As I've mentioned in Rolling_Flood's thread, this issue has some merit and needs to be discussed. My personal take on this is that if you were eligible for an EB2 position at the time of filing the EB3 petition, you should be allowed to interfile..
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gc_nebraska -- thanks for the reply. Do let us know when there is progress on your case, and good luck with the same!!
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any help in employment letter please
I have copies of all I-94 and I-797 but still my attorney thinks that it is not necessary to include them. My attorney also not including any w2s/tax transcript/tax returns/pay stubs. She said, her office filed so many 485s without above documents and never had any issue. Their opinion is to supply just what is needed not more not less. But my other friend's lawyer asked w2s and paystub.
in my case i got no slip..whenever i call consulate new delhi they say still under admin processing ?? my lawyer checked with DOS..DOS had sent approval on jan 25th..still under proc at embassy !!
NOT SURE WHY ?? this delay is ??
i maybe forgetting..but which consulate did you go to and if new delhi then what was the description(looks) of the VO ?
It is interesting that we are using anti-immigrant's arguments to pin L1s.
Thats NOT the key here ... its about violating current laws and regulations, do what ever you want offshore/outsource/onshore ...what ever, violating the rules and act of fraud is NOT ACCEPTABLE in any circumstances and we are pretty sure that ICE/USCIS and other agencies would have the same view.
If I travel out and then get the H-1B visa stamp at an outside consulate, I would be able to travel back in, but would I have considered have abandoned the 485 application? (since I travelled out without a valid H-1B stamp in pp)??
Can I travel out even before my AP arrives? Or does having an AP make a difference? I would prefer to stay on H-1B status since you never know what happens to the 140/485 application.
Thanks for the help guys.
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That's a shame. But now he is free to enjoy his life and not think 485 updates.Congratulations to him :)
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PD: April 24, 2006
I-485 Receipt Date: JuLy 27, 2OO7 - EB2 NSC
Opened SR on 09/01/2010
SLUD before status change: 09/04/2010
Thanks & good luck
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Can you explain more what is a processing date?? is this different from priority date?? what do you mean by retrogressed from Sep to Aug 06?? is this for all countries??
For those of us who have become "current" with the latest VB movements, I have some discouraging news for you: at least for the Nebraska Processing Center, the current processing date for an employment-based I-485 has retrogressed from September to August,2006. Only a small step backwards but a step backwards all the same.
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From a quick glance, I see all the provisions talked about in various bills for EB category except for recapture of unused visas. Very broad markup.
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It's already happening with Canada's AINP program. If some of the anti-immigrant comments are to be believed Canadians must be darn fools :D
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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.
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I agree we might not always have hard evidence unlike the OP here. And lot of employers might be doing this. I have never faced this, yet. However, we have to act on it. The first step is to complain to the govt. Maybe if there are lot of complaints, govt will investigate and find the dirt, and fix it.
Another idea is to bring it to the attention of the job boards that discriminatory ads should not be posted. Lets give this a try.
To those effected, write to the govt if you are in a situation where you can.
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On the Senate side, I just called Senator Harry Reid's Office to convey the message to Support " Visa Recapture Bill ".
Senator Harry Reid, Senate Majority Leader's Phone Number is :
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If DOL scrutinizes such petitioners more than others, then its good. That will weed out pretenders; but also on the other hand, that will put genuine candidates petiotions into a pre-adjudicated state.
I am copying into here a great document which I followed to the letter for filing my adjustment of status in May. It is prepared by a major state university who have dozens of people each year going through this process. Thought it might be helpful to some of you.
DOCUMENTATION FOR APPLICATION
BASED ON EMPLOYMENT
The primary applicant and all dependents must each file the following documents. All checks/money orders should be made payable to the �Department of Homeland Security� and stapled to the top left-hand corner of the Form I-485 (Application for Permanent Residence). Place documentation for each application in the order listed below.
1. Form I-485 (Application for Permanent Residence) and fee. Fee is $325 for each person aged 14 and over, $225 for each person under the age of 14. Check box (a) in Part 2 of the form. Form
I-485 Supplement A is not required unless you are illegally in the US.
2. Fingerprint fee ($70) for each applicant aged 14 to 79. USCIS will send notification of time and place for later fingerprinting. Fee may either be included with the check/money order for the Form I-485 or written as a separate check/money order.
3. Two color passport pictures (click here). Staple an envelope with photos to the lower left corner of the Form I-485.
4. Form G-325A (Biographic Information).
5. Sealed I-693 (Report of Medical Examination) and Supplement to I-693 completed by a certified USCIS Civil Surgeon. Children under 14 years of age do not need the x-ray or blood serology.
6. Evidence of valid nonimmigrant status. Prepare an outline or �history� of all prior periods of stay and visa status in the U.S. Include copies of related documents
(I-20s, IAP-66/DS2019s, I-797s) and 2 year home residency waiver letter, if applicable.
7. Photocopies of I-94 (both sides), passport identification, passport validity/extension, and US visa pages.
8. Photocopy of Form I-797 Approval Notice, showing approval of I-140 Immigrant Petition for Alien Workers. If you are filing while the I-140 is pending, write CONCURRENT FILING on the cover sheet and mailing envelope. Be sure to attach a copy of the I-140 Receipt Notice.
9. Photocopy of birth certificate showing parents� names. Passports are NOT acceptable substitutes for a birth record.
10. Photocopy of the marriage license of the primary applicant and spouse.
11. Photocopies of divorce decree(s) and/or death certificate(s) from all prior marriages of the primary applicant and spouse (if applicable).
12. Current employment letter for the primary applicant. Letter must certify continuation of permanent employment, starting salary, and duties.
13. If family members are applying, Form I-134 (Affidavit of Support) must be completed by primary applicant on behalf of any accompanying family members. Be sure to include documentation. Employment-based applicants do NOT file Form I-864.
14. If you or any family members are applying for work authorization, Form I-765 ($180 fee) must be completed. Download page 10 only. Staple an envelope with two additional photos to the lower left corner of the I-765. Mark (c)(9) in question #16.
15. See attachment on travel to determine whether you wish to file Form I-131 for Advance Parole.
16. Cover sheet listing all documentation.
NOTE: Any document not in English must be translated and accompanied by a translator�s statement. You should not translate your own documents. The translation does not have to be notarized, but it must include the certification of the translator. The following is an acceptable example of certification:
I, [name of translator], hereby certify that I am competent to translate from the _____________ language into English and that the attached/above is an accurate translation of the original [birth/death/marriage] document.
Name of translator _______________