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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




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  • bestia
    08-03 08:15 PM
    How tempting to change few words, add few dates, add few signatures, etc.. so the case looks better.. and then all of a sudden we hear messages like "Please help!!! my H1/LC/485 denied, back in 2004/2001/1997 we applied and did or didn't... please help!!!"

    Be firm in your documents. If you don't like your documents, so be it. Send USCIS whatever you have, but the truth. In worst case scenario you will get RFEs, so what? Respond that this is what you have. Don't be creative, just use what you have. When I was in embassy I took only what was necessary and for any request to any other document I answered "I don't have it". Officer was pissed, but he approved - he had no reason to deny.

    For the same reasons my lawyer insisted on EB3 for me, although I could go for EB2, but I knew, that I will have problems getting good letters from my previous employer.




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  • lifestrikes
    02-11 10:06 AM
    ..

    Legislation is being prepared by U.S. Rep. Zoe Lofgren (D-Calif.) that would make it easier to get permanent residency or Green Cards for advance degree graduates. Lofgren, who represents Silicon Valley, has not introduced her proposal, but she is a veteran of immigration issues.

    Previous efforts by Lofgren have attempted to make it easier for foreign students who earn advance degrees in science, technology, engineering and mathematics, the so-called STEM degrees, to remain in the U.S. Her latest proposal is broader.

    Among the things Lofgren may seek to accomplish in this bill is to create a new Green Card category for advanced degree graduates with STEM degrees, and to enable employers to file immigrant petitions for any of these students, eliminating the need for an H-1B visa for these employers. Out of the 85,000 H-1B visas allowed each year, 20,000 are set aside for STEM graduates.

    U.S. Rep Jeff Flake (R-Arizona) introduced something similar last month. But Lofgren's proposal may go further by seeking protections for U.S. workers by barring their displacement by an H-1B worker, a move that may be aimed at firms that primarily deliver offshore services.

    Link (http://www.computerworld.com/s/article/9208961/Top_H_1B_visa_user_of_2010_An_Indian_firm)




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  • unaikax
    01-04 07:58 PM
    I am going to lodge a complaint with EPFO for PF/Gratuity using the following link
    EPFO (http://www.epfindia.nic.in/grievance.htm)



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  • diptam
    08-03 07:33 PM
    You are OK as long is 140 is approved and 180 days have passed since Filing 485... BUT
    if yor employer get to know your intention and cancel 140 between 180 and 200 days before 140 is approved , you are screwed...

    Thanks,


    I 140 and 485 filed concurrently.
    Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)

    will it create any issue for my GC ?




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  • viva
    01-31 11:13 PM
    he is extremely knowledgable person in terms of immigration, he has 5000+ posts on immigration forums and has helped countless people with immigration issues. His name seems to be Nadeem and is a Canadian immigrant and is a CPA and his EB3 petition is in retrogression.
    In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
    He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
    He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
    Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.


    if he was a cfo or is a cfo, as he claims on previous posts, why is he filinf under eb-3? why can't he file under eb-2 or eb-1? isn't eb-1 for multinational executives?

    most cfos would be toiling inside their companies, rather than spending time on forums. may be, he is just getting to act out his dream of being a cfo on the forums. may be, he thinks he can get away with claiming to be anything. after all, who is going to check? i could say i am the ceo of citibank or intel or microsoft. who is going to check on that? i can post a link to the sec website where my name will be shown as steve balmer.


    people can claim to be a lot of things in this world..just don't believe everything they say without proof....


    if i said that i am a talking elephant, would you believe me? probably, no. so, why would u believe that united nations is what he says he is?



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  • amit79
    04-10 05:00 PM
    WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.

    I read this as saying this....
    The 163k number includes the advance degree number. So it is 132K for general and 31k for advance

    Ys, total petitions received are 163,000




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  • smurugan
    11-02 03:37 PM
    Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.

    Thanks for all the inputs



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  • GCBy3000
    08-23 04:28 PM
    I dunno from where they come upwith number. From the same site look at this link

    http://travel.state.gov/pdf/FY05tableI.pdf - This is given at foreign out post.
    EB - 2001 2002 2003 2004 2005
    43129 39289 29712 28624 21290
    and compare with

    http://travel.state.gov/pdf/FY05tableII.pdf

    and compare with below data.



    YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)



    2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
    2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
    2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
    2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
    2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
    2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)


    These figures are from this link
    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html




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  • desi3933
    02-25 09:07 PM
    ......

    what are the options for me?

    can I apply for a H1b transfer?

    please help

    When was your H1-B amendment denied?
    What is your current LCA salary vs. original LCA Salary?



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  • sankap
    07-14 06:21 PM
    Houston




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  • helmet
    01-15 08:37 PM
    I think they will send the results with in a week time. you have to mail them the original results certificate with in 120days.



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  • pappu
    04-10 12:28 PM
    I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.

    The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.

    Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?

    I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.

    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.




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  • iwantmygreen
    04-22 08:29 PM
    Has anybody got any experience where an approved 140 was revoked by employer. The 485 is pending.



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  • paskal
    12-19 04:55 PM
    midwest folks- where are you
    please post your availability
    the more the merrier....




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  • frostrated
    08-05 04:01 PM
    I think this is like saying.....My friends drove on I-101 at 80 MPH and they never get Ticket. Ahhha....Immigration is like game and we never know when you get trapped.
    Take advise of your Attorney, still you need to work on your own to get exact information....and correct way of doing.
    I think person shouldn't leave country after applying AP and come back with AP which got approved while abroad.
    Yes they can if they have VALID H1/H4 Visa stamping.

    Thanks.....No offense guys.
    VK.

    I had to leave the country on work and was outside for close to 4 months. When I left, I had an approved AP1 in hand, and had applied for AP2. AP2 was approved while I was outside the country. I returned on AP2 with no problems.



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  • sdrblr
    09-27 12:09 PM
    On a side note, what do you guys suggest to use for trading for someone like me who does it occasionally and very low volume both in terms of quantity and $. Currently I use share builder... is there anything cheaper and better than this.




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  • gxr
    10-03 06:58 PM
    So, is that when you got the background check ?

    Here is why I am asking the question:

    My RD was 10/06, LUD was 10/26 and I am now afraid that mine may be another background check case.




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  • diptam
    05-12 11:01 PM
    Generally i see such emails on Friday/Saturday late nights - hopefulgc is doing it Monday :) Just Kidding and take it EZ !!

    Things are no so easy - if laws could be changed easily, lot of lobbyists have way more than 1 MM dollar - that's not any big money at US ... Massachusetts Governor Mitt Romney wasted 35 MM personal fortune, Billary Clinton in strangled in 15-20 MM election debt where as Barack has created a historic fund raising record ( who single mother has raised him by taking help from Food stamp )

    Everything is not just money (at least in America) - the line of money ends somewhere - even America being a Capitalist Nation. You know why Dick cheney is hated by 75% of Americans ?????:)


    We need to raise a million $. Anything less is seeming to just not cut it.
    Look where we are now with our half-hearted efforts.


    [B][COLOR="Red"]Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln


    Brethren.... rise!




    Pagal
    07-20 08:27 AM
    Hello,

    IMHO, do not sacrifice the career (either yours or your wife's) for the sake of GC .... the amount of money and experience that you stand to lose by not progressing in the career is very difficult to recoup after you get your GC. In this economy, more experience you gather, better will be your chances of securing a higher position and income. I always chose career over GC ... which delayed my GC by about 5 years, but the extra income and experience have more than made up for it ...

    The good news is that you have an approved I-140, so you have a priority date that you can always use irrespective of type of application and/or sponsor (which means, you can file for a new I-140 based on your new job but with the old priority date). Do ask your new employer if they are open to file in EB-2 within one year of your employment based on your performance on the job.

    The fall back option in terms of your wife's career is dicey to count on in this economy, IMHO. Your H1-B is a better fallback option while your GC is pending....just my 2-cents! Good luck! :)




    gc_chahiye
    06-08 12:06 AM
    But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?

    no. The point was that neither of these companies do H1B abuse (small bodyshoppers in the US do), and trying to mix up immigration related rhetoric with international business is not a good idea.

    If the senators had an issue, there are standard channels with which these can be taken up (both at ministries as well as trade-group levels). Public letters from these senators to the CEOs of our companies were essentially a publicity stunt to win votes and not a constructive way to find out if there is a problem and how it can be fixed. So in the same vein the NASSCOM reply is a broad response with good subtle hints that mixing immigration with India's business interests is not a good idea.



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