blagojevich retrial

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  • eb_retrogession
    01-05 02:50 PM
    Hi,
    This thread (forum as well)seems to be really enthusiatic abt the immigration reforms.
    Keep it up! I am a new member to this forum who had been passively following the S1932 disaster on immigration.com forums.

    Hopefully things may look better with the new bill sponsored by Arlen Specter.
    The bill looks good but how do we know that it is this bill which will be discussed and not the other bills sponsored by senator hagel,mccain etc..
    Question is even though this bill seems to be a consolidated effort of all the previous bills how can we be sure if this is the bill which will be discussed as part of immigration reforms in feb?
    Also this does not have any clause for applying for I-485 before cut off date?
    So the people who benefit through this bill are probably the Masters/Phd who can automatically adjust their status and the people who have not even applied for a GC ( since no labor cert required).

    But for people who are stuck at their 1-140 waiting to apply for I-485 the only thing this bill helps is increasing the EB quota.
    I am a EB-2 applicant (masters) and would strongly support this bill but i don't see how it helps EB-3 applicants as much unless we have the clause for applying for I-485 before cut off date.

    Even though there is a draft available about this bill, what gets included and what does not, is all up for debate yet. So no one really knows how this bill will look like, come Feb. That is why we are in the effort to have as many proosals that benefit us , be included in the bill.





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  • Prashant
    09-10 11:38 AM
    Some one gave me a red for calling.


    Called

    Tammy Baldwin (D-Wis.) 202- 225-2906 - Supports the bill
    Howard L. Berman (D-Calif.) 202-225-4695 - took the message
    Rick Boucher (D-Va.) 202-225-3861 - took the message
    Chris Cannon (R-Utah)202- 225-7751 - took the message
    Steve Chabot (R-Ohio) 202-225-2216 - took the message
    Steve Cohen (D-Tenn.)202- 225-3265 - took the message

    and calling others as well. Please stand up for this cause





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  • caliguy
    10-23 02:45 PM
    @ fatjoe

    I am not getting through. It just keeps ringing. Has anyone called Ombudsman number and got to speak to anyone?


    Did you send 7001 to Ombudsman? So, Ombudsman is also hopeless?
    Did you call them to find out the status? Here is Om's #, in case you don't know: 202-282-8000. Call them and update us as well.
    [/QUOTE]





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  • pappu
    08-04 06:43 PM
    FBI Name Check
    Copyright � Triceiver.com

    All applicants for immigration benefits must undergo background security checks, and one of them is the FBI name check. It is conducted by the FBI National Name Check Program Section (NNCPS). Since 2003, many green card (I-485) and naturalization applications have been significantly delayed by this process, sometimes by several years! More importantly, immigrants affected by this processing delay are often left in complete darkness. USCIS has adopted a policy that it will not release any information regarding name checks to applicants. Similarly, the FBI has practically shut down all email and phone communications previously available to immigrants.

    How FBI name check works?
    FBI name check, in short, is to compare a person's name against the Central Records System and see if there is a matching record. However, this seemingly simple process can be quite complicated in some cases.

    1. The Central Records System (CRS) is huge
    The CRS contains all information which the FBI has acquired during many years of law enforcement activities. It has numerous administrative, applicant, criminal, personnel, and other types of files, related to not only individuals, but companies and foreign intelligence matters also. Certain records are stored in the FBI headquarters in Washington, D.C., while others are maintained by field offices across the United States.

    When a name check request is received, the FBI conducts a search of the individual's name in the CRS' General Indices. In addition to the person's full name, the FBI will also use different combinations and variations of the same name.

    The General Indices have two types of entries according to the FBI:

    A "main" entry - an entry that carries the name corresponding with the subject of a file contained in the CRS. A main file name thus refers to an individual who is the subject of an FBI investigaton.

    A "reference" entry - an entry, sometimes called a "cross-reference," that generally only mentions or references an individual, organization, etc., contained in a document located in another "main" file. So a reference is someone whose name only appears in an investigation.

    The FBI name check will search both "main" files and "reference" files. In comparison, the FBI Privacy Act request searches main files only. The Privacy Act request is sometimes referred to as FOIPA request, Freedom of Information and Privacy Act. So when an I-485 filer receives a "No Record" letter from the FBI in response to their FOIPA request, it only means that his or her name doesn't match any "main" entry.

    During a name search, the FBI first checks the person's name electronically against the Universal Index contained in a database called Automated Case Support (ACS) system. For most people (68% according to the FBI), the results come back with "No Record" within 48 hours, meaning that their name checks are considered cleared. If there is a match, called a "hit," an agent must manually review the file or entry. This secondary name search usually identifies additional people as having "No Record." According to the FBI, about 10% of name check requests must go through yet a third level of review, during which the matching record must be retrieved from the source. But there is a problem:

    2. Not all records are digitized and many are still paper documents
    If the matching record has a digital copy in the ACS, it can be reviewed quickly. Otherwise paper documents must be transported to the reviewer from one of the FBI field offices which are located all over the country. This could cause significant delays. The name check result after this review will be forwarded to the requesting agency such as the USCIS.

    3. Sheer volume of name check requests from multiple agencies
    Although the name check itself could take a long time in some cases, it is not the bottle neck. The more serious problem is the time it takes for an analyst to actually get to a case after a "hit," due to backlogs. This is probably the No.1 reason for a lot of cases that are stuck in FBI name checks.

    The FBI name check backlog may have several causes, and one of them is the sheer volume of requests. In addition to USCIS, many other Federal agencies, congressional committees, as well as state and local law enforcement agencies, all request name checks as part of their background investigation or clearance processes. According to Michael Cannon, Section Chief of NNCP, the FBI processed 3.7 million name checks in 2005, compared to about 2.5 million/year before September 11, 2001. In 2006, the USCIS alone sends more than 27,700 requests on a weekly basis.

    Moreover, it is not clear how strictly the FBI follows the order of first-in, first-out. It is particular difficult to find out exactly how the FBI would queue cases that have returned with potential matching records. From the simple fact that some name-check cases can be pending for several years, and not all of them are that complicated, the FBI's queuing method may need a review of its own.

    4. Lengthy name check process and national security
    Although conducting name checks is an essential step in identifying national security and public safety concerns, the current process may not achieve its intended objectives. The reason is that in almost all cases, a person whose name check is pending is currently present in the United States. So the lengthy process actually extends an individual's stay in the US. If it takes years to come to a conclusion that the person is indeed a security threat, what will happen during those years? In this sense, timely processing of name checks is not only a relief to legal immigrants, but a must for national security reasons.

    5. It is difficult to expedite FBI name checks
    In 2007, the USCIS established new policies on expediting FBI name checks and the criteria are very limited. The USCIS may demand expedited handling only if the case involves military deployment, age-out or sunset provisions, loss of certain benefits, or other compelling reasons such as critical medical conditions. It specifically stated that Writ of Mandamus (WOM) - a lawsuit forcing the government to act quickly after an unreasonable delay - would no longer qualify as one.

    Writing to Senators, Congressmen, or even the First Lady, have not shown as much success as many were hoping for. In fact, most Congressional inquires are now simply coming back with "case pending" responses. Some offices have stated that they will no longer contact the FBI for cases pending less than a year, citing an increasing number of letters asking for assistance. However, for most poeple, contacting congressional representives is one of very few channels still available to receive any information regarding their pending cases.

    6. The name check situation may get even worse, before it improves
    According to the USCIS Ombudsman, there is a staggering 329,160 FBI name check cases pending as of May 2007. Among them, 211,341 (64%) have been pending more than 90 days and approximately 32 percent (106,738) pending more than one year. Now with the biggest fee increase in decades, taking effect July 30th, 2007, The USCIS has proposed to allocate more funds toward the name check process. And the FBI indicated that additional funding would allow them to add more staff to speed up the process and reduce backlogs. Many are skeptical, but we certainly hope that they will achieve some of the goals this time.



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  • desi3933
    08-21 04:33 PM
    I am thinking a Flower Campign to Sen Lofgren??..what do you guys think..

    ""Forget Me not ..I am EB-3 India (Highly skilled) waiting a decade for my Green Card"..Please pass the Visa recapture bill! ""


    As per your profile
    Labor Approval Date: 04/21/2003 I140 Mailed Date: 05/05/2007

    May I ask you the reason for 4 year gap for I-140 filing? Are you using Labor Substitution?

    One more -
    Since you are waiting for decade, I assume your PD is 1998 or 1999. Is that correct?





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  • conchshell
    07-09 09:13 PM
    Please do not feel violated by what Smitha mentioned. If we claim that we follow Gandhi's path, than we must act on it. Smitha has her own way of thinking and even though we disagree, kindly respect her point of view. She has suffered as much as any of us has suffered in past days/months/years.

    Smitha, I would like to remind you about an incident from India's freedom struggle. When M. K. Gandhi requested the nation to start burning the cloths that were made in Great Britain, most of the people felt that it was inappropriate. What can you achieve by burning your own cloths? But later on an entire nation saw the power behind civil disobedience. Even the people who were worst affected by Swadesi Movement (the cloth mill workers of Britain: who lost their jobs-bread-butter because of less demand) realized that this was done to support a just cause.

    I would like to quote a poem by C. Rajagopalachari:

    Victory is certain, O Mind!!
    Away with false fear.
    Devotion bears its fruit.
    Shoulders we have, Broad and strong, And intelligence.
    We can gather what we work for.
    Unalterable law protects Our efforts unflagging.
    Away then with fear and despondency!

    So I urge you to be away then with false fear and despondency. Sending flowers is humane and certainly not illegal.



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  • vbkris77
    01-05 07:43 PM
    This may not be a big change. These laws made more sense when they had less or no wait to get into the country for Perm residency and then wait long enough (5 Years) to understand how this country works, before getting a citizenship.
    With the change in the cirumstances, it is not case anymore. Most of the people waiting for GC are much better of with the way things work in this country. So we are basically not challenging the law but the interpretation.

    More over If CIR can promise a path to citizenship for illegals, I don't know why not this can be done for legals.





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  • jonty_11
    06-22 02:44 PM
    My lawyer said u cannot have 2 485 petitions with USCIS.
    My Lawyer's response - You should be aware that you cannot file two I-485 applications. If you file individually, there is no option to file as a dependent UNLESS the pending I-485 is withdrawn.



    Awaiting reponse from my wifes lawyer.



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  • alias
    08-07 02:29 PM
    If someone is smarter to get his way ahead of me, it is good for him/her. I cannot blame my status on someone else's intelligence/ smartness. If I do not know how to play the game, it is my problem (it actually is, hence I am stuck). But that is OK. I am happy the way I am.

    I like what you say. That attitude helps long-term for leadership! Selfishness and mean attitude is only shortsightedness.





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  • asanghi
    07-13 03:57 PM
    Anybody knows how to start a free wiki. I can volunteer to put all this information on a wiki that can be updated by anybody. This way we will have an up to date and searchable database on facts & fiction about legal immigrants. This may come handy as a reference while talking to reporters or press.



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  • tapsemi
    05-27 07:37 PM
    My priority date is current now and my company has already filed for my I-140. I have have two questions:

    1) My wife converted from H4 to H1b last year end and she has not gone out of the country to get any H1b stamp. Will this complicate things? Does she need to go out to get a valid H1b stamp? In case of any trouble, will it be easy for us it she converts back to H4 again?

    2) I saw that I485 processing times are taking about 6 months at the CA service center. Hence, under the current conditions, what is a better choice go: for Consular processing or Adjustment of Status? Thanks. :confused:





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  • imneedy
    05-16 02:31 PM
    Will i face any problems in future when our pd becomes current.
    Our lawyer says there should not be any problem but i don't know if he is correct.:(

    It is not clear what you mean when you say that. How can you get EAD without filing for 485 [which you can file only when your PD is current].



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  • priderock
    06-18 10:25 AM
    Hi everyone,

    I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be nice.

    Thanks

    My lawyer only asked for the W2 ans tax returns for the last two years. I think the latest two to three years shall be sufficient unless USCIS asks for all specifically.

    Are there any instructions specifically asking for W2s and returns for all years of your stay ? or every one is including all they have just to be safe.





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  • desitechie
    09-24 06:17 PM
    Hows ALLVOI compared to vonage and lingo?



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  • amis121
    07-13 09:06 PM
    Dear Mr. Dobbs,

    Today you have proved how low you can get. You have criticized H1/L1 numerous times before and today your show criticized O1 visa, which is popularly, know as elite visa. This visa category is created for persons with international fame such as Nobel laureate, international fame athletes, musicians and entertainers. Today your show criticized none other than famous soccer player David Beckham. David is a highly successful international soccer player and his stature is often compared with top ten soccer player in the history of soccer. such as Pele, Maradona, Becanbaire, Platini, Ronaldo, Zidan and others. He is coming to play for LA team not to snatch your American middle class job. On the contrary he is going to help local economy grow when fans will completely fill the seats of soccer stadiums all over the USA. Unlike football soccer is not a mainstream American sports and most of the match organizers face hard finical decision to organize large soccer events. Wherever David Beckham goes fans follow him and all those empty seats will be filled within no time. WHEN STADIAMS ARE COMPLETELY FILLED FOR A MAJOR SPORTING EVENT, IT IS THE LOCAL ECONOMY THAT GETS THE MAXIMUM BENEFIT. So in other words Mr. David Beckham is coming here not to snatch middle class American jobs but to create jobs for them. IT�S THE ECONOMY STUPID.

    If you really care for middle class Americans why don�t you run for the President post? Can you make public statement of your annual income from your myopic shows, books sale and public appearances. If you really care so much for American middle class, let me ask you a very basic question. Can you show us one example where you have contributed to some organization that helps inner city kids (mostly blacks) improve job skills? Can you show us one example that you have motivated and convinced one high school drop out to go back to school and that kid followed your advice and went back to school?

    There are people like Governor Swaznegar (an immigrant), Magic Johnson you are silently doing exactly just that. These fine gentlemen created and funded (still continuing) organizations that provide on going job related training to inner city kids in Chicago, New York and many large cities so that they become productive American citizens.

    Come on Mr. Dobbs, show some character. Don�t just make publicity stances. Change America and provide equal opportunity for all. As a first step just become a mentor of Big Bother & Big Sister organization ( it won�t cost you a penny) and motivate a high school drop out (you may pick up a white kid because everybody knows you do not like other color) to go back to school. Present him on your show and make him as an example of how America is changing to face the challenges of globalization. The Americans are eager to see some character here. Come on Mr. Dobbs what are you waiting for!





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  • gin07
    02-20 12:33 PM
    hey guys in one of the forum you r talking about some A# in H1 approval under beneficiary box......but in my approval i don't have any number.....what does it mean??? i have to face PIMS problem:mad:



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  • mohican
    01-15 09:31 AM
    Hi RajuSeattle--

    You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.

    Please note the response I got from the attorney of my previous employer (the one who revoked)

    This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.

    Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.

    I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.




    Quote:
    Originally Posted by rajuseattle View Post
    Mohican,

    From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.

    I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.

    Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
    or for some other reason revoked your approved I-140.

    If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.

    Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.

    Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.

    Technically you can not use EAD until they restore your I-485 petition.

    Wish you good luck and hope you will have a successful outcome.
    Edit/Delete Message





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  • chintu25
    09-10 09:41 AM
    I have this link for the hearing but unable to play the video Any suggestions or other links

    http://judiciary.house.gov/hearings/calendar.html





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  • puddonhead
    08-31 12:42 PM
    Okay - so anybody needs referrals? Please ping me.

    I will donate $25 to IV for each referral that I give (and hence earn 2 months). And anybody I refer will also get 2 months free service.

    I will also request anybody else using referral to donate $25 for each referral you get or give.





    logiclife
    01-01 01:38 AM
    Sorry, although this is an independent thread, I cannot help myself posting the same thing here. Dont want to miss a chance to spread info on this within our retrogression victims:

    This according to washingtonpost.com's editorial. See the editorial here:

    http://www.washingtonpost.com/wp-dyn...123100764.html

    This House member is apparently retiring in 2007 after serving his current term.

    Here is an extract from his article that hits the homerun when it comes to retrogression. (please read this article entirely to get to know what this guy is all about).

    We rarely hear about the long and shameful wait of up to five years facing a person seeking to immigrate legally into the United States, or the legitimate cross-border business that finds roadblocks at every turn. Kolbe consistently pushed the government to treat the people caught in this bureaucratic wastelands with respect. To be sure, he was a strong advocate of tougher border enforcement, but he knew that enforcement should be only a single component of a much bigger strategy.

    This man is honest, candid and outspoken and unpopular:( at home(arizona) because of that. But the keyword here is candid and well-informed:). If the EB retrogression is presented properly to him, he could be an effective voice in the house.
    Now, does anyone live in Arizona's 8th congressional district who can do something here. Arizona's 8th is most of Tucson, eastern Pima County, all of Cochise County and parts of Pinal and Santa Cruz Counties.

    The congressman's official site is http://www.house.gov/kolbe/





    makemygc
    07-09 09:57 PM
    This is just a message to 2005/2006/2007 PD guys. Please don't think that some miracle will happen and dates will be current soon, it will take its own time. Mostly for EB2 & EB3June 2006- June 2007 guys, it will be like a lottery if the PD becomes current somewhere in 2007 Oct-Nov time. Right??
    So life is not always easy. There are people waiting since 2002-03-04.
    Don't think that life is not a FIFO always.

    Why some of the guys became violent when I said, INDIA IS GREAT???
    Guys.. do you know why I always feel like this???

    As my parents,in laws and most of my relatives stay there. Not only mine, allmost all guys who are in the IV, they must have parents and relatives in India for sure. There is no other reason why I said India is great.

    Someone asked me to pack up... YES, I will if nothing happens;however, I will be waiting to see the progress for sure. This is July. Let's have a look over OCT bulletin after 2 months and for sure dates will move atleast 4-6 months for EB2 guys and 1 year for EB3 guys. So wait, be patient, instead of doing all this.
    Anyway, our turn will come sooner or later, so why to become impatient just seeing the JULY bulletin CURRENT and then "U".

    Mainly this is the message for 2005-2006-2007 PD guys. Please don't take it otherwise.

    I exactly know where your statements about 2005-2006-2007 coming from. Your basic assumptions is that 2005-2006-2007 guys are those who just came to US 2-3 yrs back and now want their GC asap whereas you are waiting in line for 6-7 years...right?
    Ma'm with all due respect, that is not correct for most of the cases. There are several people who has to re-file their labor for several reasons (employer greedy, company overtaken, laid-off, company gone bankrupt etc etc.). That does not mean that 2005-2006-2007 guys are asking that they should get GC before 2001-2004 people. What most of the people need is an ability to file for AOS so that they can indepenedent of the clutches of their employers.
    I'm sure if you widen your horizon, you will be able to understand the plight of all your brothers and sisters stuck in this retrogression.



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