Saturday, June 18, 2011

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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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  • TheCanadian
    11-26 02:17 AM
    If he was really smart he would've put up this inconspicuous yet artistically perfect image. Can you notice the subtle differences?
    http://img20.imageshack.us/img20/6350/pickme.gif

    Oh yeah, and I'm impressed you knew the term dimpled chad and managed to work it into a sentence somewhere.




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  • waitin_toolong
    07-29 05:04 AM
    how is the baby supposed to sponsor the parents ??




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  • uma001
    08-13 02:51 PM
    What if


    India is going to charge
    IBM,
    Accenture,
    EDS,
    Microsoft,
    Google,
    Cisco,
    Intel,
    Motorola,
    Facebook,
    Goldman Sachs,
    Morgan Stanley,
    etc., companies to fund for securing all state borders and states from bomb blasts from terrorists.They do not know how much they want to collect. Still counting , because India had heavy losses because of these blasts.



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  • superdude
    07-17 11:26 PM
    Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?
    I think you are good.She needs to mention that she left to India after filing for 485 at the POE after returning.Talk to your attorney once.




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  • Knuckles in Identity Crisis


  • shortchanged
    08-03 06:43 PM
    From my experience None of these issues matter.
    I had I 140 approved in 02/06, no A# on the approval notice.But before approval, I had an RFE on this I-140, with an A#, on that notice, the same A# I had used for I-485 application form.But when I got the I-797 NOA for this AOS, it had a different A#,(July2 '07filer).
    When I did not get reciept even by August 16'07, I filed a 2nd I-485, eventhough many people including Ms.Murthy advised againt it.I just did not want to miss out the window of opportunity of July Fiasco.
    So I have 2 485s pending,I did finger printing for the July2 filing, never got FP notice for the second filing.My wife and son did FP for both I-485s.
    I too was worried about these things, and was expecting RFEs on all these and medicals etc.
    But on 8/1/08, I have got CRIS email with 3 messages for Card Production Ordered for me ,my wife and son. I still do not know what shall I do with the 2nd 485.Also I have appointment for FP for efiled EADs on 8/5/08, which I may not go at all, if I get the snail mail tomorrow.
    As usual there is no logic, pattern, predictability, rhyme or reason with USCIS business.I am just relieved for now that most of my major worries are on pause for now.



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  • rolrblade
    07-20 03:02 PM
    Use G325A since it has four pages. Each page will be sent to different places written at the left bottom of each page. My lawyer sent me G325A.

    I disagree. if you read the instructions on Form I-485 it clearly states nder the inital evidence that you are required to submit Form G325A. No where did they mention GA 325.

    So if i were you, I would agree to the earlier post to submit the G325A along with all your details in a letter or wait for a receipt.

    Consult your attorney.




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  • Demon Knuckles


  • immigration1111
    06-11 10:35 PM
    Hi,

    One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.

    Few questions about his H1B visa.

    1. How many days can he legally stay in the US before he finds one more job gets new H1B.

    2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?

    3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?

    4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?


    I would really appreciate if anyone can please help me with this questions.

    Thank you very much!



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  • gc_bulgaria
    02-12 02:47 PM
    I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.

    Oh no - Its not automatic. You would think there would be a better way than write on cover sheet in BOLD but even though its in their own law, it is not easy to get it applied (especially with TSC).




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  • Knuckles the Echidna - Sonic


  • sunny1000
    04-20 03:09 PM
    I-94 also does not have the date written

    In that case, here is the relevant Q&A in the www.cbp.gov website. Hope it helps:

    Q: How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission?

    A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.
    Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.

    Currently, there is not an approved form to request the correction of inaccurate information recorded on the CBP Form I-94 or I-95 at the time of entry into the United States. You will need to bring the questionable CBP Form I-94 or I-95 and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.

    The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the CBP Form I-94 or I-95 that has been lost, stolen or mutilated must be filed with USCIS.

    Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the CBP Form I-94 will not be corrected. Under these circumstances, you will be required to file an Application to Extend/Change Nonimmigrant Status, Form I-539, with USCIS.



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  • Soul
    05-30 05:12 PM
    :P




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  • srh1
    10-28 07:03 PM
    can any one reply to this thread please



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  • ilikekilo
    06-07 04:16 PM
    I agree 100% with jthomas above...moving from a secured job is not advisable in this market..I lived in Atlanta for a few years recently and can shed some light on the place..

    Even if you have a secured job/contract, it would take a while to get into the new work environment and unless you are absolutely undisposable, you would be on the list of maybe's being a new-hire.

    I will leave the job judgement upto you..

    Regarding the place..

    I moved from chicago to atlanta as well...the place is quite warm and not too hot like dallas...greener and more relaxed..

    Again this depends on your job, dunwoody is a better place..it is in north suburbs..unlike chicago, you can drive downtown to work if you are working downtown...and also unlike chicago most companies in downtown have their own parking and you dont have to pay extra..

    Rent is cheap..I used to rent a townhome in chicago suburbs for 1500$ and I can get a townhome in downtown atlanta for 1000$..you can calculate from that..

    though I lived downtown atlanta for a while..i strongly suggest if you have family to avoid living in downtown..it is not safe and not a place for kids and family to relax and roam around...

    I dont know how long you lived in chicago..but once you move you will definitely miss the vibrant life of chicago...atleast i did..lot of indian restaurants in atlanta but none of them are decent...

    positives: weather, cost of living
    negatives: avg. city life, lesser job opportunities(compared to chicago)

    I am not sure which way my suggestions tilt above..just a disclaimer..i lived in chicago for ~6yrs and absoutely love the place...that might have clouded my judgement a bit..but you can take what suits you from it...

    good luck and plan wisely!!


    thanks for sharing ur insight..iam in Chicago, althought not right in downtown, I do agree with the vibrant nature of the city and people in it...cant beat the commute facilities too, downsides, yes, terrible terrible winters, high cost of living...etc..its JUne and it still low 50's..:)




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  • moonrah
    08-27 10:41 AM
    Does anybody know which is the current processing date for audited PERM cases? DOL claims March -May 2007 PDs, but I personalley know people filed in Oct 2007 and got audited due to Fragomen are approved. And also can somebody confirm if there is only one processing center (Atlanta) for PERM processing



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  • saravanaraj.sathya
    08-22 03:07 PM
    Paskal:

    Thanks for your kind reply. I am new to Buffalo, NY. Just moved from California. I dont know much ppl here. There is lots of indian community here but dont know why none is responding. If I can find one guy also I can book a car and drive there for rally.

    if no one responds here, please find a friend in Buffalo to travel with you!
    or in Rochester or Syracuse or something. Plesae help spread the word about the rally. The University most definitely has affected folks- in fact it has oodles of them! let us know hoe we can help you with motivating people to come...if you could collect enough people...one bus could start in Buffalo and work it's way down...




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  • InTheMoment
    12-04 05:04 PM
    NYCGal,

    I zoomed into your post when I saw DoL Withdrawn... my case shows "Withdrawn" which was apparently due to the famed computer glitch at the BEC. It should have had been returned back to it's original status (In Process) but that has not yet happened even after the DoL advisory to wait until Dec 1.

    My lawyer has gotten in touch with the BEC. I was wondering how much time it took in your case for BEC to correct the error. My RIR conversion recruitement is ongoing and I wonder if the BEC will deliver on correcting in the mistake before it ends.

    Time taken by BEC to correct the error in your case would help me a lot.

    thanks:)



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  • gc03
    12-08 08:58 AM
    Senator Judd Gregg (R-NH) 3rd-term Republican from New Hampshire.

    Contact Information
    Web Site: gregg.senate.gov

    Washington Office:
    393 Russell Senate Office Building
    Washington, D.C. 20510-2904
    Phone: (202) 224-3324
    Fax: (202) 224-4952

    Main District Office:
    125 N. Main St.
    Concord, NH 03301
    Phone: (603) 225-7115
    *************************
    Senator John E. Sununu (R-NH) 1st-term Republican from New Hampshire.
    Contact Information

    Web Site: sununu.senate.gov
    E-mail: mailbox@sununu.senate.gov

    Washington Office:
    111 Russell Senate Office Building
    Washington, D.C. 20510-2903
    Phone: (202) 224-2841
    Fax: (202) 228-4131

    Main District Office:
    1589 Elm St., Ste. 3
    Manchester, NH 03101
    Phone: (603) 647-7500
    Fax: (603) 647-9352
    *************************

    Representative Charles Bass (R-NH 2nd) 6th-term Republican from New Hampshire.

    Contact Information

    Web Site: www.house.gov/bass
    E-mail: cbass@mail.house.gov

    Washington Office:
    2421 Rayburn House Office Building
    Washington, D.C. 20515-2902
    Phone: (202) 225-5206
    Fax: (202) 225-2946

    Main District Office:
    142 N. Main St.
    Concord, NH 03301
    Phone: (603) 226-0249
    Fax: (603) 226-0476



    =========================
    Just called all 3 senators and asked to Support the High-Skilled Immigrant Interim Relief Act of 2006

    Very EASY.




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  • fundo14
    10-15 02:08 PM
    Hi All,

    I received an RFE on my pending 485 application:

    Here is my case:
    I am a derivative applicant working on my own H1

    Here is the content of the RFE:

    1. Please submit a properly completed form G325A. Submit all the documentary evidence to support your employment history listed in form G325A.
    2. Clear copies of form W2 wage and Tax statements
    3. Complete copies of properly filed Tax returns (IRS Form 1040)
    4. Any additional document which confirms your employment history.
    5. You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your pre-offered position (if different from your current one) , the date you began employment and the offered salary or wage. Form letters are not acceptable. This letter should be in original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.

    I can easily provide all the docs above (from number 1 to 4) but I am surprised why I am asked to provide a letter from my intended permanent employer since I am derivative applicant.

    Anyone else in the same boat? please share your experience/ suggestion.

    Thanks!




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  • softcrowd
    02-17 09:46 AM
    "U" does not mean quota is done for FY 08...it may be "U" becoz for those categoreis, quarterly quota exhausted....USCIS normally does not grab the entire FY's quota at one time...they do it quarterly basis.

    Even i think definitely before Oct itself, EB2 India moves ahead.




    perm2gc
    12-01 05:33 PM
    Hi Gurus

    Here is my senario

    I am in my 6th year of H1 which expires in Aug 2007.

    I have my Labor (PERM) and I140 aprroved from my current employer.

    I would like to tranfer my H1 to different employer .

    can we apply for tranfer and 3 year extension of h1 to new employer with approved current labor(PERM) and 140(approved)

    or should I need to tranfer my h1 forst and wait till FEB 2007 to apply my extension with approved labor(PERM) and 140 (approved ) from my current employer.

    I really need your advise on this issue.

    please help on this gurus.

    Thanks

    If the offer is good you can take it .but your new employer has to start the PERM process immediately and you have every chance that labor and i140 will be approved so that you can file for 3 yr extension.
    You can also keep the PD if your employer will not cancel the i140 once you leave the company and your new i140 is approved before they cancel.

    You cannot apply the extension for 3yrs with new employer as your labor and i140 are tied to old employer.




    rjgleason
    October 27th, 2003, 06:13 AM
    Great shot Don....I like that image a lot.

    Some shots from yeasterday at and around the Delaware Water Gap:

    http://www.pbase.com/image/22684252

    http://www.pbase.com/image/22684661



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