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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newuser
05-12 10:12 PM
I am in for it. I am ready to put 2K if members are going to come forward
PHANI_TAVVALA
12-02 02:39 PM
And also, my wife is on H1B with 4 & 1/2 years remaining on hers with 1st extension. Is my converting to H4 going to help upon my h1b expiration in Sept 2009? can I convert to F-1 and possibly work on CPT if any university would allow me to do so? Thanks for your response.
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immi_seeker
07-14 12:31 PM
I called uscis and they have asked me to refile I-765. They said they will issue new EAD with extended dates. Not sure how long will it take. And i dont believe issuing 3 month EAD was intentional. They probbaly wont have any idea when the 485 would be adjudicated when they approve EAD.
more...
pappu
04-25 11:23 AM
Could you please update your profile so that it helps people tracking cases on IV tracker.
Thanks
Thanks
mammoy2k
11-13 05:49 PM
you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.
Due to work, I would be in the US at least once every quarter. So I dont think that finger printing or AP renewal is a problem, as long as I can get an address where these notices come.
Thanks for your response.
Due to work, I would be in the US at least once every quarter. So I dont think that finger printing or AP renewal is a problem, as long as I can get an address where these notices come.
Thanks for your response.
more...
jonty_11
04-21 01:08 PM
I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.
Good luck to everyone.
thats calle dwinning the POWERBALL. I am assuming EB3....
So no RFEs after applying 485..?
Point is if you were actually out of a job this very moment....USCIS wudnt know and still issue ur GC...?
Good luck to everyone.
thats calle dwinning the POWERBALL. I am assuming EB3....
So no RFEs after applying 485..?
Point is if you were actually out of a job this very moment....USCIS wudnt know and still issue ur GC...?
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sledge_hammer
04-22 08:44 PM
Admins - Please ban 'Brittanicus'
more...
kami97
06-10 01:40 PM
Help!
Took TST last week, positive (16mm), X-ray negative, civil surgeon marked "Class B, Latent TB Infection" on I-693, and gave me a notes saying that since May 2008, TST>10 will be marked with LTBI, and advised me to go to Health Department.
Same as many of you guys, had taken vaccines when young. Have been in US for 11 years. Pretty sure I don't have TB. What should I do? Does LTBI affect 485 approval? How about AP/EAD? Will USCIS ask for evidence of TB treatment?
Thank you very much!
Took TST last week, positive (16mm), X-ray negative, civil surgeon marked "Class B, Latent TB Infection" on I-693, and gave me a notes saying that since May 2008, TST>10 will be marked with LTBI, and advised me to go to Health Department.
Same as many of you guys, had taken vaccines when young. Have been in US for 11 years. Pretty sure I don't have TB. What should I do? Does LTBI affect 485 approval? How about AP/EAD? Will USCIS ask for evidence of TB treatment?
Thank you very much!
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krishmunn
01-18 10:06 AM
If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
Talk to them if you have not started work, you might just have to pay the H1B fees
15K for filing H1 ?????
Talk to them if you have not started work, you might just have to pay the H1B fees
15K for filing H1 ?????
more...
mchundi
02-14 07:42 PM
It is almost 3-4 months for me tracking the progress of S-1932 and the comprehensive immigration reform process. I know some of u here have been lobbying for this even longer.
To begin with a few of the immigration bills were to be taken up last september, then Bill Frist said "he will schedule immigration bills in 2006 only". Well i thought we have to wait till jan '06. Then from the blue came the S-1932, it had everything in it that i was waiting for. It was definitely an overkill, No wonder it did not go thru. If it had just the recapture of the unused numbers it would have probably gone thru.
Now the comprehensive immigration bill is not likely to be taken up until end march. If something else more important comes in, then it might be postponed to the next year.
We r caught in the politics of one-upmanship. The administration wants immigration reform. May be it wants to take credit for it. Some dont want it. The Senate majority leader is not interested in it. May be it is him we should lobby.
May be we should change of tactic now. PACE has a good chance of going thru this year. May be we should lobby to tag the unused numbers into the PACE. That will atleast keep the PD current for a couple of years, before which the CIR can be taken up.
Just a thought.
--MC
To begin with a few of the immigration bills were to be taken up last september, then Bill Frist said "he will schedule immigration bills in 2006 only". Well i thought we have to wait till jan '06. Then from the blue came the S-1932, it had everything in it that i was waiting for. It was definitely an overkill, No wonder it did not go thru. If it had just the recapture of the unused numbers it would have probably gone thru.
Now the comprehensive immigration bill is not likely to be taken up until end march. If something else more important comes in, then it might be postponed to the next year.
We r caught in the politics of one-upmanship. The administration wants immigration reform. May be it wants to take credit for it. Some dont want it. The Senate majority leader is not interested in it. May be it is him we should lobby.
May be we should change of tactic now. PACE has a good chance of going thru this year. May be we should lobby to tag the unused numbers into the PACE. That will atleast keep the PD current for a couple of years, before which the CIR can be taken up.
Just a thought.
--MC
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Bobby Digital
October 22nd, 2005, 11:49 PM
I think the first shot needs more light. The second and third are great!! Nicely done!!
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thomachan72
04-15 03:52 PM
My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(
For your H1b labor aproval the company has provided both the salary they are offering you as well as the prevailing wages for that particular job catagory. I dont think it is legal for the company to pay you below what was guranteed while hiring you, particulary as it goes against the basic requirement for H1b, which is to pay equal to or above the prevailing wages. Now due to economic depression, if the prevailing wages have decreased and the labor department has taken that into account maybe things might be different. See, the basic question is whether I can obtain a H1b worker promising 100K and later pay him 65k, citing general conditions like recession?
For your H1b labor aproval the company has provided both the salary they are offering you as well as the prevailing wages for that particular job catagory. I dont think it is legal for the company to pay you below what was guranteed while hiring you, particulary as it goes against the basic requirement for H1b, which is to pay equal to or above the prevailing wages. Now due to economic depression, if the prevailing wages have decreased and the labor department has taken that into account maybe things might be different. See, the basic question is whether I can obtain a H1b worker promising 100K and later pay him 65k, citing general conditions like recession?
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abhijitp
01-25 02:37 PM
should be an easy task for folks who live in the east bay to show up at the Fremont station and pass handouts.
If you cannot do this much, then it is .....
BTW janislal I will be wearing the IV T shirt that carries the slogan of the linux community:)
People who cannot volunteer, at least drop off your own signed letters... or just come & sign them, we will give you a pen and a letter ready to be signed!
If you cannot do this much, then it is .....
BTW janislal I will be wearing the IV T shirt that carries the slogan of the linux community:)
People who cannot volunteer, at least drop off your own signed letters... or just come & sign them, we will give you a pen and a letter ready to be signed!
more...
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theOne
09-09 03:13 PM
What is the difference between 1099 and W2 ?
Thanks,
theOne
Thanks,
theOne
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crystal
02-04 10:52 AM
There is no need to change to H4. asaik , that is an extra un-necessary step.
AP should be enough.
Does it make sense to change status to h4 from f1 before my spouse goes out of country and come back on h4 instead of AP?
AP should be enough.
Does it make sense to change status to h4 from f1 before my spouse goes out of country and come back on h4 instead of AP?
more...
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stemcell
09-27 12:18 PM
Thanks for the honest and to-the-point answer Yagw. Yes, I am aware of the risks involved and therefore never EVER exceed the threshold I set for myself. I am not new to stock market having been in it for the past four years -- not that that makes me ANY safer than a newbie though.
Appreciate your advise of caution, will definitely keep that in mind.
Thanks!
Any tips as to how you pick a stock would be welcome.
Mostly for day trading do you do any technical analysis or is it mostly intuition?
BTW you can day trade, it should not matter your H1B status as some one else duly pointed out.
Appreciate your advise of caution, will definitely keep that in mind.
Thanks!
Any tips as to how you pick a stock would be welcome.
Mostly for day trading do you do any technical analysis or is it mostly intuition?
BTW you can day trade, it should not matter your H1B status as some one else duly pointed out.
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pappu
12-01 04:44 PM
Thanks for your input guys. can the job description be changed now for an labor petition that has been filed before? My lawyer made me fill a questionnare and lot of other things about what I do. She picked up main lines from my resume and filled it up on my job description.
I dont think you can change now.
However this is something we all need to watch out when labor is filed/during the GC process. Review all the papers before they are submitted. Sometimes lawyers dont show it but you must try to insist on seeing them especially if you are paying for your GC process.
I dont think you can change now.
However this is something we all need to watch out when labor is filed/during the GC process. Review all the papers before they are submitted. Sometimes lawyers dont show it but you must try to insist on seeing them especially if you are paying for your GC process.
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bskrishna
08-03 12:16 PM
what to you mean by 485 fingerprinting?
Is it just getting it done or any other issue relating to this...
Is it just getting it done or any other issue relating to this...
HeeKwan
02-01 08:44 PM
Congrats
mhathi
03-19 12:57 PM
PD is checked both at the time of filing and approval of 485. Once filed, the 485s are processed based on RD. If at the time of adjudication the PD is not current, the file is kept in the "pre-adjudicated" pile until the PD becomes current again for that particular application.
This is my understanding.
This is my understanding.
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