gc_bulgaria
10-18 06:03 PM
10/18/2007: Senate Passed FBI Background Checks Improvement Amendment to CJS FY 2008 Appropriations Bill
* A small good news coming out of the Hill, helping to pull achey teeth out of a large number of immigrants who have been suffering from namechecks related backlogs.The Senate has approved an amendment by Sen. Carl Levin, D-Mich., to improve oversight of the FBI National Name Check Program, which faces a substantial backlog. The program is used to run background checks on people applying for immigration benefits or seeking employment with the U.S. government, among many other purposes. Levin�s provision, which was included as an amendment to the Commerce, Justice, and Science (CJS) Fiscal Year 2008 Appropriations Bill, would require the FBI to report to Congress every year regarding progress made in improving the FBI�s system of processing background checks and automating investigative files. Thanks to the reader who offered the valuable information. For the amendment sponsor's announcement, please click here.
* Readers, please start contacting your Congressional delegation to support this bill through the Conference process!!!!!!!
* BRAVO!:)
* A small good news coming out of the Hill, helping to pull achey teeth out of a large number of immigrants who have been suffering from namechecks related backlogs.The Senate has approved an amendment by Sen. Carl Levin, D-Mich., to improve oversight of the FBI National Name Check Program, which faces a substantial backlog. The program is used to run background checks on people applying for immigration benefits or seeking employment with the U.S. government, among many other purposes. Levin�s provision, which was included as an amendment to the Commerce, Justice, and Science (CJS) Fiscal Year 2008 Appropriations Bill, would require the FBI to report to Congress every year regarding progress made in improving the FBI�s system of processing background checks and automating investigative files. Thanks to the reader who offered the valuable information. For the amendment sponsor's announcement, please click here.
* Readers, please start contacting your Congressional delegation to support this bill through the Conference process!!!!!!!
* BRAVO!:)
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desi3933
07-26 08:08 AM
Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.
1. Am I currently out of status or okay because of the RFE?
2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.
My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?
Thanks.
Could you please detailed RFE? It is difficult to suggest without the RFE details.
____________________
Not a legal advice.
1. Am I currently out of status or okay because of the RFE?
2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.
My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?
Thanks.
Could you please detailed RFE? It is difficult to suggest without the RFE details.
____________________
Not a legal advice.
go_guy123
06-18 10:52 PM
I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.
By the way, even today if one marries a USC, one can get GC right away. Actually you get EAD till the GC gets processed.
Besides this, I have come across people coming to US in 1990 on B1, then overstay and convert to H1B.
Thats because 10 year ban and other tough rules etc for illegal stay was passed in 1996. Over the years immigration rules have been tightened.
1986: 2 year conditional GC for marriage to USC was passed. Before that one could marry get GC and divorce the next day. Employers need to do paper checking before they hire people.
1996: Beginning of tightening screws on immigrants.
First harsh anti- immigration was passed. affidavit of support for family based GC.
Massive increase in discretion powers for immigration officers at POE etc.
10 year ban etc on overstay
In fact 1996 rules were so harsh that basically the sheer strict enforcement of these rules on H1Bs makes life miserable.
Plus major difference between 1996 and 1986
In 86 tough rules was a price extracted for amnesty for illegals.
In 1996 not even one clause was pro immigrants.
By the way, even today if one marries a USC, one can get GC right away. Actually you get EAD till the GC gets processed.
Besides this, I have come across people coming to US in 1990 on B1, then overstay and convert to H1B.
Thats because 10 year ban and other tough rules etc for illegal stay was passed in 1996. Over the years immigration rules have been tightened.
1986: 2 year conditional GC for marriage to USC was passed. Before that one could marry get GC and divorce the next day. Employers need to do paper checking before they hire people.
1996: Beginning of tightening screws on immigrants.
First harsh anti- immigration was passed. affidavit of support for family based GC.
Massive increase in discretion powers for immigration officers at POE etc.
10 year ban etc on overstay
In fact 1996 rules were so harsh that basically the sheer strict enforcement of these rules on H1Bs makes life miserable.
Plus major difference between 1996 and 1986
In 86 tough rules was a price extracted for amnesty for illegals.
In 1996 not even one clause was pro immigrants.
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txh1b
04-16 06:32 PM
Now the question is that: how long usually does it take for the response after I submit my evidences? It has to be 60 days or less, but I heard differently. Can anyone help me with that?
If your PD is current and a visa number available, they should be approving the petition soon after.
If your PD is current and a visa number available, they should be approving the petition soon after.
more...
Jubba
10-16 10:54 AM
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ken
04-09 12:40 PM
When I filed my AOS application I was in CA and still I am working in CA, I never worked / lived in MIAMI,FL.
If they have to transfer my case they would have transfered to some CA local office not to MIAMI,FL local office..
If they have to transfer my case they would have transfered to some CA local office not to MIAMI,FL local office..
more...
WAIT_FOR_EVER_GC
07-24 09:12 AM
xbcsd
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raysaikat
04-30 08:55 AM
2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.
This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".
Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.
The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?
This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".
Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.
The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?
more...
priderock
09-01 05:27 PM
Congrads!! you seem to be lucky. I noticed that several other of our regular posters have PDs earlier than you and are still waiting. Why do you say 10 years? your PD is 04 so that makes it 5 years :D:D
I believe they go by RD if the PD is current. My RD is jul 2nd and my application reached them early AM on Jul 2nd.
Thank you all for the congrats !!
I believe they go by RD if the PD is current. My RD is jul 2nd and my application reached them early AM on Jul 2nd.
Thank you all for the congrats !!
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WeShallOvercome
07-23 02:14 PM
C. UHRMACHER @ 8:26am on July 2
No particular significance but I think it is just to relieve some nerves... If there are other applicants signed by the same person, you can be sure your file reached the right place :) (Or you are not alone if your lawyer screwed up and sent it to wrong address)
No particular significance but I think it is just to relieve some nerves... If there are other applicants signed by the same person, you can be sure your file reached the right place :) (Or you are not alone if your lawyer screwed up and sent it to wrong address)
more...
vamsi_poondla
02-04 04:34 PM
What did your attorney advice?
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seaken75
07-18 12:55 AM
What kind of RFE besides the letter from the OBG doctor?
if u go to the doc, they will perform the the tests that are ok to perform..
Check with doc if they will accept the test results (PAP , HIV , etc) from your obgyns office. These tests are already done during initial stages of pregnancy.
Finally the doc will add a note to the medical report that some tests/shots are omited due to pregnancy.
I went through same thing..
Will the case be accepted with this partial report-- It will be.
Will there be an RFE? -- i dont know.. may be
if u go to the doc, they will perform the the tests that are ok to perform..
Check with doc if they will accept the test results (PAP , HIV , etc) from your obgyns office. These tests are already done during initial stages of pregnancy.
Finally the doc will add a note to the medical report that some tests/shots are omited due to pregnancy.
I went through same thing..
Will the case be accepted with this partial report-- It will be.
Will there be an RFE? -- i dont know.. may be
more...
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richana
12-03 12:11 PM
This is great news
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nlalchandani
10-02 06:28 AM
Hi All,
Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..
My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...
meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......
I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....
I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...
In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......
If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....
Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...
Please help...any help will be highly appreciated.
I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...
Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..
My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...
meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......
I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....
I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...
In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......
If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....
Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...
Please help...any help will be highly appreciated.
I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...
more...
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bbenhill
02-10 08:22 PM
If you have land/home or property then you can show that to the officer. That will show the intend to go back from US. I think for graduation purpose is good enough. at least they will grant around 1 month.
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Thx
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Maqrkk
01-26 05:33 AM
I really like The Swarm :thumb2:
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h12gc
04-30 02:42 AM
Thanks Morcha for your reply.
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pappu
11-28 10:51 AM
Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.
What can we expect next?
Dates would move forward depending on the increase in numbers.
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
Depends on how much the numbers increase, whether there is any kind of per-country quota, coz if there is, then India and China would get screwed because of heavy demand from these 2 countries. CIR will start from square 1 in the next congress and would go back to the judiciary committee, Floor, conference, -- the whole process would be happening all over again.
What will happen to the “Rest of the World” category? When do you think they can expect results?
Rest of the world will be better off than India and China. Unless you are really unlucky and the demand from your country's subscribers increases and there is a separete PD for your country too, like India, China and Phillipines.
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
YES. If the dates move really really forward, -- like 2005 and 2006, the sheer number of I-485s will bury the USCIS. Expect huge delays. Unless we act on DOS to fund certain agencies we are not going to see any improvement in 485 processing times. The worst part about 485 is that USCIS alone cannot revolutionize its process and solve problems. There is the FBI name check(Dept of Justice) and also DOS involved. Our work will not end when SKIL bill passes. We would have to lobby for administrative reform to fund these agencies. FBI's namecheck division is heavily used by a lot of government and private agencies after 9/11 and they are really underfunded. We, may have to work on our issues even after SKIL bill passes. Unless of course we are really content on spending 5-6 years on EAD/AP. From what I hear, life is not really that great even on EAD/AP
Great Answers Logiclife. A lot of us think that by passing the skil bill etc our problems will be over. While this bill or provision is very critical for ending retrogression we have a few other issues at hand in order to make the green card process smooth for our members. getting the bill passed is our first and important task. BTW FYI, it was due to IV's efforts the hard country cap for the EB category was removed from the CIR bill. With hard country caps, EB immigrants especially from India and China would have been still retrogressed. We will have to work hard again when the new bill comes up and look for any such provisons like hard country quota that may hurt us.
What can we expect next?
Dates would move forward depending on the increase in numbers.
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
Depends on how much the numbers increase, whether there is any kind of per-country quota, coz if there is, then India and China would get screwed because of heavy demand from these 2 countries. CIR will start from square 1 in the next congress and would go back to the judiciary committee, Floor, conference, -- the whole process would be happening all over again.
What will happen to the “Rest of the World” category? When do you think they can expect results?
Rest of the world will be better off than India and China. Unless you are really unlucky and the demand from your country's subscribers increases and there is a separete PD for your country too, like India, China and Phillipines.
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
YES. If the dates move really really forward, -- like 2005 and 2006, the sheer number of I-485s will bury the USCIS. Expect huge delays. Unless we act on DOS to fund certain agencies we are not going to see any improvement in 485 processing times. The worst part about 485 is that USCIS alone cannot revolutionize its process and solve problems. There is the FBI name check(Dept of Justice) and also DOS involved. Our work will not end when SKIL bill passes. We would have to lobby for administrative reform to fund these agencies. FBI's namecheck division is heavily used by a lot of government and private agencies after 9/11 and they are really underfunded. We, may have to work on our issues even after SKIL bill passes. Unless of course we are really content on spending 5-6 years on EAD/AP. From what I hear, life is not really that great even on EAD/AP
Great Answers Logiclife. A lot of us think that by passing the skil bill etc our problems will be over. While this bill or provision is very critical for ending retrogression we have a few other issues at hand in order to make the green card process smooth for our members. getting the bill passed is our first and important task. BTW FYI, it was due to IV's efforts the hard country cap for the EB category was removed from the CIR bill. With hard country caps, EB immigrants especially from India and China would have been still retrogressed. We will have to work hard again when the new bill comes up and look for any such provisons like hard country quota that may hurt us.
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bindas74
02-05 10:49 PM
You will have to pay again and again and again.
But you have a chance to get 2 year EAD. Thanks to IV for the effort.
Hi needhelp!,
How is that someone who applies in August 07 with a fee of $340 doesnt have to pay for their renewal while I have to pay even though I had applied in 2008 and with the same fee of $340??
It really beats me...well I guess that's USCIS::(((
Can you please point me to any documentation on this?
Thanks
But you have a chance to get 2 year EAD. Thanks to IV for the effort.
Hi needhelp!,
How is that someone who applies in August 07 with a fee of $340 doesnt have to pay for their renewal while I have to pay even though I had applied in 2008 and with the same fee of $340??
It really beats me...well I guess that's USCIS::(((
Can you please point me to any documentation on this?
Thanks
saimrathi
03-02 07:31 PM
She will not be out of status since she has a H1 valid till 2010. however when she leaves US she needs to present the I-94 that came with the I-797 Approval notice(H1). I am in a similar situation, however, I am going to Canada and returning.
imm_check
11-01 04:27 PM
Hi All,
I have a scenario like this...
My wife and I got the receipt date for I-485 while my daughter did not...even though all of us filed on the same day through same mail package. It is puzzling how one would miss one application and process the others. Please let me know if anyone faced a similar situation.
The scene has changed a little bit with both of us receiving a FP mail notice recently. I wanted to know what would happen if both of us go ahead with the biometrics while not knowing the status of my daughters application.
Thanks...
I have a scenario like this...
My wife and I got the receipt date for I-485 while my daughter did not...even though all of us filed on the same day through same mail package. It is puzzling how one would miss one application and process the others. Please let me know if anyone faced a similar situation.
The scene has changed a little bit with both of us receiving a FP mail notice recently. I wanted to know what would happen if both of us go ahead with the biometrics while not knowing the status of my daughters application.
Thanks...
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