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FBI namecheck delays and Writ of Mandamus Delays in FBI namecheck during 485 processing and legal options of filing Writ of Mandamus in court to get namecheck cleared.

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  #16 (permalink)  
Old 08-06-2007, 12:34 AM
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Quote:
Originally Posted by janakp
Why has AILA not yet filed a class action lawsuit? Why have no lawyers filed a lawsuit on behalf of the entire community?
Let us ask thiis question to all our lawyers and ask them to communicate to AILA? Speeding up namechecks will truly help immigrants and will annony employers who want to keep us waiting as long as possible.

This is an open question to all lawyers reading this post. If you can file such a lawsuit, it will be a big help to this community and you will prove to us that you truely care for our cause.
U kidding??? Very few lawyers go out of the way to do something to further our cause.
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  #17 (permalink)  
Old 08-06-2007, 05:07 AM
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All of this info and more is available in the documents listed in this thread:

http://immigrationvoice.org/forum/sh...ad.php?t=11087 (Reference Only Thread: Name Check Basic Info Documents)

All you have to do is read them.
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  #18 (permalink)  
Old 08-06-2007, 08:26 AM
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Quote:
Originally Posted by Googler
All of this info and more is available in the documents listed in this thread:

http://immigrationvoice.org/forum/sh...ad.php?t=11087 (Reference Only Thread: Name Check Basic Info Documents)

All you have to do is read them.
Hi googler,

I understand you started the above "reference name check thread". Is there any reason that one has to talk about name check related issues only on that thread? This is a lean period, there are no emergencies or deadlines, the lists are not clogged with any urgent matters. Last week I requested info about name check, and got a similar posting from you. Now someone has put up a set of useful documents and a few others are discussing it, and again you are making the same posting about your thread. Is there an award for "most read thread" that goes to the thread-starters? By discussing an issue that interests you in a different context, is there any reason for you to become overtly concerned for where the discussion should be placed? Why cant you get some web admin privilege from the core and gather all "name check" postings under your darling thread cited above? Maybe your intentions are good - a mega reference for name check-, may be you want to create a resource on the lines of "namechecks r us (or) s me", but give us a break.
This posting is written more on as an observation, not as a criticism, commentary, or finger pointing. So during your "website-policing-for-namecheck-postings" process, if you come across this, please dont become too defensive to reply to me. Even if you do, I would not respond.
I did a name check on your pseudonym (of course on Google ;-)) and found this music clip kinda explaining 'organize it all' desperation. Enjoy the song at: http://blogoscoped.com/archive/2007-07-20-n73.html

Last edited by gg_ny; 08-06-2007 at 08:44 AM.
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  #19 (permalink)  
Old 08-06-2007, 09:49 AM
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Quote:
Originally Posted by mallu
As a result the applicants will be denied EAD and H1B extensions, rather than
fixing the lengthy name check issues.
Why would you say EAD and H1B will be denied??
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  #20 (permalink)  
Old 08-06-2007, 03:43 PM
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Quote:
Originally Posted by HV000
Why would you say EAD and H1B will be denied??
if one is taunting , " Look FBI bosses , i am stuck in security check, still i am a working with my H1B/EAD . How dare you allow to people remain here - for many years - if you suspect something is fishy with their record "
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  #21 (permalink)  
Old 08-07-2007, 05:47 PM
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Quote:
Originally Posted by mallu View Post
if one is taunting , " Look FBI bosses , i am stuck in security check, still i am a working with my H1B/EAD . How dare you allow to people remain here - for many years - if you suspect something is fishy with their record "
That's not correct. FBI cannot deny somebody a visa JUST BECAUSE they cannot do their job in a TIMELY FASHION. Law states that "YOU ARE GUILTY ONLY WHEN ITS PROVEN"

Also, Please keep in mind there are over 12 MILLION ILLEGALS WITH NO RECORD!

I hope it helps.
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  #22 (permalink)  
Old 08-09-2007, 01:34 PM
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When does the clock start for the FBI name check delay? In other words, when people say my name check is pending for 20 months, what exactly is the starting point....is it the day you file your 485?
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  #23 (permalink)  
Old 08-09-2007, 02:55 PM
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Default My best guess

This is my view about how USCIS has messed up in name check delays.

Name check PROGRAM that they might be using takes into account phoenetic spelling of FIRST and LAST NAME. Now just imagine, if your name is broken into 100 different spelling combinations and when your entire BIRTH YEAR IS checked against the databse--it will be surprising if there are no HITS. And to resolve those hits, pre-1995 records needs to be serached manually. There is no responsibility or time commitment by FBI or USCIS for the delay.
This might be true for Asian names. The argument is-- the names in the databse are translations and therefore, they need to check accordingly.

I BET they are not doing this for AMERICAN names, I mean for passport approval, they do not apply phoenetic program. I remember that FBI testimony included the discussion that they have set up appropriate filters for passport applicants (american citizens) so that unnecessary hits are avoided. Now this is my view and a discussion point. I may be wrong too.

In effect, Indian and Chinese professionals are deprived of immigration benefits.

Equally controversial is per country limitations in EB categories. If you do not select based on country of origin, you should not be subjected to per country limits because you are working for an american company and you are going to be american. Any demographic adjustment need to be made in diversity visa lottery.

This retrogression in effect deprives Indian and Chinese professionals of their benefits.

Justice and fairness has it that these problems need to be addressed. Abundant common sense and deeply practical approach that USA has, I am sure above problems will find attention. This great nation has always supported JUST and FAIR rules.
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  #24 (permalink)  
Old 08-09-2007, 02:58 PM
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Quote:
Originally Posted by Mahatma View Post
This is my view about how USCIS has messed up in name check delays.

Name check PROGRAM that they might be using takes into account phoenetic spelling of FIRST and LAST NAME. Now just imagine, if your name is broken into 100 different spelling combinations and when your entire BIRTH YEAR IS checked against the databse--it will be surprising if there are no HITS. And to resolve those hits, pre-1995 records needs to be serached manually. There is no responsibility or time commitment by FBI or USCIS for the delay.
This might be true for Asian names. The argument is-- the names in the databse are translations and therefore, they need to check accordingly.

I BET they are not doing this for AMERICAN names, I mean for passport approval, they do not apply phoenetic program. I remember that FBI testimony included the discussion that they have set up appropriate filters for passport applicants (american citizens) so that unnecessary hits are avoided. Now this is my view and a discussion point. I may be wrong too.

In effect, Indian and Chinese professionals are deprived of immigration benefits.

Equally controversial is per country limitations in EB categories. If you do not select based on country of origin, you should not be subjected to per country limits because you are working for an american company and you are going to be american. Any demographic adjustment need to be made in diversity visa lottery.

This retrogression in effect deprives Indian and Chinese professionals of their benefits.

Justice and fairness has it that these problems need to be addressed. Abundant common sense and deeply practical approach that USA has, I am sure above problems will find attention. This great nation has always supported JUST and FAIR rules.
I think Indians have outnumbered chinese over the last 2-3 years...
Come October, the VB will be worse for India and Much better for China.
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  #25 (permalink)  
Old 08-09-2007, 03:28 PM
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My idea for presenting my views on NAME CHECK and PROGRAMMING problem is to REACH TO TRUTH as Mahatma Gandhi always preferred. I may be wrong also. Your views and comments would help improve this debate.

If my suspicion is true, then this (programming blunder) would be a CODE BREAKER. I got this idea bacuse of my background in genomics and bioinformatics. For example, if a gene sequence is not done well and there are some errors, gene database may erroneously show wrong HITS. This is the reason why gene sequencing is done throughly and accurately to avoid wrong interpretation. For example, simple error could mean nothing or a million dollar discovery.

If phoenetic program is appied to Davids and Johns, there would be countless hits. While they do not permit spelling error in your name during adjudication then why do they want to play with different spellings of your name??
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  #26 (permalink)  
Old 08-09-2007, 03:30 PM
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Quote:
Originally Posted by meekdesi View Post
Once again the petition protesting against namecheck delays misses the point. It is unreasonable to ask the FBI to "speed up" the process, they should be allowed to take as much time as they want.
I want to recycle all the negative adjectives you have used in your mail on your statements ;-). Please read about NNCP, FBI and related congressional hearings and statements; about the GC for a muslim known to have Hezbollah connections but missed by FBI background checks and the kind of reactions in evoked in 2002; subsequent modifications in the name check process. Also, try to understand (!) that name checks are done for ALL APPLICANTS including for Soccer Spicegirl and her hubby Bechkam when they would apply under extraordinarily talented category. FBI does not look for visa category the applicant comes under; it is not their job. CIS is mandated to have the "background" check (of which namecheck is just one of the processes) cleared for ALL gc applicants. Then how can this be independent of gc process? What if the uncleared person gets gc and then becomes persona non granta (unavailable) for deportation if the checks fail? how about the benefits (SSN etc) and immi benefits (sponsorship etc.)? what if that person becomes an elected offcier (state governor?) and then the name check fails?

Quote:
Originally Posted by meekdesi View Post
The request to speed up the name checks is truly ridiculous. Stupidity like this is what harms legal H1-B immigrants the most.
Do you understand the reasons for the delay? Read Pappu's postings carefully: the delay is not because of namechecks not cleared; delay is mainly because the FBI analysts DO NOT GET TO YOUR FILE for many years! They claim they could not keep up with demand for name checks from gc applicatns, naturalization applicants, sometimes other visa applicants, whitehouse visitors, political appointees to less prominent positions, would-be employees of coast guard and other sensitive defense establishments etc. etc. If that is the case what is wrong in asking FBI (I dont know who is doing it though) to speed up the process for legal immigratns? $100 X 500,000 = $50M; Even if one analyst costs ~100K per year (with benefits), then do the math!

Stupidity in any form is harmful to H1Bs. Asking for expediting namecheck (even with a fat fee) is not one of them. But putting the mouths first where the minds should have been really harms anyone!

Last edited by gg_ny; 08-09-2007 at 03:42 PM.
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  #27 (permalink)  
Old 08-09-2007, 05:07 PM
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Quote:
Originally Posted by meekdesi View Post
You missed my point entirely. The better thing for everybody is to decouple the namecheck from the green card so that the name check can go on for as long as the FBI desires while you get the green card which can be revoked if the name check fails. To get a large government agency to spin their wheels faster so that some foreigners benefit in a post 9/11 world is a lunatic and impractical way of thinking.
Will all due respects, I did not miss your point; I completely understand it. But the reality is that, GC is one step away from citizenship and all constitutional rights. Even with BG checks if wrong people enter, how worse it would be - even if it is just an "interim GC" - without full BG checks. No sane citizen of any country would buy that kind of argument for his or her country. Rather, if you say 'I would pay for you to do your job better', then
you would have audience.

According to FBI, it is not a pathological procrastinator or diabolically negative to immigration like CIS. Their job is not to count the immigrants, rather to make sure right people come in. They are overwhelmed by the demand and limited by staff numbers. Help them to increase their efficiency by adding more numbers to their staff. Similar arguments went thru the Congress like a cakewalk when USCIS recommended increase in visa/immigration fees: "more fees, more revenue, more employees, more productivity". With CIS, i have no hope for any intrinsic improvement anytime soon even with more millions. But one can still have hopes on FBI.

With few 100,000 new applicants in the past 2 months, it would be a joke to ask FBI to skip the BG check and give them all GC. It is going to be more sadder joke on us, when this flood of new applicants start pulling down the name check process to oblivion. There are going to be more people among the new applicants stuck with BG checks in the next 2-4 years than ever had been.
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  #28 (permalink)  
Old 08-09-2007, 05:11 PM
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Quote:
Originally Posted by meekdesi View Post
If a bad person who is going to fail a name check is already in the country, then name checks are not going to deter him from doing his thing. Just because a name check is pending without a GC means nothing to a potential bad guy.
If a foreigner tries to become a governor or tries to join a govt agency he goes through a lot more special screening than just name checks. It should be up to the FBI to fail or pass a name check and all benefits should be revoked if the FBI fails a name check. This is going to be rare and there is no need to fight the battle for somebody who fails a name check (which is where your argument is so extremely stupid). It happens in other spheres too, sometimes people lose their jobs after many years if the company finds that you falsified information like degree etc.
I am not going to stretch this discussion beyond this as it seems to me spiraling out of limits of reason. Of all the things you said to support your argument, the first part of your latest mail will kill any support you might get from any normal person. From your arguments I think may be you should change your name to "stupiddesi". YOu would even clear your namecheck easily; or may be not - too many of them ;-)

Last edited by gg_ny; 08-10-2007 at 11:37 AM.
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  #29 (permalink)  
Old 08-09-2007, 07:50 PM
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I called today to help a friend who has been stuck in namecheck status for almost a year and a half and spoke to an immigration officer who calmly explained to me that the name check isn't done only nationally but also "internationally" meaning, not only do they do a background check on you in the US, they also look you up in your country of origin. In all my time reading about this I have never heard her version before, so I had assumed the namecheck was only done at the national level. No wonder it's taking so long, with the FBI waiting for a response from those countries.
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  #30 (permalink)  
Old 08-10-2007, 10:45 AM
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Quote:
Originally Posted by meekdesi View Post
These are stupid quotes that will only make the situation worse. The real solution is to make the fingerprinting independent of the green card process. There is no point in trying to push for a faster name check in the post 9-11 world, it will be shot down legitimately. We need to make sensible suggestions not demands.

YOU COMPLETELY MISSED THE POINT!!!
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