicants plan to send around a thousand flower deliveries to US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez in a three-day campaign that started on Tuesday.
The protest followed the abrupt reversal last week of a June announcement offering expedited processing of green card petitions for thousands of skilled foreign professionals working under H1-B visas - reserved for skilled workers in computing, engineering and other special professions.
Thousands of such visa holders scrambled and spent money on lawyers and medical exams to beat the July 1 deadline for green card applications. The abrupt change sent them back to the queue for 2008.
Besides India, skilled workers from China, Poland and many other countries will now have to spend more time and money to get the coveted green cards - a halfway house to US citizenship.
"The idea is to push them to honour their earlier notification," said Aman Kapoor, founder of Immigration Voice, a forum that inspired the unusual protest.
Indians are the worst hit by country quota caps for immigration visas, which treat a billion strong India, boasting a highly skilled workforce, on par with a country like Trinidad and Tobago of one million souls, he said.
On its part, the USCIS response was equally pacific. It plans to forward the flowers to Walter Reed Army Medical Centre and Bethesda Naval Hospital in Washington, the main facilities treating US soldiers wounded in Iraq and Afghanistan, said Gonzales in a statement on the agency website.
more...
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apb
10-06 01:14 PM
Great to hear your wife's approval and hope she is doing fine now, after the emergency.
Appreciate your helpful attitude towards others who are struggling with USCIS process.
After the infopass for me and my wife, we had multiple soft/hard luds and status changed to case moved to local office.
Received mail that we would be called for interview.
Wish they get this fast when the dates are current.
Appreciate your helpful attitude towards others who are struggling with USCIS process.
After the infopass for me and my wife, we had multiple soft/hard luds and status changed to case moved to local office.
Received mail that we would be called for interview.
Wish they get this fast when the dates are current.
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addsf345
09-22 06:52 PM
any news from sunrocket (teleblend in its new avatar)?
more...
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anilkumar0902
08-17 02:16 PM
congrats.....
Nrk,
Looks like you were on a roll congratulating a lot of folks :D
Thanks bud
Cheer
Nrk,
Looks like you were on a roll congratulating a lot of folks :D
Thanks bud
Cheer
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sri1309
09-11 07:44 PM
How do I start a new thread,
Please help,
Thanks,
Sri.
Please help,
Thanks,
Sri.
more...
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PDOCT05
10-08 10:34 AM
I am july 3rd filer, still waiting for receipt. In your e-mail you said there was LUD on your I-140 date 07/28. What it means...did you file I-140 and I-485 together? is there any connection in getting receipt of I-485 and LUD on I-140, just curious becasue I am also seeing LUD of 07/28 on my I-140 but my I-140 got approved in 2006.
Waiting for reply.
I am also july 3rd filer with I-140 LUD of 7/28. What i believe they touched our application on that day.My 140 also approved on 2006.
Waiting for reply.
I am also july 3rd filer with I-140 LUD of 7/28. What i believe they touched our application on that day.My 140 also approved on 2006.
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ashres11
09-20 01:00 PM
What case related info you would add in an email?
SSN, dob, 140 info, approval date, Alien number?
Pls. share this detail
Thanks
tracking no. and date and time.
SSN, dob, 140 info, approval date, Alien number?
Pls. share this detail
Thanks
tracking no. and date and time.
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caliguy
10-06 01:11 AM
@ SOP
Can you please provide me the sequence to call TSC using the POJ method? Based on what I read earlier in another thread, it was mentioned to choose option 4 which is to reports cases that were seperated. I tried that, reached an IO. IO told me that I should not be calling that number to check the status of my case. Do I need to choose another option?
Thanks!
Caliguy,
POJ method can be used for all cases that are current and in the processing window...just keep on trying ur luck and I am sure you'll land a decent CSR who will be much much more useful and worth your trials and efforts.
Be persistent and you have every right to be after all you came this far.
Write to Janet Napolitano and mention that you are unfairly getting delayed and that you want to know what is holding your application and all checks and clearances done and visa number is available...
SoP
Can you please provide me the sequence to call TSC using the POJ method? Based on what I read earlier in another thread, it was mentioned to choose option 4 which is to reports cases that were seperated. I tried that, reached an IO. IO told me that I should not be calling that number to check the status of my case. Do I need to choose another option?
Thanks!
Caliguy,
POJ method can be used for all cases that are current and in the processing window...just keep on trying ur luck and I am sure you'll land a decent CSR who will be much much more useful and worth your trials and efforts.
Be persistent and you have every right to be after all you came this far.
Write to Janet Napolitano and mention that you are unfairly getting delayed and that you want to know what is holding your application and all checks and clearances done and visa number is available...
SoP
meghanap2000
10-26 04:52 PM
FatJoe,
Got an email from USCIS stating that there is an change in status... This email showed new status as Card Prodn Ordered...
This was early evening 22'nd Oct.... Got two emails - one for me and one for my wife... exactly identical email.
Then later at night (closer to midnite NSC time i think), i received the same two emails for me and my wife again.... not sure why.
Since then no other emails.... So far, i have only recvd CPO email.... no other emails at all...
Donot worry about 2 emails. That normally happens for alomost any approval email from USCIS. I always got 2 emails from USCIS in approval of my every case like h1b ext, 485 etc..
You may not receive any more email from USCIS about your 485. But USCIS will send 485 approval courtesy copies to you and originals to your attorney. So please contact your attorney after 3 or 4 business days and collect your original i485 apporvals. You will receive your green cards with in 1 week. I received CPO mail on oct 17th and received green cards on oct 24th.
Please let me know if you need any more info.
Got an email from USCIS stating that there is an change in status... This email showed new status as Card Prodn Ordered...
This was early evening 22'nd Oct.... Got two emails - one for me and one for my wife... exactly identical email.
Then later at night (closer to midnite NSC time i think), i received the same two emails for me and my wife again.... not sure why.
Since then no other emails.... So far, i have only recvd CPO email.... no other emails at all...
Donot worry about 2 emails. That normally happens for alomost any approval email from USCIS. I always got 2 emails from USCIS in approval of my every case like h1b ext, 485 etc..
You may not receive any more email from USCIS about your 485. But USCIS will send 485 approval courtesy copies to you and originals to your attorney. So please contact your attorney after 3 or 4 business days and collect your original i485 apporvals. You will receive your green cards with in 1 week. I received CPO mail on oct 17th and received green cards on oct 24th.
Please let me know if you need any more info.
va_dude
09-23 05:26 PM
i dont think you will see a spike for jul/aug 2007 because thousands of apps got filed then, but this report is based off of the PD, not the date the 485 was applied.
hope i'm making sense.
5pm.. time to check out :)
hope i'm making sense.
5pm.. time to check out :)


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