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  • pappu
    02-02 02:54 PM
    House Immigration Subcommittee Holds Hearing on Naturalization

    On January 17, the House Immigration Subcommittee held its first oversight hearing of the year, and the subject was the naturalization processing backlogs. Due to a confluence of factors, including a very significant fee increase that went into effect on July 30, 2007, U.S. Citizenship and Immigration Services (USCIS) received approximately double the number of naturalization applications in its Fiscal Year 2007 than it had during the previous year. USCIS is saying that, as of now, anyone who applied for naturalization after June 1, 2007, can expect to wait 16 to 18 months to have their application processed.

    Remarks by Subcommittee Members

    In her opening comment, Representative Zoe Lofgren (D-CA), Chair of the Subcommittee, noted that one year ago, the Subcommittee had a hearing on the proposed fee increase, and was told by USCIS that it need the fee increase to increase efficiency. At the time, the processing time for citizenship applications was six months.

    Representative Steve King (R-IA), the ranking Republican on the Subcommittee, played the role of immigration historian. In his opening statement (and in his questioning), he focused almost exclusively on the INS� Citizenship USA program of ten years ago�back in the day before computers were standard issue in the immigration agency. In that effort to deal with a naturalization backlog, some applicants were granted citizenship before criminal background checks were completed, and some who received citizenship were found later not to be eligible. (Since then, however, much more stringent processes have been put in place to screen applications for naturalization. And the agency now does have computers.)

    USCIS Director Emilio Gonzalez

    Emilio Gonzalez, Director of USCIS, gave some background on the development of the backlog and summarized what USCIS was doing about it. During June, July, and August of last year, USCIS received three million immigration benefit applications of all kinds. Their first priority was issuing receipts for those applications. Next, they processed and sent work authorizations, which they are required to do within 90 days.

    In the meantime, a large number of naturalization applications piled up. To deal with the extra workload, USCIS is hiring 1,500 new employees (in addition to the extra staff they planned to hire after the new fees went into effect). The agency is also re-hiring former (retired) employees. While waiting for the additional staff to be trained and deployed, the agency will be asking current staff to work overtime, using budgeted overtime early in the Fiscal Year.

    Other steps are also being taken. Still, Mr. Gonzalez noted (in his written testimony) that it will take until the third quarter of Fiscal Year 2010 before the agency is back to a six-month processing time.

    During the question and answer session, there was a fair amount of discussion about a portion of the backlog that preceded the surge in applications and was caused by a delay in the background checks conducted by the FBI. Some individuals have been in limbo for well over a year waiting for clearance from the FBI, and Mr. Gonzalez noted that last year more than 5,000 lawsuits were filed against the agency�80% on the FBI name check delays. The FBI, he said, has a paper-based system that is only beginning to be addressed. For now, it takes people to handle the files. The FBI has brought on some additional contract personnel and full-time employees to work on this problem.

    Rep. Lofgren said that she would ask the FBI to come before the Subcommittee to explain its perspective on the name check delays. [Subsequently, we were told that the full Judiciary Committee will have a hearing with the FBI on a range of issues, including the name check issue.]

    Non-Government Witnesses

    Also testifying at the hearing were Arturo Vargas, Director of the National Association of Latino Elected and Appointed Officials and Fred Tsao, Policy Director for the Illinois Coalition for Immigrant and Refugee Rights. Mr. Vargas said that his organization kept USCIS apprised of its efforts to get immigrants to become citizens and the agency should have taken that information, plus experience with past fee increases, into account to take steps to be better prepared for the surge in applications. NALEO is recommending that the agency focus sufficiently on reducing the backlog so that all immigrants who applied for naturalization in Fiscal Year 2007 (which ended September 30, 2007) are sworn in as citizens by July 4, 2008. Otherwise, many immigrants who applied for citizenship last summer will not be able to vote in the elections this November.

    Mr. Tsao echoed the point about USCIS having ample information that a surge in applications was coming. He recommended that USCIS (and the FBI) report regularly to the Subcommittee regarding progress being made on reducing the backlog.

    In concluding the hearing, Rep. Lofgren suggested that she might also conduct a hearing on the agency�s information technology.

    Additional Information

    In a subsequent meeting with community-based organizations, Michael Aytes, Associate Director for Domestic Operations of USCIS, gave some additional specifics on the status of the naturalization backlogs. He noted that the total number of new employees being hired will be approximately 3,000�between the additional staff they are hiring to deal with the backlog and the extra staff being paid for by the fee increases. Regarding the FBI name check issue, he noted that, during the House hearing, every member of the Subcommittee�Republican and Democrat�inquired about the name check issue, and that this issue is now being dealt with at high levels both in the Justice Department (in which the FBI is located) and in DHS. He indicated that decisions have been made on the hiring of many of the new adjudicators that are being brought on board, but training and placement are still weeks away, at least.

    He also said that the agency is starting Saturday and evening interviews, and applicants should be encouraged to make every effort to show up for their interviews.




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  • HopefulNomad
    12-19 02:09 PM
    I just called Sen. Cornyn's office.
    A person actually picks up. He will ask you for your zipcode.

    I told him that I'm in support of his SKIL Bill.
    And he says that he will pass it on to the Senator.

    It is this simple. I hope all our members can also just quickly give him a call. It only takes a minute!:)




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  • raoece
    07-06 05:10 PM
    once I-140 approved then that PD is locked for you , you can port that date with your new I-140 filing. no need to file 485 and wait for 6 months, this only for Ac-21 porting with new employer.




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  • stones
    06-30 05:46 PM
    My OPT was ended on Dec 6th, 2008, I am a Ph.D graduate.

    I got H1B approved (Company A - Technology Company - not software)from Oct 1st 2008 to august 1st 2011

    I lost my job in September, 2008 and I moved to company B (Software), USCIS received my application at the end of October, 2008. It is still under process.

    Recently in June, I moved to another job (Company C - non profit and very good institute). Now USCIS is aksing (I have time to provide this until July 20th) for paystubs in October to check my valid stay in US, which I do not have, I only had OPT Card and I20.

    What is my Option now? Do they approve or ask me to go back to India and get stamped right away? or If they deny it now, what should I do? Please help me out. I paid $230 to sheila murthy before I got this job, she said they would either they approve, or they would ask me to get stamped by going India. Please help me out,

    Thank You



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  • gc28262
    12-16 12:02 PM
    I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -

    1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
    3. Will they ask for payroll or W2 for 2009?
    2. Will they ask me any sort of documents - other than I797?

    Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.

    Thanks in advance.

    You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.

    Your H1B is still valid.

    I guess that answers part of your question.




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  • gc_on_demand
    05-14 11:27 AM
    Is there anyone out there pursuing CP and already working in the USA?

    In today's economy/job market, it is a nightmare not to have the protection of EAD.

    Is there anyway we can get EAD for people in CP queue? Issuing EAD for those CP filers who are already in the US on work (H1B) VISA - is that even a possibility?

    Any thoughts?

    Looking at your PD it will take a while to get green card in either route. CP is great when dates are current so you can easily get GC . but when dates are not current AOS is good becasue dependetns can get EAD and also little more security than not having EAD.

    CP is done by Dept of State ( Consular Post ) and AOS is by USCIS. They are totally different agency under umbrella of DHS. CP cannot get benefit of EAD.

    For you it will not be easy to be in both place now. It will be option for person lets say like me whose date never became current and I when I filled I 140 I mentioned CP. I think it take 1 year to route your application to Consular post. so later if my dates become current and my application is not at consular ( Means I am not going to get interview ) I can file AOS. But person already have file CP for more than year then if dates become current he / she will get interview.

    For mumbai consulate there is option for AC I 140. where consular accept Attorney certified copy of I 140. So if I believe that my PD will become current in coming 2-3 months then I can file I 824 and ask to route my I 140 to Mumbai for CP. which takes 1 year atleast to finish . but in meanwhile my date become current I can take receipt notice of I 824 and go with attorney certified copy of I 140 and they can grant me visa. But it needs very sound planing of when date become current. ( Which is not possible in current environment ). If dates are current for a long time CP is good.


    Now you dont have even option to get EAD so I would say stick with CP.



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  • sledge_hammer
    04-13 02:17 PM
    What line of work are you in? Either send me a PM or post here.

    I already transferred my H1 on 1st week of March within 1 day and worked on a 3-4 week project ( real Project from a good client) but now we are not been able to nail the next Project and this new company is very accurate about H1 ( they should be also ) - they will cancel my H1 after the last Pay stub.

    They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.

    If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.




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  • archpai
    12-16 09:16 PM
    There is on Ajay chaudhury in houstan.



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  • desi485
    01-08 12:55 PM
    My employer has not provided copy of labor or I-140.

    I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?

    not having copy of labor or I-140 is an issue for AC21?




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  • gc_on_demand
    05-19 10:06 AM
    Hello Members,

    I am starting this thread to get idea on how many new members on this forum who didnot file for I 485 during July 2007. Numbers can give us some idea on future campaign etc.. Please submit your answer and keep this poll on top of all threads for few months.



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  • Jyothi
    01-25 09:57 AM
    I support this.. Please draft the letter




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  • kevinkris
    03-05 02:20 PM
    They will apply for H1 again in 2010, but good news is you will not be in 65k cap.
    They can apply anytime and get a fresh H1.

    That i what i think.



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  • geevikram
    11-21 09:29 AM
    IV is trying. What did you do?




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  • arihant
    03-26 04:17 PM
    Who are the guys making more than 250K? Why are they stuck in retrogression?

    I am assuming that if you are salaried employee and making more than 250K, you should be at executive level qualified for EB1 visa - which is current for all countries.

    These folks are most likely doctors...doctors salaries are in that range.



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  • bluekayal
    05-14 04:47 AM
    google "follow to join"




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  • imh1b
    02-16 10:48 AM
    Time for paid membership on this website...at least $5 a month..else, we will these kind of non-sense discussion threads...waste of time and resources (Including this message)

    These time- pass threads are better than EB2 Vs EB3 threads.



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  • anilsal
    11-16 10:43 PM
    I think healthy trade/economic relationship with economic potential powerhouse INDIA is important for the US in the long term. That is why the deal was a done deal long long ago IMHO.




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  • thatwillbeit
    05-27 12:26 PM
    I have the same inference as above .....

    Can some please confirm this

    Thanks




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  • needhelp!
    03-12 10:42 AM
    Sandeep is a batch mate.. Yeaaa Sandeep !!




    kothuri
    06-10 10:24 AM
    My opinion is it is better to get a lawyer to file Nunc Pro tunc.

    Read this article on the same. http://www.murthy.com/news/n_nunpro.html

    It means if not then now or some thing like that. I guess it is a latin or greek..not sure though.




    chi_shark
    12-02 02:55 PM
    hey guys, what are you doing for taxation and new year planning for your businesses? This is the first time i will be filing taxes with IRS for my new business... i plan to use turbotax and quickbooks - dont have much activity this year... just want to know how many others are also looking forward to it and what they are doing about it... i know that taxes are not due until mar 15...

    i have a feeling that no one will reply... but lets see... :-)



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