go_guy123
05-24 12:43 PM
People do not earn Ph.D. for money. A Ph.D. gives you prestige and you literally stand tall in the crowd for the rest of your life. People call you 'Dr.', which has more value than anything. Most importantly faculties NEVER lose their jobs once they are tenured......NEVER. There is NOTHING in this universe that can fire a Professor (excepting criminal offenses, academic dishonesty etc.). They never fear that their employer will ill treat them, not pay them, yale at them etc. etc. It takes years of blood and sweat (and intelligence) to earn a Ph.D. Society treats them with reputation and not no mention they live a peaceful life (professionally) throughout their lives.
Yes true ....its not easy to get into the ivory tower of tenured prof.
Most phds dont make into that. Mainly phds from top schools make into the ivory tower that you are describing.
Perhaps you are working in univ as faculty due to your phd...good for you....but all dont work as prof.
Yes true ....its not easy to get into the ivory tower of tenured prof.
Most phds dont make into that. Mainly phds from top schools make into the ivory tower that you are describing.
Perhaps you are working in univ as faculty due to your phd...good for you....but all dont work as prof.
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gbof
09-30 04:08 PM
I liked the tone and tenor of aila. What surprises me the most is there is NO work audit at uscis and they feel all powerful to scare/ trouble at their whim...
I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhYWB2ybRzs1mgZtRAlMGmhZuSUN0oWj8e8AjoEv0vLbI1ZOn2L5dELDc0Rm9-GUx5XGCdNASzj1LqmrQBiJSiZutXNojDvoElzS5i2B0dFGkflR82bBgvD0Gk2cNrkbFyYUIrtGpjlhNE/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhYWB2ybRzs1mgZtRAlMGmhZuSUN0oWj8e8AjoEv0vLbI1ZOn2L5dELDc0Rm9-GUx5XGCdNASzj1LqmrQBiJSiZutXNojDvoElzS5i2B0dFGkflR82bBgvD0Gk2cNrkbFyYUIrtGpjlhNE/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhYWB2ybRzs1mgZtRAlMGmhZuSUN0oWj8e8AjoEv0vLbI1ZOn2L5dELDc0Rm9-GUx5XGCdNASzj1LqmrQBiJSiZutXNojDvoElzS5i2B0dFGkflR82bBgvD0Gk2cNrkbFyYUIrtGpjlhNE/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhYWB2ybRzs1mgZtRAlMGmhZuSUN0oWj8e8AjoEv0vLbI1ZOn2L5dELDc0Rm9-GUx5XGCdNASzj1LqmrQBiJSiZutXNojDvoElzS5i2B0dFGkflR82bBgvD0Gk2cNrkbFyYUIrtGpjlhNE/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
glosrfc
11-26 11:20 AM
@TheCanadian, glos is a cunning one. :look:
Unfortunately, that's not the case. If it were, I might've tried to make my buttons look more like...well, buttons. :suppose_maybe:
But it was fun making them and I've had some ideas for new themes!
Unfortunately, that's not the case. If it were, I might've tried to make my buttons look more like...well, buttons. :suppose_maybe:
But it was fun making them and I've had some ideas for new themes!
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immi2006
08-08 01:35 PM
I think it is /qtr basis, not based on salary, for instance if gates makes 1 Million a year, does not mean his SS contri is all done :-)
Irrespective of how much you make, the yearly deduction is always 4 K per anum,
It's not per quarter. It's based on your earnings. It was around $4000 per year gross or so for 4 credits. So if u arrived in December and left in Feb with 8 years in between you would be eligible if you get paid $4000 per month.
For a lot of finance information go to http://groups.msn.com/R2IClub. For 401K information, IRA, ROTH etc search google for "RRK Limits". RRK has tonnes and tonnes of info. By planning your departure from USA you can minimize the taxes on 401K. Penalty cannot be avoided.
Irrespective of how much you make, the yearly deduction is always 4 K per anum,
It's not per quarter. It's based on your earnings. It was around $4000 per year gross or so for 4 credits. So if u arrived in December and left in Feb with 8 years in between you would be eligible if you get paid $4000 per month.
For a lot of finance information go to http://groups.msn.com/R2IClub. For 401K information, IRA, ROTH etc search google for "RRK Limits". RRK has tonnes and tonnes of info. By planning your departure from USA you can minimize the taxes on 401K. Penalty cannot be avoided.
more...
newuser
08-17 11:27 AM
ashkam
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
I think the expiry date is based on EAD, not based on I-485 receipt notice.
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
I think the expiry date is based on EAD, not based on I-485 receipt notice.
javadeveloper
09-27 04:30 PM
Hi All,
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
-------------------------------------------------------------
EB1 ROW
PD: 08/2006
140: approved in 06/2007 (NSC)
485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
FP notice recieved on 09/24/07
FP appointment (self and spouse): 10/16/07
I have same issue:
My paralegals response:
He gave USCIS's Ph# and asked me to call them
USCIS's response:
Don't worry , during 485's approval time USCIS will find that I have two A#'s and consolidate those two numbers.
Now as per other members , do I need to raise this issue with IO at the time of Finger printing??? If we do what we can expect from IO at FP office?
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
-------------------------------------------------------------
EB1 ROW
PD: 08/2006
140: approved in 06/2007 (NSC)
485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
FP notice recieved on 09/24/07
FP appointment (self and spouse): 10/16/07
I have same issue:
My paralegals response:
He gave USCIS's Ph# and asked me to call them
USCIS's response:
Don't worry , during 485's approval time USCIS will find that I have two A#'s and consolidate those two numbers.
Now as per other members , do I need to raise this issue with IO at the time of Finger printing??? If we do what we can expect from IO at FP office?
more...
rolrblade
07-20 01:26 PM
I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.
When did you file? How long has it been?
if you just recently filed, I would recommend that you wait for the Receipt notice of the 485 (at this stage they have not worked on your case yet) and then send the letter along with the correct form.
Atleast that way they can track it and put it where it is supposed to go. Right now, if you send it where are they going to find your form in 700K+ applications comming n and and you not even being in the system.
Consult with your attorney thugh.
Just my 2 cents.
When did you file? How long has it been?
if you just recently filed, I would recommend that you wait for the Receipt notice of the 485 (at this stage they have not worked on your case yet) and then send the letter along with the correct form.
Atleast that way they can track it and put it where it is supposed to go. Right now, if you send it where are they going to find your form in 700K+ applications comming n and and you not even being in the system.
Consult with your attorney thugh.
Just my 2 cents.
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yabadaba
07-23 09:52 AM
ne thots from core?
more...
franklin
09-23 02:42 AM
FWIW - I never got any copies of receipts, just the numbers, from my attorney
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ita
01-23 01:26 PM
Thank you very much for all the replies.
Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?
Thank you.
Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?
Thank you.
more...
larryking
10-23 07:30 PM
Deall All,
Thanks for your replies...i hope you gurus can shed some light into my situation:
labor(EB3) priority date 18 jan07.
I -140 has been approved june 25 2007.
I - 485 ucsis filing date july 19th 2007
EAD recvd Oct 16th 2007 valid till 3rd oct 2008
fingerprinting scheduled nov 7th 2007
H1 and H4 for me & my wife expires may 20th 2008
Here are my questions:
1. My present employer is under a divestiture process. Can i change employers as long as its a similar job? If so, do I apply for a H1 extension or should i work on EAD? (Note: I havent crossed the magical 180 days on the I-485 yet)
2. I have not received my advance parole docs yet but im planning on visiting india in april-may 2008. Assuming i get my AP can i visit India and return to the states and be working for a different employer (company B) other than the original employer (company A) who was my employer when i applied for my I-140, I485 etc?
3. Upon my return if the inspecting officer asks who the petitioner is/was do i tell them that, while i filed for the I-485 i was with company A but i am currently working for Company B? How do i handle this scenario?
4. If I do find another job, but not a "similar" job, then I'd have to file labor again right? If thats the case, will the current I-140 still hold good? Can I file for a second labor while working on EAD / AP? I guess my question really is: Can i file for another labor under EB2 to expedite my priority date? Then can i use my old I-140 which has been approved? What about the I-485? do i need to apply another one?
Thanks for your replies.
Thanks for your replies...i hope you gurus can shed some light into my situation:
labor(EB3) priority date 18 jan07.
I -140 has been approved june 25 2007.
I - 485 ucsis filing date july 19th 2007
EAD recvd Oct 16th 2007 valid till 3rd oct 2008
fingerprinting scheduled nov 7th 2007
H1 and H4 for me & my wife expires may 20th 2008
Here are my questions:
1. My present employer is under a divestiture process. Can i change employers as long as its a similar job? If so, do I apply for a H1 extension or should i work on EAD? (Note: I havent crossed the magical 180 days on the I-485 yet)
2. I have not received my advance parole docs yet but im planning on visiting india in april-may 2008. Assuming i get my AP can i visit India and return to the states and be working for a different employer (company B) other than the original employer (company A) who was my employer when i applied for my I-140, I485 etc?
3. Upon my return if the inspecting officer asks who the petitioner is/was do i tell them that, while i filed for the I-485 i was with company A but i am currently working for Company B? How do i handle this scenario?
4. If I do find another job, but not a "similar" job, then I'd have to file labor again right? If thats the case, will the current I-140 still hold good? Can I file for a second labor while working on EAD / AP? I guess my question really is: Can i file for another labor under EB2 to expedite my priority date? Then can i use my old I-140 which has been approved? What about the I-485? do i need to apply another one?
Thanks for your replies.
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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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bach007
11-27 01:35 PM
Originals of these have to be mailed first right? Do we need to carry copies of these on day of interview????
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sac-r-ten
03-17 02:28 PM
Its better you get in touch with a good attorney on this personally. why wait for free advices on such an important/life changing decision in life.
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chanduv23
07-11 02:42 PM
My EAD and AP application was received June 19, 2009 at TSC. To my pleasant shocking & surprise USCIS approved mine and wife's application in 20 days and we received the card today.
We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).
Thanks
Senthil.
My EAD and AP were receipted on June 9th from TSC. AP got approved, EAD still pending. So I guess these approvals are random.
We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).
Thanks
Senthil.
My EAD and AP were receipted on June 9th from TSC. AP got approved, EAD still pending. So I guess these approvals are random.
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cjagtap
08-21 11:16 AM
throw a party now,we will definitely be there..
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mps
06-04 11:26 AM
I had used 6 months of previous bank statement (original) and had mentioned the same in the letter written to consulate officer.
Using that my parents did get 10 year multiple entry visa.
Using that my parents did get 10 year multiple entry visa.
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kumjay
06-28 03:37 PM
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
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jsb
02-06 12:24 PM
Cris,
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
As others have replied, "under review" means, it is somewhere in the stacks of files. They may not even know where it is.
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
As others have replied, "under review" means, it is somewhere in the stacks of files. They may not even know where it is.
eager_immi
07-17 03:10 PM
Immigration Voice Announcements
UPDATE AT 3:15 PM EST TUESDAY: The latest update we received is the annoucement to be made soon will be as follows:
DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.
DHS will issue a press release to this effect later today.
---------------------------------------------------------------------------------------------------------
UPDATE AT 3:15 PM EST TUESDAY: The latest update we received is the annoucement to be made soon will be as follows:
DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.
DHS will issue a press release to this effect later today.
---------------------------------------------------------------------------------------------------------
flexi
04-04 01:55 PM
... for your help! Now, what do you guys think about getting paid until the end of June by the 1st employer (but at the same time starting to work inofficially i.e. observing only for the 2nd employer) and then going back to work for a couple of weeks for the 1st employer but staring to get paid by the 2nd so that it's fair for both? Would that be legal? If not, there really isn't a good way to deal with this since the new H1Bs are valid not before Oct (if i'd apply for 2 H1Bs), right? I obviously don't want to jeopardize my visa to make my old employer happy so don't want to do anything that's not completely OK in that regard....
In regards to the timing of a petition for a transfer (leaving all the other stuff above aside for a moment), let's say i'd like to start at the new employer 1st of July - to be on the safe side I should get a lawyer, plan a week for them to get the petition ready and then i'd have to wait a couple weeks for the receipt notice (which then allows me to work for the new employer, correct?) - so that would make it 3 weeks?
Thanks again!
PS: more complicated now???
PPS: germany.... not india.... but would love to go there on the way back :cool:
In regards to the timing of a petition for a transfer (leaving all the other stuff above aside for a moment), let's say i'd like to start at the new employer 1st of July - to be on the safe side I should get a lawyer, plan a week for them to get the petition ready and then i'd have to wait a couple weeks for the receipt notice (which then allows me to work for the new employer, correct?) - so that would make it 3 weeks?
Thanks again!
PS: more complicated now???
PPS: germany.... not india.... but would love to go there on the way back :cool:
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