cahaba
04-13 12:36 AM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
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mrdelhiite
08-07 05:55 AM
I filed my 485 on 2nd July and I am in process of filing 485 for my wife soon. I wana document and ask if there anything different from my 485 filing. Also can someone provide a list of supporting documents that I need attach to her application. I do have a rough list of mine but i wana make sure i dont miss anything.
Thus can someone share the list of docs required for Spouse 485 application
Changes that I need to watch out ?
Form revisions I need to use for 485/ead/AP, I think fee will be same ie for
485 –> $325+$70, EAD --> $180 , AP --> $170 ( as released in update1)
I mailed my application to Nebraska, I am based in Florida … thus according to new rule should I send my wife’s application to Taxes?
Should I include my supporting documents like I20, SSN, EAD ( of OPT) etc in her application.
should i put some bright color note on application saying that i filed my application as Single on July 2nd and now filing my wifes application as i got married on July 29th ?
Do i need to put my original employement letter with her application too or the copy will do ?
I am not using a lawyer thus any help is appreciated.
Thanks
-M :)
Thus can someone share the list of docs required for Spouse 485 application
Changes that I need to watch out ?
Form revisions I need to use for 485/ead/AP, I think fee will be same ie for
485 –> $325+$70, EAD --> $180 , AP --> $170 ( as released in update1)
I mailed my application to Nebraska, I am based in Florida … thus according to new rule should I send my wife’s application to Taxes?
Should I include my supporting documents like I20, SSN, EAD ( of OPT) etc in her application.
should i put some bright color note on application saying that i filed my application as Single on July 2nd and now filing my wifes application as i got married on July 29th ?
Do i need to put my original employement letter with her application too or the copy will do ?
I am not using a lawyer thus any help is appreciated.
Thanks
-M :)
anandrajesh
12-26 09:14 AM
I'll be there. 9 CST works fine for me.
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pointlesswait
03-16 11:07 AM
Dont use turbotax for ur taxes..?
use 1040-nr-ez...paper file it and get more...
if i am not mistaken.. you can claim rental expenses as deductions if u are on ur first year of H1(only the 1st year)...also since u moved from chi to cin.. you can also claim..job related relocation expense..blah blah..do if u do itemized decuations..u shoudl be able to get truckload of money..... so seek a desi tax guy..
just ask around..
Hi,
How do I file my taxes when I was on an OPT for 9 months and 3 months on H1B?
Also,
8 Months of the OPT was in Cincinnati and 1 Month in Chicago.
3 Months of the H1B was in Chicago.
Can I use Turbo Tax to file my taxes or should I go to an accountant?
I got 2 w2 forms from my employer. 1 for the time I worked in Cincinnati and 1 for Chicago. I am not sure if they are 2 different w2 forms or just 1, because on 1 of the w2 forms it says "1 of 2 w2 form" and on the other it says "2 of 2 w2 form".
I am pretty confused, so if anyone was in a similar situation can please let me know what they did, that would be great.
Thanks,
Deejay
use 1040-nr-ez...paper file it and get more...
if i am not mistaken.. you can claim rental expenses as deductions if u are on ur first year of H1(only the 1st year)...also since u moved from chi to cin.. you can also claim..job related relocation expense..blah blah..do if u do itemized decuations..u shoudl be able to get truckload of money..... so seek a desi tax guy..
just ask around..
Hi,
How do I file my taxes when I was on an OPT for 9 months and 3 months on H1B?
Also,
8 Months of the OPT was in Cincinnati and 1 Month in Chicago.
3 Months of the H1B was in Chicago.
Can I use Turbo Tax to file my taxes or should I go to an accountant?
I got 2 w2 forms from my employer. 1 for the time I worked in Cincinnati and 1 for Chicago. I am not sure if they are 2 different w2 forms or just 1, because on 1 of the w2 forms it says "1 of 2 w2 form" and on the other it says "2 of 2 w2 form".
I am pretty confused, so if anyone was in a similar situation can please let me know what they did, that would be great.
Thanks,
Deejay
more...
reddymjm
09-30 10:11 AM
I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?
r u from NBKRIST?
r u from NBKRIST?
amsgc
04-02 08:43 PM
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
more...
akhilmahajan
07-01 04:31 PM
It all depends upon the school. You just need to show them that your 485 is pending and you have AP with you, you have used it or not does not matter. But the most important thing is to convince the school. One of the senior members, had posted their own experience and it has helped me a lot to get the FAFSA approved for my spouse. Let me know if you have any questions. I will also try to find that thread.
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txh1b
08-18 11:37 AM
To be safe, once the h1b is approved, I would suggest that you travel and enter again so that you become eligible to use 245(k) rule if needed during your GC.
If not, there is a risk for everything from the date you lost your job till your re-entry again to be considered as out of status/unlawful employment as per my lawyer.
If not, there is a risk for everything from the date you lost your job till your re-entry again to be considered as out of status/unlawful employment as per my lawyer.
more...
ash27
04-02 10:20 PM
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
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srarao
07-21 11:03 PM
Hello,
When I first took my medical tests for I-485 with a doctor, the doctor put an additional document stating that: "I have a positive PPD that was read as 9mm of induration. A NORMAL chest x-ray was read. The patient is refered to their PCP or County Health Department for evaluation and possible treatment with INH for 9 months".
Now I received the RFE from CIS asking for the following:
"The form I-693 submitted is hereby returned because you TB test results were not documented appropriately. Additional documentation submitted from Civil Surgeon indicates that you were possibly being refered to the County Health Department for evaluation and have received teh follow up treatment.
The I-693 form must be properly endorsed by Civil Surgeon to reflect the following:
-> The date you first refered to the local health dept for evaluation
-> Name and address of the health dept
-> results of the X-ray and other TB test
-> Based on which you are medically cleared for adjustment status
"
If anyone had similar experiences, please let me know how to proceed on this issue.
PS: I got very late appointment with County Health department, so If I go to a private TB specialist and If I take the results to the original doctor and can he able to update my I-693 based on the TB specialist results?
If I go on 9 month medication will CIS wait 9 months to further process my petition or hold my EAD status?
If I go to a new doctor and If he gives me a new set of medical results, will CIS overlook previous doctor's comments?
I dont have much time as I just had 20 days left to send back my results to CIS.
Thanks for yor help.
Ravi
When I first took my medical tests for I-485 with a doctor, the doctor put an additional document stating that: "I have a positive PPD that was read as 9mm of induration. A NORMAL chest x-ray was read. The patient is refered to their PCP or County Health Department for evaluation and possible treatment with INH for 9 months".
Now I received the RFE from CIS asking for the following:
"The form I-693 submitted is hereby returned because you TB test results were not documented appropriately. Additional documentation submitted from Civil Surgeon indicates that you were possibly being refered to the County Health Department for evaluation and have received teh follow up treatment.
The I-693 form must be properly endorsed by Civil Surgeon to reflect the following:
-> The date you first refered to the local health dept for evaluation
-> Name and address of the health dept
-> results of the X-ray and other TB test
-> Based on which you are medically cleared for adjustment status
"
If anyone had similar experiences, please let me know how to proceed on this issue.
PS: I got very late appointment with County Health department, so If I go to a private TB specialist and If I take the results to the original doctor and can he able to update my I-693 based on the TB specialist results?
If I go on 9 month medication will CIS wait 9 months to further process my petition or hold my EAD status?
If I go to a new doctor and If he gives me a new set of medical results, will CIS overlook previous doctor's comments?
I dont have much time as I just had 20 days left to send back my results to CIS.
Thanks for yor help.
Ravi
more...
GCD
07-27 08:37 PM
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
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kaisersose
05-30 10:17 AM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.
H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.
H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.
more...
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rockets12345
10-29 09:54 PM
Hi,
I got my EAD one day before my H1 expiration. What do I need to do if I want to work on EAD and what form do I need to fill and provide to my employer. As currently my Attorney messed up my H1 status. He sent my H extension to a wrong service center i.e. California and they sent the application back saying they no more process H extensions and we need to apply to a different service center i.e. Vermont. My H expired on 10/11/07 and my Attorney received the H documents back from California Service Center on 10/26/07.
As I asked my Attorney to send the H extension to the right service center with a proof of that he applied on time but was sent to the wrong Service Center. As I don't want to abonden my H status.
My only worries are what if H extension is not approved in that case what will happen to my 485 and EAD i.e. valid from 10/10/2007-10/09/2008. What will be my options then. As I don't want to take any chances specially at this stage. Please advice what to do in this case as my Attorney looks like is not that smart.
Need some advice as to should I just start working on EAD and not wait for the H extension response or should I wait for the response.
Any feedbacks are appreciated.
Thanks
I got my EAD one day before my H1 expiration. What do I need to do if I want to work on EAD and what form do I need to fill and provide to my employer. As currently my Attorney messed up my H1 status. He sent my H extension to a wrong service center i.e. California and they sent the application back saying they no more process H extensions and we need to apply to a different service center i.e. Vermont. My H expired on 10/11/07 and my Attorney received the H documents back from California Service Center on 10/26/07.
As I asked my Attorney to send the H extension to the right service center with a proof of that he applied on time but was sent to the wrong Service Center. As I don't want to abonden my H status.
My only worries are what if H extension is not approved in that case what will happen to my 485 and EAD i.e. valid from 10/10/2007-10/09/2008. What will be my options then. As I don't want to take any chances specially at this stage. Please advice what to do in this case as my Attorney looks like is not that smart.
Need some advice as to should I just start working on EAD and not wait for the H extension response or should I wait for the response.
Any feedbacks are appreciated.
Thanks
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vinnysuru
04-01 10:10 AM
Hello Everyone -
I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.
Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other
Hi Piyu, Wow you are lucky. I am from India EB2 (Jan 2006 PD). Non Concurrent with approved 140 Filed 485 on 25th July 07. FP in Sep 07. Haven't heard a word since then. I called NSC last week and they said my name check is pending. Derivative cleared. They have moved processing dates back to June 8th, so they don't expect my case to assigned to an officer for review at least for 2-3 months.
Would you mind sharing specifics of your case?
1. What was your exact PD (Day?)
2. Which service center did you file with?
3. What day did you file in July? Are you in any special category with EB2 like NIW?
4. What is your country of chargeability? Are you cross chargeable to any other country?
Good luck! Yes, now you would just have to wait for PD to become current and you will get approval. Check . Lots of approvals in last 2 weeks for people in similar situations! More in come this month as PD's move forward today.
I am Happy for you! Gives all of us hope.
I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.
Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other
Hi Piyu, Wow you are lucky. I am from India EB2 (Jan 2006 PD). Non Concurrent with approved 140 Filed 485 on 25th July 07. FP in Sep 07. Haven't heard a word since then. I called NSC last week and they said my name check is pending. Derivative cleared. They have moved processing dates back to June 8th, so they don't expect my case to assigned to an officer for review at least for 2-3 months.
Would you mind sharing specifics of your case?
1. What was your exact PD (Day?)
2. Which service center did you file with?
3. What day did you file in July? Are you in any special category with EB2 like NIW?
4. What is your country of chargeability? Are you cross chargeable to any other country?
Good luck! Yes, now you would just have to wait for PD to become current and you will get approval. Check . Lots of approvals in last 2 weeks for people in similar situations! More in come this month as PD's move forward today.
I am Happy for you! Gives all of us hope.
more...
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ritwik_ind
11-24 07:52 AM
Good Every one!
;'( I am already out
;'( I am already out
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ruchigup
08-22 03:52 PM
Were you kidding or serious? You just quoted the very same name that guy is to avoid.
Fragomen is the only part missing in the name you mentioned. I hope the other three didn't ditch Fragomen to start DBL..
Iskreddy, you r rightt.... "Fragomen, Del Rey, Bernsen and Loewy, LLP" is the complete name :-)
Fragomen is the only part missing in the name you mentioned. I hope the other three didn't ditch Fragomen to start DBL..
Iskreddy, you r rightt.... "Fragomen, Del Rey, Bernsen and Loewy, LLP" is the complete name :-)
more...
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pappu
03-17 03:55 PM
http://www.dhs.gov/xabout/structure/gc_1294871282792.shtm
Teleconference Recap: FOIA: How Is It Working For You?
On December 6, 2010, the Ombudsman's Office hosted a public teleconference on "FOIA: How Is It Working for You?" where the Ombudsman's Office interviewed Terry Sloan, Acting Center Director, National Records Center and Jill Eggleston, the Assistant Center Director ofFreedom of Information Act (FOIA) Operations for the National Records Center at the U.S. Citizenship and Immigration Services (USCIS).
Inquiries to the Ombudsman's Office have identified FOIA requests as an area where the public continues to experience frustration in relation to citizenship and immigration services. Please direct any inquiries related to the topics raised in this teleconference to Margaret Gleason, Senior Advisor to the Ombudsman, at margaret.gleason@dhs.gov. If you have a concern with your USCIS FOIA request and have been unable to resolve the issue with USCIS, the Ombudsman's Office may be able to help.
Freedom of Information Act
Under the FOIA statute, "any person" may request documents from a U.S. government agency. This applies to both U.S. citizens and to citizens of foreign countries. The law allows 20 business days for response to a FOIA request. USCIS has been unable to make that deadline to date, although processing has improved in the past few years. Agencies may withhold information from a FOIA requester under certain exemptions. The law does not allow an agency to withhold information for other reasons, such as possible embarrassment to the agency.
USCIS Processing of FOIA Requests
USCIS FOIA processing is consolidated at the National Records Center (NRC). Prior to 2005, FOIA requests were decentralized, and could be handled on the local level by USCIS. In FY 2006, USCIS had a backlog of more than 88,000 FOIA requests. Jill Eggleston reported in the teleconference that in FY 2010 the backlog was down to 8,000 cases.
There are currently 120 NRC employees, with 30 more new employees authorized for hiring in 2011. Ms. Eggleston informed teleconference participants that current USCIS processing times for FOIA requests vary according to the type of request and that USCIS sorts FOIA requests into three separate tracks. Ms Eggleston also noted the processing time for each type of request.
* Track One FOIA Requests, or simple document requests, are those that request only a specific document, such as a copy of a particular immigration petition.
Processing time: 43 working days
* Track Two FOIA Requests are those where an entire file is requested.
Processing time: 34 working days
* Track Three FOIA Requests are those requests where the individual has a pending hearing scheduled before the Immigration Court.
Processing time: 59 working days
In the FOIA Annual Report for Fiscal Year 2009, the processing times published for USCIS show an average processing time of 215 business days for Track One FOIA requests, 344 business days for Track Two FOIA requests, and an average of 60 business days for Track Three FOIA Requests.
USCIS FOIA Process
As stated on the teleconference, FOIA requests to USCIS can be made with a Form G-639 (PDF - 2 pages, 100 KB) or by written request submitted by mail to USCIS NRC, P.O. Box 648010, Lee's Summit, Mo. 64064-8010; or by fax to 816-350-5785. Most FOIA requests are free, but if fees exceed $25, the requester will be notified in advance of such a charge. Ms. Eggleston stated that a web-based request system would be established in the near future and will be rolled out in two phases: Phase One will be for media requests, while Phase Two will be for all other requests. Currently, the status of a FOIA request can be checked with an NRC receipt number through the FOIA link on USCIS Home Page (http://www.uscis.gov).
Appeals of USCIS FOIA denials or material withheld under FOIA exemptions may be filed to USCIS FOIA Appeals, 150 Space Center Loop, Lee's Summit, Mo. 64064-2139.
As noted in the teleconference, more information on filing FOIA requests with other Department of Homeland Security components, such as U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, is available at DHS | Freedom of Information Act & Privacy Act (http://www.dhs.gov/foia).
Expedite Criteria
By regulation, there are narrow expedite criteria that may allow a requester priority to receive a FOIA response. Expedites will only be granted for cases that present an imminent threat to life or safety requiring the FOIA response, or where there is an urgency to inform the public.
Overall, FOIA requests are handled on a first-come, first-served basis, which is only differentiated based on the three tracks described above, or the occasional expedite case.
Teleconference Questions
In response to questions from callers on the teleconference, Ms. Eggleston stated that certain information is required with a FOIA request to verify identity including name, address, date of birth, and place of birth. Without this information, a FOIA request is incomplete. If information in a file is incorrect, a Form G-639 (PDF - 2 pages, 100 KB) can be used to correct information under the Privacy Act. Another caller asked if USCIS could retrieve an envelope with a postmark from a particular file under FOIA. This documentation might be needed to support an application for adjustment of status under . Ms. Eggleston stated that there is a separate receipt file where payments to USCIS are recorded. If a receipt is requested, the FOIA request should specify that the NRC should search the alien's receipt file.
If records are requested on behalf of a child, Ms. Eggleston stated that names of parents will be requested, and USCIS may ask for proof of parent or guardian relationship before sending information to that party.
Ms. Eggleston said that sometimes in denying FOIA requests for persons with final removal orders, USCIS invokes the 'fugitive disentitlement doctrine' under Meddah v. Reno, No. 98-1444, (E.D. Pa. Dec. 8, 1998). She also said that her office may refer such FOIA requests to Immigration and Customs Enforcement (ICE
Teleconference Recap: FOIA: How Is It Working For You?
On December 6, 2010, the Ombudsman's Office hosted a public teleconference on "FOIA: How Is It Working for You?" where the Ombudsman's Office interviewed Terry Sloan, Acting Center Director, National Records Center and Jill Eggleston, the Assistant Center Director ofFreedom of Information Act (FOIA) Operations for the National Records Center at the U.S. Citizenship and Immigration Services (USCIS).
Inquiries to the Ombudsman's Office have identified FOIA requests as an area where the public continues to experience frustration in relation to citizenship and immigration services. Please direct any inquiries related to the topics raised in this teleconference to Margaret Gleason, Senior Advisor to the Ombudsman, at margaret.gleason@dhs.gov. If you have a concern with your USCIS FOIA request and have been unable to resolve the issue with USCIS, the Ombudsman's Office may be able to help.
Freedom of Information Act
Under the FOIA statute, "any person" may request documents from a U.S. government agency. This applies to both U.S. citizens and to citizens of foreign countries. The law allows 20 business days for response to a FOIA request. USCIS has been unable to make that deadline to date, although processing has improved in the past few years. Agencies may withhold information from a FOIA requester under certain exemptions. The law does not allow an agency to withhold information for other reasons, such as possible embarrassment to the agency.
USCIS Processing of FOIA Requests
USCIS FOIA processing is consolidated at the National Records Center (NRC). Prior to 2005, FOIA requests were decentralized, and could be handled on the local level by USCIS. In FY 2006, USCIS had a backlog of more than 88,000 FOIA requests. Jill Eggleston reported in the teleconference that in FY 2010 the backlog was down to 8,000 cases.
There are currently 120 NRC employees, with 30 more new employees authorized for hiring in 2011. Ms. Eggleston informed teleconference participants that current USCIS processing times for FOIA requests vary according to the type of request and that USCIS sorts FOIA requests into three separate tracks. Ms Eggleston also noted the processing time for each type of request.
* Track One FOIA Requests, or simple document requests, are those that request only a specific document, such as a copy of a particular immigration petition.
Processing time: 43 working days
* Track Two FOIA Requests are those where an entire file is requested.
Processing time: 34 working days
* Track Three FOIA Requests are those requests where the individual has a pending hearing scheduled before the Immigration Court.
Processing time: 59 working days
In the FOIA Annual Report for Fiscal Year 2009, the processing times published for USCIS show an average processing time of 215 business days for Track One FOIA requests, 344 business days for Track Two FOIA requests, and an average of 60 business days for Track Three FOIA Requests.
USCIS FOIA Process
As stated on the teleconference, FOIA requests to USCIS can be made with a Form G-639 (PDF - 2 pages, 100 KB) or by written request submitted by mail to USCIS NRC, P.O. Box 648010, Lee's Summit, Mo. 64064-8010; or by fax to 816-350-5785. Most FOIA requests are free, but if fees exceed $25, the requester will be notified in advance of such a charge. Ms. Eggleston stated that a web-based request system would be established in the near future and will be rolled out in two phases: Phase One will be for media requests, while Phase Two will be for all other requests. Currently, the status of a FOIA request can be checked with an NRC receipt number through the FOIA link on USCIS Home Page (http://www.uscis.gov).
Appeals of USCIS FOIA denials or material withheld under FOIA exemptions may be filed to USCIS FOIA Appeals, 150 Space Center Loop, Lee's Summit, Mo. 64064-2139.
As noted in the teleconference, more information on filing FOIA requests with other Department of Homeland Security components, such as U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, is available at DHS | Freedom of Information Act & Privacy Act (http://www.dhs.gov/foia).
Expedite Criteria
By regulation, there are narrow expedite criteria that may allow a requester priority to receive a FOIA response. Expedites will only be granted for cases that present an imminent threat to life or safety requiring the FOIA response, or where there is an urgency to inform the public.
Overall, FOIA requests are handled on a first-come, first-served basis, which is only differentiated based on the three tracks described above, or the occasional expedite case.
Teleconference Questions
In response to questions from callers on the teleconference, Ms. Eggleston stated that certain information is required with a FOIA request to verify identity including name, address, date of birth, and place of birth. Without this information, a FOIA request is incomplete. If information in a file is incorrect, a Form G-639 (PDF - 2 pages, 100 KB) can be used to correct information under the Privacy Act. Another caller asked if USCIS could retrieve an envelope with a postmark from a particular file under FOIA. This documentation might be needed to support an application for adjustment of status under . Ms. Eggleston stated that there is a separate receipt file where payments to USCIS are recorded. If a receipt is requested, the FOIA request should specify that the NRC should search the alien's receipt file.
If records are requested on behalf of a child, Ms. Eggleston stated that names of parents will be requested, and USCIS may ask for proof of parent or guardian relationship before sending information to that party.
Ms. Eggleston said that sometimes in denying FOIA requests for persons with final removal orders, USCIS invokes the 'fugitive disentitlement doctrine' under Meddah v. Reno, No. 98-1444, (E.D. Pa. Dec. 8, 1998). She also said that her office may refer such FOIA requests to Immigration and Customs Enforcement (ICE
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pcs
04-15 01:36 PM
Tonne of jobs in IT sector. Apply through www.naukri.com.
Indian immigration system will not discriminate
All the best
Indian immigration system will not discriminate
All the best
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chanduv23
02-25 10:56 PM
Do not move to IT!
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..
It all depends on how you look at it. Under the h1b program anyone is a indentured slave, just not indian software engineers. There are good consulting companies and do pay well.
There seems to be a misconception about software and consulting companies. This seems to be perception based on what people hear or see, but in reality, if the person is capable and good, he/she does not have issues with employer/ nor does employer has issues with the person. While Desi consulting companies seem to stretch rules and have their own ways of handling business, they are also a part of the system. They act like a feeder to system, acting as buffer between layoffs and also specialize in immigration and can be really flexible at times and also give you a share of the billing rates which is not possible in a permanant job where there is career stagnation and lack of mobility.
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..
It all depends on how you look at it. Under the h1b program anyone is a indentured slave, just not indian software engineers. There are good consulting companies and do pay well.
There seems to be a misconception about software and consulting companies. This seems to be perception based on what people hear or see, but in reality, if the person is capable and good, he/she does not have issues with employer/ nor does employer has issues with the person. While Desi consulting companies seem to stretch rules and have their own ways of handling business, they are also a part of the system. They act like a feeder to system, acting as buffer between layoffs and also specialize in immigration and can be really flexible at times and also give you a share of the billing rates which is not possible in a permanant job where there is career stagnation and lack of mobility.
seekerofpeace
07-20 08:12 AM
I asked my lawyer specifically about this W2/bank statement/tax forms etc...All he needed was a employment verification letter.
He won't send items which are not needed. Sending extra items doesn't improve or better your chances..................send them what they need if there is an RFE then only you are supposed to send supplementary documents.
He won't send items which are not needed. Sending extra items doesn't improve or better your chances..................send them what they need if there is an RFE then only you are supposed to send supplementary documents.
vedicman
11-30 09:00 AM
The Startup Case For Immigration Reform - Maureen Farrell - Scaling Up - Forbes (http://blogs.forbes.com/maureenfarrell/2010/11/23/startups%E2%80%99-case-for-immigration/?boxes=Homepagechannels)
It�s not just Google that�s worried about attracting and retaining top technical talent. However, the search giant�s recent 10% raise for all its employees is a leading indicator of the talent and compensation war surging through Silicon Valley, and among tech startups around the US.
�It�s the worst I�ve seen since the late 1990s,� says Bessemer Venture Partner�s David Cowan, who estimates that salaries for experienced engineers are up about 20% from before the crisis. Charles River Partners� George Zachary says it takes between $90,000 and $100,000 to land even starting engineers compared to $75,000 to $80,000 just six months ago.
Of the dozen venture capitalists and CEOs I spoke to who are seeing this trend, nearly all say a business-friendly immigration policy could help them find talent to help them grow startups.
�Everyone of my startups has an issue with trying to fill out their engineering headcount plan,� says Cowan. �There are lots of talented engineers around the world. If we invited them to participate in our industry here in the U.S. we would see more Googles and Facebooks.�
Large and small businesses are lining up behind an immigration policy that would make it easier for entrepreneurs and high-tech professionals to come or stay in the United States. Congress did not move forward on comprehensive immigration reform before the midterm election. It has also failed to pass several of the more specific immigration proposals made in recent years. One of these, the DREAM Act, would have allowed alien students who graduate from college or served for two years in the military to stay in the US. Another, the Startup Visa Act, sought to give a visa to anyone who�s received $1 million in equity investment in their company and would create 10 US jobs.
Expect a concerted push to reverse what�s seen as a brain drain from big business and the venture capital industry. Jim Turley, the CEO of Ernst and Young who serves on Obama�s National Export Council, advocates a policy of what he calls �staple diplomacy.� Explaining it he said: �Whenever there�s a student from anywhere in the world who is walking across the stage from a leading university getting his or her PhD or masters we should staple a visa there to him or her and say you�re welcome to stay.�
Immigration proponents cite studies by Duke Professor Vivek Wadhwa, who determined that immigrants created a quarter of all technology and engineering firms founded in the U.S. between 1995 and 2005. Foreign-born nationals residing in this country were part of nearly one-quarter of patents filed in 2006.
Right now entrepreneurs and businesses have two options to bring highly skilled international residents into the US: the EB-5 visa and the H1B visa. With the EB-5 visa, immigrant investors can obtain a green card if they invest $1 million into a new or existing business and create at least 10 jobs. Less than half of last year�s 10,000 EB-5 slots were filled. Eleanor Pelta, the President-Elect of the American Immigration Lawyers Association and a partner at the law firm Morgan Lewis in Washington says foreign nationals are wary of using these visas to start a new business because if a business runs into trouble and the company doesn�t employ 10 workers two years later, the investor will lose his or her provisional visa. �It�s a dicey proposition because you have to use your own money or secure it with your own assets and you might not get a visa at the end of it anyway,� she says.
The H-1B visa is for highly skilled foreign workers who will fill jobs that Americans can�t. US companies must sponsor these visas. The US caps this visa category at 65,000 individuals and it�s nearly always oversubscribed. Cleveland immigration attorney David Leopold and current President of the American Immigration Lawyers Association expects that this fiscal year�s (staring on October 1, 2010) visa slots will be filled by January of 2011. �So from January through next October, no companies can bring in skilled workers on these visas.�
The United States� Chief Technology Officer Aneesh Chopra says President Obama has tried to lower administrative barriers for bringing foreign nationals into the US for professional development. �In his first year the President wanted to make sure scientists around the world who wanted to visit the US to participate in conferences and seminars could do that,� says Chopra. �We have streamlined that process and efforts so they can participate in ways that are a lot more friendly to their participation.�
Many in Silicon Valley question how well even that move has worked. New Enterprise Associates Scott Sandell who invests in companies in Silicon Valley and China says it�s hard to bring in top executives from Chinese firms to meet with executives from his US companies. �Immigration agents are more overwhelmed and seem to have more trouble processing applications than they ever have,� says Sandell, noting that it�s been worse in the past six months.
Still both Chopra and Undersecretary of Commerce Francisco Sanchez say that Obama will put political capital behind immigration reform in the next Congress. �We are obviously committed to comprehensive solution for immigration reform,� asserts Chopra. �There are clear areas of consensus in this country around reform, and areas of high-growth entrepreneurship clearly might be one that we can take action on sooner.�
It�s not just Google that�s worried about attracting and retaining top technical talent. However, the search giant�s recent 10% raise for all its employees is a leading indicator of the talent and compensation war surging through Silicon Valley, and among tech startups around the US.
�It�s the worst I�ve seen since the late 1990s,� says Bessemer Venture Partner�s David Cowan, who estimates that salaries for experienced engineers are up about 20% from before the crisis. Charles River Partners� George Zachary says it takes between $90,000 and $100,000 to land even starting engineers compared to $75,000 to $80,000 just six months ago.
Of the dozen venture capitalists and CEOs I spoke to who are seeing this trend, nearly all say a business-friendly immigration policy could help them find talent to help them grow startups.
�Everyone of my startups has an issue with trying to fill out their engineering headcount plan,� says Cowan. �There are lots of talented engineers around the world. If we invited them to participate in our industry here in the U.S. we would see more Googles and Facebooks.�
Large and small businesses are lining up behind an immigration policy that would make it easier for entrepreneurs and high-tech professionals to come or stay in the United States. Congress did not move forward on comprehensive immigration reform before the midterm election. It has also failed to pass several of the more specific immigration proposals made in recent years. One of these, the DREAM Act, would have allowed alien students who graduate from college or served for two years in the military to stay in the US. Another, the Startup Visa Act, sought to give a visa to anyone who�s received $1 million in equity investment in their company and would create 10 US jobs.
Expect a concerted push to reverse what�s seen as a brain drain from big business and the venture capital industry. Jim Turley, the CEO of Ernst and Young who serves on Obama�s National Export Council, advocates a policy of what he calls �staple diplomacy.� Explaining it he said: �Whenever there�s a student from anywhere in the world who is walking across the stage from a leading university getting his or her PhD or masters we should staple a visa there to him or her and say you�re welcome to stay.�
Immigration proponents cite studies by Duke Professor Vivek Wadhwa, who determined that immigrants created a quarter of all technology and engineering firms founded in the U.S. between 1995 and 2005. Foreign-born nationals residing in this country were part of nearly one-quarter of patents filed in 2006.
Right now entrepreneurs and businesses have two options to bring highly skilled international residents into the US: the EB-5 visa and the H1B visa. With the EB-5 visa, immigrant investors can obtain a green card if they invest $1 million into a new or existing business and create at least 10 jobs. Less than half of last year�s 10,000 EB-5 slots were filled. Eleanor Pelta, the President-Elect of the American Immigration Lawyers Association and a partner at the law firm Morgan Lewis in Washington says foreign nationals are wary of using these visas to start a new business because if a business runs into trouble and the company doesn�t employ 10 workers two years later, the investor will lose his or her provisional visa. �It�s a dicey proposition because you have to use your own money or secure it with your own assets and you might not get a visa at the end of it anyway,� she says.
The H-1B visa is for highly skilled foreign workers who will fill jobs that Americans can�t. US companies must sponsor these visas. The US caps this visa category at 65,000 individuals and it�s nearly always oversubscribed. Cleveland immigration attorney David Leopold and current President of the American Immigration Lawyers Association expects that this fiscal year�s (staring on October 1, 2010) visa slots will be filled by January of 2011. �So from January through next October, no companies can bring in skilled workers on these visas.�
The United States� Chief Technology Officer Aneesh Chopra says President Obama has tried to lower administrative barriers for bringing foreign nationals into the US for professional development. �In his first year the President wanted to make sure scientists around the world who wanted to visit the US to participate in conferences and seminars could do that,� says Chopra. �We have streamlined that process and efforts so they can participate in ways that are a lot more friendly to their participation.�
Many in Silicon Valley question how well even that move has worked. New Enterprise Associates Scott Sandell who invests in companies in Silicon Valley and China says it�s hard to bring in top executives from Chinese firms to meet with executives from his US companies. �Immigration agents are more overwhelmed and seem to have more trouble processing applications than they ever have,� says Sandell, noting that it�s been worse in the past six months.
Still both Chopra and Undersecretary of Commerce Francisco Sanchez say that Obama will put political capital behind immigration reform in the next Congress. �We are obviously committed to comprehensive solution for immigration reform,� asserts Chopra. �There are clear areas of consensus in this country around reform, and areas of high-growth entrepreneurship clearly might be one that we can take action on sooner.�
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