yabadaba
06-26 09:30 PM
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ak_2006
11-25 01:46 PM
Hi Pappu and IV Sr.Members,
Thanks for the updates and hard work.
Thanks for the updates and hard work.
dreamworld
09-27 10:35 PM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
enggr... First Welcome IV!!! The great place to meet like minded people.
If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.
Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.
In any case, You need to respond to RFE with a good business case. and go for the next step.
Good luck buddy.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
enggr... First Welcome IV!!! The great place to meet like minded people.
If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.
Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.
In any case, You need to respond to RFE with a good business case. and go for the next step.
Good luck buddy.
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illinois_alum
07-24 02:33 PM
Self E-Filed for wife on June 24'08
FP: July 16'08
No word on approval yet!
PD: Feb 18 '06
I-140 Approved June '06
I-485 Filed July '07
FP: July 16'08
No word on approval yet!
PD: Feb 18 '06
I-140 Approved June '06
I-485 Filed July '07
more...
ganguteli
04-13 10:05 PM
Its good that you are thinking of ideas but I do not think you know about the reason why we are all here on IV. Here is why.
#1 You need o spend time on IV and learn about it rather than just coming , opening a new ID and posting a big idea.
#2 You have not seeing Lobbying in Action. Go see yesterday's 60 minutes and how IRA controls US politics via lobbying
#3 If charity was the way to get things done, Bill Gates would have been the first to get unlimited H1B visas every year for Microsoft.
#4 You need to establish your credibility on the forum by contributing so that people take you seriously.
#5 If you really want to raise $5 million and donate to America it will do nothing. How about raising 5 Million and donating in Africa and feed kids dying of hunger. It is better than investing in education of US kids who are anyways pampered and spoiled by free school education, free transport and free meals.
#6 Maybe you should do a lottery of $5 million once collected and ask all Americans if they want to win it. You will get more media attention if that is your purpose.
Now coming to the point of raising 5 million. Forget it man. Desis and Chinese are very frugal. Unless they are in deep immigration problem they will not even give you $5.
Now tell me how you are going to get email addresses. That is really a big plan. I think you should get those email addresses and give it to IV. But how will you do it? There is no such list buddy.
#1 You need o spend time on IV and learn about it rather than just coming , opening a new ID and posting a big idea.
#2 You have not seeing Lobbying in Action. Go see yesterday's 60 minutes and how IRA controls US politics via lobbying
#3 If charity was the way to get things done, Bill Gates would have been the first to get unlimited H1B visas every year for Microsoft.
#4 You need to establish your credibility on the forum by contributing so that people take you seriously.
#5 If you really want to raise $5 million and donate to America it will do nothing. How about raising 5 Million and donating in Africa and feed kids dying of hunger. It is better than investing in education of US kids who are anyways pampered and spoiled by free school education, free transport and free meals.
#6 Maybe you should do a lottery of $5 million once collected and ask all Americans if they want to win it. You will get more media attention if that is your purpose.
Now coming to the point of raising 5 million. Forget it man. Desis and Chinese are very frugal. Unless they are in deep immigration problem they will not even give you $5.
Now tell me how you are going to get email addresses. That is really a big plan. I think you should get those email addresses and give it to IV. But how will you do it? There is no such list buddy.
MerciesOfInjustices
02-21 07:28 AM
dear members,
dint had much time to go thro' your responses. but if senior ppl are targetting this fellow( mercies) for this thread, then i beg to differ. because as a member of IV, i have been answering "hadron" posts too at immigration portal.
I think all Mercies is trying to do is help IV out, by preparing answers of such questions which stupid ppl ask, so they can be put to a stop right away. Probably he's drawing your attention to some q's that all of you have answers for, just guide mercies to that post,
but i think all of your remarks have been directed towards merices only as if he's started it all.
i guess we outta stop ppl who are trying to defame this collective effort by giving them one-point answers.
have to get back to work.
P.S.: i dont want anyone to think im from numbersusa ;)
Exactly! I go by a different user name at Immigration Portal, and tried my best to counter hadron's posts. I only created this thread after I saw that no people in the know were countering this guy. I am a foot soldier, not an officer.
The post from rags4u is exactly what we needed. He and another IV guy is engaged in getting things under control, as I wanted.
I wonder if this person who did all this posting without reading what is posted on the site and wasted the valuable time of IV volunteers from an anti immigration group? Please do not get distracteed guys and all those people sitting ont he edge, join in and act!!
As for all of you guys who raise the scare of anti-immigrationists at the drop of the hat - go thru all of my posts, and you will find I cannot be from numbersusa. You can also check with IV's officers and they can get my name/address from my contribution check already deposited in IV's account!
Please try to counter propaganda wherever you can - that's how we will get more people to join! Efforts like mine do not waste time - they serve a purpose!
As it is, making most legal immigrants take part in this struggle, is like milking a male buffalo.
The most important part is indeed to 'milk the male buffalo', and one way is to engage them as much as possible. Believe me, I am trying my best at the other website - under a different user name (not hadron).
dint had much time to go thro' your responses. but if senior ppl are targetting this fellow( mercies) for this thread, then i beg to differ. because as a member of IV, i have been answering "hadron" posts too at immigration portal.
I think all Mercies is trying to do is help IV out, by preparing answers of such questions which stupid ppl ask, so they can be put to a stop right away. Probably he's drawing your attention to some q's that all of you have answers for, just guide mercies to that post,
but i think all of your remarks have been directed towards merices only as if he's started it all.
i guess we outta stop ppl who are trying to defame this collective effort by giving them one-point answers.
have to get back to work.
P.S.: i dont want anyone to think im from numbersusa ;)
Exactly! I go by a different user name at Immigration Portal, and tried my best to counter hadron's posts. I only created this thread after I saw that no people in the know were countering this guy. I am a foot soldier, not an officer.
The post from rags4u is exactly what we needed. He and another IV guy is engaged in getting things under control, as I wanted.
I wonder if this person who did all this posting without reading what is posted on the site and wasted the valuable time of IV volunteers from an anti immigration group? Please do not get distracteed guys and all those people sitting ont he edge, join in and act!!
As for all of you guys who raise the scare of anti-immigrationists at the drop of the hat - go thru all of my posts, and you will find I cannot be from numbersusa. You can also check with IV's officers and they can get my name/address from my contribution check already deposited in IV's account!
Please try to counter propaganda wherever you can - that's how we will get more people to join! Efforts like mine do not waste time - they serve a purpose!
As it is, making most legal immigrants take part in this struggle, is like milking a male buffalo.
The most important part is indeed to 'milk the male buffalo', and one way is to engage them as much as possible. Believe me, I am trying my best at the other website - under a different user name (not hadron).
more...
jasguild
07-16 10:59 PM
but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
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whattodo
07-19 04:45 PM
Desi, Do you have some .gov site that mentions this? These site are unreliable and I am sure USCIS will not entertain these as reply to any RFE.
LoL. You are such an idi***!
Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.
Here is another link:
Immigration Rights and Responsibilities of Scholars in H-1B Status
http://www.bu.edu/isso/scholars/h1-rights.html
Search for no later than 30 days after the I-797 start date
Before you ask: I don't work/study at Boston University.
________________________
Not a legal advice.
LoL. You are such an idi***!
Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.
Here is another link:
Immigration Rights and Responsibilities of Scholars in H-1B Status
http://www.bu.edu/isso/scholars/h1-rights.html
Search for no later than 30 days after the I-797 start date
Before you ask: I don't work/study at Boston University.
________________________
Not a legal advice.
more...
sr225
05-15 05:12 PM
would it even help people who did MS in stem from US university but are stuck in eb3 due to bad policies of their companies ?Or is this only for eb2 / eb1?
Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.
Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.
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sroyc
10-11 08:03 PM
A PhD does not automatically qualify you for EB1. There are a lot of other requirements. Unless you are in a research or teaching job, it's hard for PhD's to qualify for EB1. Besides, there's the small matter of getting an H-1B or O-1.
If she has a PHD in CSE she should look for a job get H1 and file Green Card in EB1 all off this can be done in 6 months! What's holding you back???? :)
If she has a PHD in CSE she should look for a job get H1 and file Green Card in EB1 all off this can be done in 6 months! What's holding you back???? :)
more...
GCard_Dream
06-26 04:26 PM
Great. Thanks. That's what I had thought until someone came out and said that digital photos are unacceptable.
Check the photo guidelines from USCIS website here is blurb
"For U.S. passport and visa photographs, a digital camera with a resolution of 1 mega-pixel will be more than adequate for capturing the image and producing the final photo that conforms to the dimensions specified on this web site.
and the link is
http://travel.state.gov/passport/guide/digital/digital_880.html
digital photos are OK if printed prpoerly.
Check the photo guidelines from USCIS website here is blurb
"For U.S. passport and visa photographs, a digital camera with a resolution of 1 mega-pixel will be more than adequate for capturing the image and producing the final photo that conforms to the dimensions specified on this web site.
and the link is
http://travel.state.gov/passport/guide/digital/digital_880.html
digital photos are OK if printed prpoerly.
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forever
08-06 09:44 PM
They are processing cases based on I-140 approval date. It is clear now.
What is the analysis for this conclusion?
What is the analysis for this conclusion?
more...
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bluekayal
07-13 03:28 PM
Congratulations Dinesh Sharma. I had Sch A II - that got retrogressed -- and now job loss, so I am stuck. But I am happy for you. All the best.
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nozerd
01-04 10:30 AM
The kids from the second marriage can definitely come. He can call the first wife get her the green card, then divorce her and go and marry the second wife and bring her here.
more...
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syzygy
07-10 09:17 AM
These losers have some infatuation with word "WAR* LOOOOO Doub labels us as *War on middle class* What a joke !
http://youtube.com/watch?v=Fx--jNQYNgA
Let's send as many letters to CNN and get his ass fired.
http://youtube.com/watch?v=Fx--jNQYNgA
Let's send as many letters to CNN and get his ass fired.
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Berkeleybee
02-26 09:52 PM
Sure, why not.
Can you have one of your students come up with some Chinese text for us? An 8x11 poster's worth? We can place that pdf in our resources section.
Here in the East Bay, the Pacific East Mall (incl Ranch 99) would be a great place for this.
Can you have one of your students come up with some Chinese text for us? An 8x11 poster's worth? We can place that pdf in our resources section.
Here in the East Bay, the Pacific East Mall (incl Ranch 99) would be a great place for this.
more...
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kalia
07-04 04:35 PM
Medical: $ 400.00
Lawyer: $3,000.00
Fedex: $ 100.00
Documents: $ 20.00
===================
TOTAL: $3,520.00 APR.
Tension that I have gone through on Friday, Saturday and Sunday: Can't estimate the cost
Frustration that I am going through since Monday Morning: Can't estimate the cost.
Please note that I am not counting any cost for taking the time off from work, spending time on collecting documents, phone call made to my parents in india. I am not even thinking the opportunity cost.
My parents had spent time and money going to the different agencies to get the affidavit and then sending it to me via courier. My parents had cancel their program so that their son and Daoughter in law and son in law and Daughter can get the paper quickly and can send the papers to USCIS.
Lawyer: $3,000.00
Fedex: $ 100.00
Documents: $ 20.00
===================
TOTAL: $3,520.00 APR.
Tension that I have gone through on Friday, Saturday and Sunday: Can't estimate the cost
Frustration that I am going through since Monday Morning: Can't estimate the cost.
Please note that I am not counting any cost for taking the time off from work, spending time on collecting documents, phone call made to my parents in india. I am not even thinking the opportunity cost.
My parents had spent time and money going to the different agencies to get the affidavit and then sending it to me via courier. My parents had cancel their program so that their son and Daoughter in law and son in law and Daughter can get the paper quickly and can send the papers to USCIS.
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HawaldarNaik
12-20 01:45 PM
For the past five years, i have been dealing with the SFO Indian consulate and they have been extremly efficient in processing my papers, when i have sent them over , be it for Visa or Passport.
Yes their customer service is not up to the standards but they have always responded positively within two weeks
Yes their customer service is not up to the standards but they have always responded positively within two weeks
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07-21 09:03 PM
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lazycis
02-28 01:49 PM
Can you please let us know the URL for the latest name check FAQ posted today.
http://boards.immigrationportal.com/attachment.php?attachmentid=17312&d=1204204596
Questions & Answers
BACKGROUND CHECK POLICY UPDATE
Q1. What applications are affected by this policy change?
A1. 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 from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).
Q2. How has USCIS changed its national security requirements?
A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) 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. 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. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)
Q3. How has USCIS changed its adjudications requirements?
A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
(more)
Q4. What happens if USCIS later receives adverse information from an FBI name check?
A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
Q5. Why is this policy being implemented?
A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
A6. Yes. Applications for lawful permanent residence will not 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 adverse information after the application is approved, removal proceedings may be initiated.
Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.
Q8. Does this policy change affect naturalization applications?
A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).
Q9. How long will it take for USCIS to work through the cases affected by the policy change?
A9. USCIS has begun identifying 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 the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
(more)
Q10. 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?
A10. No.
Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, 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. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)
Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
– USCIS –
http://boards.immigrationportal.com/attachment.php?attachmentid=17312&d=1204204596
Questions & Answers
BACKGROUND CHECK POLICY UPDATE
Q1. What applications are affected by this policy change?
A1. 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 from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).
Q2. How has USCIS changed its national security requirements?
A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) 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. 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. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)
Q3. How has USCIS changed its adjudications requirements?
A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
(more)
Q4. What happens if USCIS later receives adverse information from an FBI name check?
A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
Q5. Why is this policy being implemented?
A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.
Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
A6. Yes. Applications for lawful permanent residence will not 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 adverse information after the application is approved, removal proceedings may be initiated.
Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.
Q8. Does this policy change affect naturalization applications?
A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).
Q9. How long will it take for USCIS to work through the cases affected by the policy change?
A9. USCIS has begun identifying 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 the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
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Q10. 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?
A10. No.
Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, 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. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)
Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
– USCIS –
Eagle
12-01 09:21 PM
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
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