In the past week, the "Protest Blooms" campaign notched up the following wins:
Times of India article
Buzz in the blogosphere
Attention from many attorney websites and blogs
Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
Had a senior reporter from New York Times talk to me
Had the footage of this entire event shown on CNN in India
Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
Had USCIS director react to us
Had so much interest generated that the IV website was brought down ;)And all this was accomplished with a severe time crunch.
Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.
Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.
Like Nixstor said, lets learn from what went right and what went wrong to work on other events for the next time, instead of passing judgment and sarcastic comments from a high perch. I don�t object to your right to not participate in an event that in your view will not work. I do object to your comments which belittle the efforts of so many on this forum.
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Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.
It really is amazing how much hot air has been generated on this thread over a well established transit visa requirement.
The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.
The list of nationals that are required to have a visa to transit the UK represents a list of countries where there has been a particular problem with over stayers. It is not race based, but merely an effort to target the problem.
It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous.
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Nonimmigrant Visa Number: is this the contraol number of H1B stamping?
From first stamping or last one?
My last one I got from state department by mail. The 'psot' is mentioned as 'DEPARTMENT'. So if the control# from the last visa, then
'Consulate Where Visa Was Issued' will be what? Department?
All receipt numbers start with SRC******
This is the happiest day since July 17 for us....
I am very very hopeful that you guys will get it. Check your bacnk too today.
Do you think USCIS came to know about your "List compilation" activity and hence your receipt......I think I should take over list compilation now :p
Happy for you man...
No publicity is bad publicity... and I doubt the talk show hosts would poke fun at us for this creative form of protest.
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I am in a similar situation
I have EAD from an EB3 application and I applied for labor in EB2 with same company but different position while working in the new position on EB3 EAD
My eligible date for ac21 is Jan 2008
so are you saying I should only interfile 485 in Eb2 in jan 2011?
You reply would really appreciated since I am really confused
My lawyer advised me as I mentioned before. If your case is simliar to me and if you might have hired the same lawyer he would have advised you the same as what he advised me :). The key is the "wait period" and letter from employer " To show readiness to promote based on skill progression for 2-3 years". Technically "real promotion" should occur on the day of interfiling or immediately after that not before the interfiling.
Look what the NY MTA workers did?
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Yes you can port it using AC21. IV will need to issue a new memo for it though. But your designation should be same. If you are a junior member, you need to post only as a junior member on IV forums.
Its your choice.
Thanks for all your efforts..SunJoshi.
I got a letter from Cong Tom Price (Rep- GA) saying that the immigration clauses in the Budget Reconciliation Bill did not make it. But he will try to push for those clauses in the immigration bills in 2006.
I got the same message from his DC staff, when I called to follow-up.
Edited by admin. No personal names please. Only screen names.
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Above all I am here to get some information to bring a company which violates rules to authorities, nothing more nothing less and not here to do any name calling of mud slinging.
Good job. I see B1 visa violations in my client place where I work currently(will post it shortly in donor forum). Would you mind joining your state chapter so that we all know who you are?
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Is it possible to change category to EB2 with same employer/same job?
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I come from South Florida (MIAMI / FT LAUDERDALE /WEST PALM BEACH). Sun-Sentinel is a news paper major in this part of the world. We are expected to see a front page coverage about this turn-about by DOS and USCIS on july 07 bulletin.
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>she can file 485 by being in F1 ?
If you are under H1b and she is applying for 485 together with you then answer is yes she can.
>Once she files being in F1, can she still continue to be on F1 and travel in and out of US on F1?
No because F1 is for non immigrant as F1 you show that you have no intention to move to US but once your file your I-485 you show an intention to move and stay in US therefore F1 is no longer valid.
>What will be her status when she starts using EAD if she filed being in F1?
Once she filed 485 she will be waiting for her status to be Permanent resident.
her F1 is no longer valid. She can work using her EAD but if I485 got reject she will be automatically out of status and has to go out from US.
I'm not a lawyer what I've told and writte has to be confirm with your attorney.
Also Please see below answer by Attorney Murthy:
Hello. My wife is studying on F-1 visa and I filed I-485 for her. (I have a valid H1B.) Can we now change from AOS to CP? Will this in any way affect her status or mine?
Attorney Murthy : A person on F-1 is no longer considered on F-1 status once she files the I-485 papers, unlike the person on an H1B who is legally allowed to maintain both statuses. So, if a person who only had F-1 status switches to CP, then the spouse has to switch to H-4 status in the U.S. immediately. Otherwise, she is considered out of status in the U.S. if the USCIS agrees to cancel the I-485 and convert the case to CP.
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If you have so much energy and motivation, why don't you go after anti-immigrants and expose their evil.
Are you suggesting that no fraud should be reported?
I would say, any fraud, whether H1/L1/F1, employee related, employer related should be reported? Why should law abiding immigrants/workers pay for those who are committing fraud?
>> 1 in 10 citizen has gone to jail.
Not correct. There are about 260 jail inmates per 100,000 US residents.
>> Educated idiots!
Now, tell me, who is educated idiot?
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I also wrote to John Stossle 20 / 20 for a coverage (Skilled immigration) but haven't had any reply.
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All applicants for immigration benefits must undergo background security checks, and one of them is the FBI name check. It is conducted by the FBI National Name Check Program Section (NNCPS). Since 2003, many green card (I-485) and naturalization applications have been significantly delayed by this process, sometimes by several years! More importantly, immigrants affected by this processing delay are often left in complete darkness. USCIS has adopted a policy that it will not release any information regarding name checks to applicants. Similarly, the FBI has practically shut down all email and phone communications previously available to immigrants.
How FBI name check works?
FBI name check, in short, is to compare a person's name against the Central Records System and see if there is a matching record. However, this seemingly simple process can be quite complicated in some cases.
1. The Central Records System (CRS) is huge
The CRS contains all information which the FBI has acquired during many years of law enforcement activities. It has numerous administrative, applicant, criminal, personnel, and other types of files, related to not only individuals, but companies and foreign intelligence matters also. Certain records are stored in the FBI headquarters in Washington, D.C., while others are maintained by field offices across the United States.
When a name check request is received, the FBI conducts a search of the individual's name in the CRS' General Indices. In addition to the person's full name, the FBI will also use different combinations and variations of the same name.
The General Indices have two types of entries according to the FBI:
A "main" entry - an entry that carries the name corresponding with the subject of a file contained in the CRS. A main file name thus refers to an individual who is the subject of an FBI investigaton.
A "reference" entry - an entry, sometimes called a "cross-reference," that generally only mentions or references an individual, organization, etc., contained in a document located in another "main" file. So a reference is someone whose name only appears in an investigation.
The FBI name check will search both "main" files and "reference" files. In comparison, the FBI Privacy Act request searches main files only. The Privacy Act request is sometimes referred to as FOIPA request, Freedom of Information and Privacy Act. So when an I-485 filer receives a "No Record" letter from the FBI in response to their FOIPA request, it only means that his or her name doesn't match any "main" entry.
During a name search, the FBI first checks the person's name electronically against the Universal Index contained in a database called Automated Case Support (ACS) system. For most people (68% according to the FBI), the results come back with "No Record" within 48 hours, meaning that their name checks are considered cleared. If there is a match, called a "hit," an agent must manually review the file or entry. This secondary name search usually identifies additional people as having "No Record." According to the FBI, about 10% of name check requests must go through yet a third level of review, during which the matching record must be retrieved from the source. But there is a problem:
2. Not all records are digitized and many are still paper documents
If the matching record has a digital copy in the ACS, it can be reviewed quickly. Otherwise paper documents must be transported to the reviewer from one of the FBI field offices which are located all over the country. This could cause significant delays. The name check result after this review will be forwarded to the requesting agency such as the USCIS.
3. Sheer volume of name check requests from multiple agencies
Although the name check itself could take a long time in some cases, it is not the bottle neck. The more serious problem is the time it takes for an analyst to actually get to a case after a "hit," due to backlogs. This is probably the No.1 reason for a lot of cases that are stuck in FBI name checks.
The FBI name check backlog may have several causes, and one of them is the sheer volume of requests. In addition to USCIS, many other Federal agencies, congressional committees, as well as state and local law enforcement agencies, all request name checks as part of their background investigation or clearance processes. According to Michael Cannon, Section Chief of NNCP, the FBI processed 3.7 million name checks in 2005, compared to about 2.5 million/year before September 11, 2001. In 2006, the USCIS alone sends more than 27,700 requests on a weekly basis.
Moreover, it is not clear how strictly the FBI follows the order of first-in, first-out. It is particular difficult to find out exactly how the FBI would queue cases that have returned with potential matching records. From the simple fact that some name-check cases can be pending for several years, and not all of them are that complicated, the FBI's queuing method may need a review of its own.
4. Lengthy name check process and national security
Although conducting name checks is an essential step in identifying national security and public safety concerns, the current process may not achieve its intended objectives. The reason is that in almost all cases, a person whose name check is pending is currently present in the United States. So the lengthy process actually extends an individual's stay in the US. If it takes years to come to a conclusion that the person is indeed a security threat, what will happen during those years? In this sense, timely processing of name checks is not only a relief to legal immigrants, but a must for national security reasons.
5. It is difficult to expedite FBI name checks
In 2007, the USCIS established new policies on expediting FBI name checks and the criteria are very limited. The USCIS may demand expedited handling only if the case involves military deployment, age-out or sunset provisions, loss of certain benefits, or other compelling reasons such as critical medical conditions. It specifically stated that Writ of Mandamus (WOM) - a lawsuit forcing the government to act quickly after an unreasonable delay - would no longer qualify as one.
Writing to Senators, Congressmen, or even the First Lady, have not shown as much success as many were hoping for. In fact, most Congressional inquires are now simply coming back with "case pending" responses. Some offices have stated that they will no longer contact the FBI for cases pending less than a year, citing an increasing number of letters asking for assistance. However, for most poeple, contacting congressional representives is one of very few channels still available to receive any information regarding their pending cases.
6. The name check situation may get even worse, before it improves
According to the USCIS Ombudsman, there is a staggering 329,160 FBI name check cases pending as of May 2007. Among them, 211,341 (64%) have been pending more than 90 days and approximately 32 percent (106,738) pending more than one year. Now with the biggest fee increase in decades, taking effect July 30th, 2007, The USCIS has proposed to allocate more funds toward the name check process. And the FBI indicated that additional funding would allow them to add more staff to speed up the process and reduce backlogs. Many are skeptical, but we certainly hope that they will achieve some of the goals this time.