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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 11-30-2007, 01:21 AM
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Default No. It is not bad. It is a good side effect.

Quote:
Originally Posted by sroyc View Post
People with '01/'02 PD's getting GCs before the rest is a bad thing because .....?
.
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  #17 (permalink)  
Old 11-30-2007, 01:31 AM
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Guys,

off late we have been getting a steady stream of good news, updates , changes mostly to our favor.

It is not because someone in govt thought of giving us a break (if they did then I say give him/her a promotion/ merit increase what ever)....
It IS because people just like YOU fought for it....

Support IVs efforts ... these guys are putting their heart and soul into it... these guys are trying to help you fight.... these guys are one of YOU.

We ALL share a common goal,
Piece by piece, amendment by amendment, exec order by exec order, slowly but surely they will try and do the best they can to make your lives easier, OUR lives easier.

Please help .... donate to sustain OUR efforts.
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  #18 (permalink)  
Old 11-30-2007, 09:24 AM
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Note: These details may be true. Last month we had heard such information but not in detail and thus had not posted it. We were hoping to get this news within 6-8 weeks (As per oour note on http://immigrationvoice.org/forum/sh...ad.php?t=14749). There are efforts to make name checks current and that is good news for everyone waiting for several years in the namecheck blackhole. It will also help recent applicants who might be getting into this problem.
IV wants to thank all its members who took up this issue with their lawmakers and also contacted Ombudsman's office to solve this issue.
- IV Team

Last edited by pappu; 11-30-2007 at 09:28 AM.
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  #19 (permalink)  
Old 11-30-2007, 11:09 AM
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Thanks for this update. Seems like good news is finally trickling in. Thanks to the IV team.

Those who are yet to participate, join in! We can make it happen together.
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  #20 (permalink)  
Old 11-30-2007, 12:44 PM
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Once the FBI Name Check delays issue is resolved, only thing that would be withholding your GCs will be insufficient Visa Numbers. IV is already working to recapture and increase those.

What are you waiting for? Contribute to IV, many already have - http://immigrationvoice.org/forum/sh...ad.php?t=15493 (This Holiday season .... Give a gift to IV)
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  #21 (permalink)  
Old 11-30-2007, 01:01 PM
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Quote:
Originally Posted by lazycis View Post
It does not matter who will get credit for this. It would not happen without people taking action - IV members or those who took the USCIS to court (BTW, 90% of those did it without attorneys). Nothing happens if you do not do anything!
Hi Lazycis,
We have been hearing this from different sources for while now. When do you think this will come true?Hopefully it happens before the judge dismiss my WOM
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  #22 (permalink)  
Old 11-30-2007, 02:15 PM
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Default This could be the end of retrogression

Mallu, I think the opposite would be the case.

Right now the PD is kept at an artificially low range, since neither the USCIS nor the DOS has a clue about how many GCs they are processing. So for the last several years, they were ultimately issuing only around 80,000 GCs even though the quota is 140,000 + 80,000 (from family quota). A wastage of around 140,000 visas per year.

If USCIS can approve a GC after waiting for 120 days (with our with out a response from the FBI), then the GC approval would become much more predictable. Then the PD cut off will be much more realistic, resulting in a much lower wastage of visa numbers.

The end result, the PD would move upward quickly.

Quote:
Originally Posted by mallu View Post
If this turns out true, that will be great !!!
One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.
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  #23 (permalink)  
Old 11-30-2007, 02:20 PM
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Default FBI namecheck was bottle neck #1

The other bottleneck is USCIS' inefficiency, not a lack of visa numbers.

If you go thru the statistics of last few years, the annual quota for EB is 140,000 + 80,000 from family other category.

IV might want to convince us otherwise, but looking at the numbers, I do not see a shortage of visa numbers.

Quote:
Originally Posted by walking_dude View Post
Once the FBI Name Check delays issue is resolved, only thing that would be withholding your GCs will be insufficient Visa Numbers. IV is already working to recapture and increase those.
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  #24 (permalink)  
Old 11-30-2007, 02:27 PM
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mallu has a spectacular aura about mallu has a spectacular aura about mallu has a spectacular aura about
Default My excitement level came down after seeing this ,

http://www.durrani.com/docs/FBI%20Process.pdf

It says some applications will still be delayed . I assume of one is stuck with namecheck where FBI is waiting for response from native country, he will be waiting for eternity. Nowhere it says applications will be approved while the namecheck is pending.
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  #25 (permalink)  
Old 11-30-2007, 02:30 PM
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Default exactly

Congress never thought that I-485 processing would take more than 1 year (I-485 pending for 180 days is called "long-delayed" in 8 USC 1154(j), see also 8 USC 1571). If the USCIS was able to process all I-485 in one year time frame, there would be no retrogression!
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  #26 (permalink)  
Old 11-30-2007, 02:43 PM
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http://www.shusterman.com/
It says good news can come as early as end of this year. Thanks to all for bringing this to lawmaker's attention.
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  #27 (permalink)  
Old 11-30-2007, 04:26 PM
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Where did you get this number 80,000 FB numbers given to EB immigrants? Please show me the source !

Also, you are forgetting about 7% country quota and the demand from ROW (which itself is retrogressed!).

So no matter what you may think, without IV it's going to be a long wait


Quote:
Originally Posted by h1techSlave View Post
The other bottleneck is USCIS' inefficiency, not a lack of visa numbers.

If you go thru the statistics of last few years, the annual quota for EB is 140,000 + 80,000 from family other category.IV might want to convince us otherwise, but looking at the numbers, I do not see a shortage of visa numbers.
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  #28 (permalink)  
Old 11-30-2007, 04:54 PM
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Default Some thing to chew on

http://www.dhs.gov/xlibrary/assets/C...eport_2007.pdf

Look at page 52. Page 53 explains, why USCIS is wasting visa numbers even though there is huge demand for the same.

The 7% country limit does not exist for the last quarter. But it does exist during the first 3 quarters. Since USCIS is moving the PD drastically only in the last quarter, they are unable to process all the applications in the last quarter resulting in wastage of EB visas.

Quote:
Originally Posted by walking_dude View Post
Where did you get this number 80,000 FB numbers given to EB immigrants? Please show me the source !

Also, you are forgetting about 7% country quota and the demand from ROW (which itself is retrogressed!).

So no matter what you may think, without IV it's going to be a long wait
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  #29 (permalink)  
Old 11-30-2007, 05:44 PM
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I asked you for the proof that 80,000 FBs are reserved for EB immigrants ( or somehow available !). You did not show me any !

There is no law that states USCIS should not consider country quotas during the last quarter. As per AC21 law USCIS should relax the quotas if the numbers are getting wasted (not already assigned to ROW). If USCIS works efficiently and assigns the visa numbers to EB3 ROW - which is retrogressed - before the end of third quarter, they don't need to relax country quotas in the fourth quarter.

In a way USCIS inefficiency is helping applicants from retrogressed countries get GCs faster (4th quarter relaxation) .


Quote:
Originally Posted by h1techSlave View Post
http://www.dhs.gov/xlibrary/assets/C...eport_2007.pdf

Look at page 52. Page 53 explains, why USCIS is wasting visa numbers even though there is huge demand for the same.

The 7% country limit does not exist for the last quarter. But it does exist during the first 3 quarters. Since USCIS is moving the PD drastically only in the last quarter, they are unable to process all the applications in the last quarter resulting in wastage of EB visas.
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  #30 (permalink)  
Old 11-30-2007, 06:10 PM
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IV Team,

Thanks for this much eagerly waited update. Now I can again start quoting Shakespeare's famous quot "What's in a name?" again
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