eb2dec2005
09-13 01:49 PM
I incorporated the points you made and the revisions are in fuchsia:
The Ombudsman
USCIS
September 10. 2008
Sir/Madam,
On behalf of the employment-based legal immigrant community in the United States of America, I am writing to highlight the ongoing egregious inefficiencies in the immigration �services� provided by the USCIS and the DOS. There have been numerous occasions when there have been erratic movements in the DOS published visa bulletin dates. This, as we understand it, is owing to USCIS under- or over-estimating the number of applicants available for adjustment of status. And in the rare instances when the date finally moves forward by a substantial window, USCIS tends to approve the more recent applications as opposed to the ones that were filed earlier. Let me explain with an example: in the July 2008 visa bulletin, the cut-off date for the India EB2 category was 01 April 2004. A month later, the cut-off date for Indian EB2 applicants abruptly moved forward two years and was set at 01 June 2006. Instead of approving applicants who applied in 2004 and 2005, USCIS approved applicants from 2006. Where is the justice in that??? Why bother publishing the cut-off date if approvals are to be randomly allocated???
We understand we have to stand in line and wait our turn. Each applicant is assigned a priority date which chronologically determines his/her turn for approval. To further complicate matters, once the I-485 is filed, a crop of other dates are issued by the USCIS � a receipt date, a notice date and a processing date. USCIS then takes the liberty to throw random rules at us � �Case adjudication is based on receipt date� �No, we process applications based on notice date�, �Actually, it�s the processing date that determines which applications are adjusted.� !!!
Please take a moment to consider how these conflicting statements and arbitrary decisions wreak havoc on our morale and psyches? No one, NOT even the USCIS, has a clue as to what exactly is happening in their processing centers. The USCIS has never been able to clearly state the exact number of applications languishing, excuse us, we meant pending, in their �service� centers! We, employment-based immigrants, are tax-paying, law-abiding, educated individuals contributing to America�s knowledge economy - yet we have been subjected to the worst aspects of the US employment-based immigration system. These include:
1) Extended wait times at each step of the immigration process.
2) Lack of transparency on the part of USCIS (re: priority date, receipt date, notice date).
3) Lack of USCIS customer service � once applications are submitted to USCIS they disappear into a black hole. Barring a website where one can nominally check one�s case status (but which in reality remains static for months, even years!) there is no concept of updating an applicant on where his case stands. And this is despite the applicant paying immigration fees that often run into thousands of dollars over the years. We are simply expected to wait in a complete void of information, for however long it may take, until approval.
4) Lost opportunities owing to the lack of job portability during the process (a time period spanning an average of five years, whereas an applicant from any country besides India gets his/her PR card in under two years).
Another inconsistency, surfacing in August 2008, begs redressal � while I-485 applicants (albeit those from 2006 instead instead of earlier years) at the TSC were being approved in a steady stream, the NSC was almost completely inactive resulting in only a very few cases being approved prior to August 20th. After this date, the NSC appeared to completely hold off on all I-485 approvals while approvals continued at the TSC. Could somebody please account for this preferential treatment for I-485 applicants at the TSC versus those at the NSC? Furthermore, when complaint faxes were sent in to the NSC in protest, instead of issuing a formal statement to explain their approach, the NSC retaliated by issuing a bunch of RFEs. Is the USCIS trying to intimidate us so that we remain quiescent??
While we are grateful for the opportunity to partake in the American dream, it is ironic that we arrive in America and find that our freedom is shackled � we are bound to our sponsoring employer from the start to the end of an extremely lengthy process. Although legal immigration reform is our ongoing aim, for now, we sincerely request you to investigate the process whereby the monthly visa bulletin is set and to ensure FIFO (first in, first out) adjustment so that those of us who have been waiting longer receive attention prior to those who have applied later. We want USCIS to be accountable to us, its paying customers.
We request you to lend us your ear and address these issues so that we are not subjected to them in the future. Kindly note that there remain roughly 15 days until the October 2008 visa bulletin goes into affect. Once October arrives, the dates for Indian EB2 candidates retrogress to 2003. We believe you have the power to help a few more of us who have been waiting, seemingly endlessly, to get out of this immigration limbo.
Thanking you,
I really appreciate your initiative in drafting this letter.Please let us know, how each one of us could contribute . Whom should the faxes/emails/pamplets be sent.
The Ombudsman
USCIS
September 10. 2008
Sir/Madam,
On behalf of the employment-based legal immigrant community in the United States of America, I am writing to highlight the ongoing egregious inefficiencies in the immigration �services� provided by the USCIS and the DOS. There have been numerous occasions when there have been erratic movements in the DOS published visa bulletin dates. This, as we understand it, is owing to USCIS under- or over-estimating the number of applicants available for adjustment of status. And in the rare instances when the date finally moves forward by a substantial window, USCIS tends to approve the more recent applications as opposed to the ones that were filed earlier. Let me explain with an example: in the July 2008 visa bulletin, the cut-off date for the India EB2 category was 01 April 2004. A month later, the cut-off date for Indian EB2 applicants abruptly moved forward two years and was set at 01 June 2006. Instead of approving applicants who applied in 2004 and 2005, USCIS approved applicants from 2006. Where is the justice in that??? Why bother publishing the cut-off date if approvals are to be randomly allocated???
We understand we have to stand in line and wait our turn. Each applicant is assigned a priority date which chronologically determines his/her turn for approval. To further complicate matters, once the I-485 is filed, a crop of other dates are issued by the USCIS � a receipt date, a notice date and a processing date. USCIS then takes the liberty to throw random rules at us � �Case adjudication is based on receipt date� �No, we process applications based on notice date�, �Actually, it�s the processing date that determines which applications are adjusted.� !!!
Please take a moment to consider how these conflicting statements and arbitrary decisions wreak havoc on our morale and psyches? No one, NOT even the USCIS, has a clue as to what exactly is happening in their processing centers. The USCIS has never been able to clearly state the exact number of applications languishing, excuse us, we meant pending, in their �service� centers! We, employment-based immigrants, are tax-paying, law-abiding, educated individuals contributing to America�s knowledge economy - yet we have been subjected to the worst aspects of the US employment-based immigration system. These include:
1) Extended wait times at each step of the immigration process.
2) Lack of transparency on the part of USCIS (re: priority date, receipt date, notice date).
3) Lack of USCIS customer service � once applications are submitted to USCIS they disappear into a black hole. Barring a website where one can nominally check one�s case status (but which in reality remains static for months, even years!) there is no concept of updating an applicant on where his case stands. And this is despite the applicant paying immigration fees that often run into thousands of dollars over the years. We are simply expected to wait in a complete void of information, for however long it may take, until approval.
4) Lost opportunities owing to the lack of job portability during the process (a time period spanning an average of five years, whereas an applicant from any country besides India gets his/her PR card in under two years).
Another inconsistency, surfacing in August 2008, begs redressal � while I-485 applicants (albeit those from 2006 instead instead of earlier years) at the TSC were being approved in a steady stream, the NSC was almost completely inactive resulting in only a very few cases being approved prior to August 20th. After this date, the NSC appeared to completely hold off on all I-485 approvals while approvals continued at the TSC. Could somebody please account for this preferential treatment for I-485 applicants at the TSC versus those at the NSC? Furthermore, when complaint faxes were sent in to the NSC in protest, instead of issuing a formal statement to explain their approach, the NSC retaliated by issuing a bunch of RFEs. Is the USCIS trying to intimidate us so that we remain quiescent??
While we are grateful for the opportunity to partake in the American dream, it is ironic that we arrive in America and find that our freedom is shackled � we are bound to our sponsoring employer from the start to the end of an extremely lengthy process. Although legal immigration reform is our ongoing aim, for now, we sincerely request you to investigate the process whereby the monthly visa bulletin is set and to ensure FIFO (first in, first out) adjustment so that those of us who have been waiting longer receive attention prior to those who have applied later. We want USCIS to be accountable to us, its paying customers.
We request you to lend us your ear and address these issues so that we are not subjected to them in the future. Kindly note that there remain roughly 15 days until the October 2008 visa bulletin goes into affect. Once October arrives, the dates for Indian EB2 candidates retrogress to 2003. We believe you have the power to help a few more of us who have been waiting, seemingly endlessly, to get out of this immigration limbo.
Thanking you,
I really appreciate your initiative in drafting this letter.Please let us know, how each one of us could contribute . Whom should the faxes/emails/pamplets be sent.
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viva
02-03 10:44 PM
According to a specialist on immigration forums "Mr UnitedNations" the unused visas are directly being used for EB3 ROW , I am not how he knows that but maybe thats what is happening.
Maybe EB3 ROW being a diverse group is being given more precendence than highly subscribed countries.
Your posts are getting very irritating with this blind belief in this "Unitednations" fellow. Why do you believe in him so much? What has he done?
Maybe EB3 ROW being a diverse group is being given more precendence than highly subscribed countries.
Your posts are getting very irritating with this blind belief in this "Unitednations" fellow. Why do you believe in him so much? What has he done?
mambarg
07-17 06:58 PM
Thanks a lot.
You guys are great. I am very happy today.
You guys are great. I am very happy today.
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wandmaker
08-26 09:17 AM
I just talked to a NSC representative and he told me that my case is sent to extended review. Now what is this extended review?
Well, what annoys and confused me is that when I took Info pass day before yesterday she told me that my case is with IO. And now NSC rep is giving me another version called extended review.
Don't know whom to believe.
Does anyone here had same exp.
My ex-collegue's application went to extended review - Per his inforpass and csr calls experience, he beleives that the application was pre-adjudicated and the namecheck/security clearance completed. A month later, he received an RFE on his 140, 140 RFE replied, 140 denied w/ reason of "token employer" and hence 485 denied. So, extended review based on what I heard - they may be going to each and every page in your file or may be not.
Well, what annoys and confused me is that when I took Info pass day before yesterday she told me that my case is with IO. And now NSC rep is giving me another version called extended review.
Don't know whom to believe.
Does anyone here had same exp.
My ex-collegue's application went to extended review - Per his inforpass and csr calls experience, he beleives that the application was pre-adjudicated and the namecheck/security clearance completed. A month later, he received an RFE on his 140, 140 RFE replied, 140 denied w/ reason of "token employer" and hence 485 denied. So, extended review based on what I heard - they may be going to each and every page in your file or may be not.
more...
new2gc
03-10 10:08 AM
Date of sign up: Mar. 10, 2009
Subscription Name: Donation to Support Immigration Voice (User: new2gc)
Subscription Number: S-49S51889FX977841H
Subscription Name: Donation to Support Immigration Voice (User: new2gc)
Subscription Number: S-49S51889FX977841H
reddy2cool
08-25 03:46 PM
Man..yours is one of the great rides.I bet you will get your gc as soon as it becomes current again and atleast now you know you are all set except for date so have fun.
more...
gcdeal
07-06 04:42 PM
http://www.ftdfloristonline.com/floraloriginals/
Free delivery + 10$ promotion code.
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mkumar
07-17 07:06 PM
Many thanks to everyone involved in this effort! Though I learned about IV recently, I see a great american movement with a Gandhian twist! I pledge any support within my limits to IV!
more...
nanilb
07-17 08:24 PM
Great Job. Thanks a lot !!!!!!!!
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abhijitp
12-04 02:19 PM
Monetary contributiions is the least that YOU can do to help IV reduce YOUR wait for the green card!
Contribute and augment the efforts of the only organization that consists of people like YOU who work tirelessly to bring relief to YOU.
Contribute and augment the efforts of the only organization that consists of people like YOU who work tirelessly to bring relief to YOU.
more...
amitjoey
06-18 11:59 AM
donated $50; learned about the organization on June 8, participated in the event - not knowing any of the issues. Was an eye opener to the legislative process. I did not do much, just accompanied the IV members to the meetings - these members were well prepared to present the case as well as to answer questions. I am impressed, and here I am registered and donated.
Thank you IV for being pro-active. Feels good to be part of the action.
Thanks Motivated for your contributions.
Please post on the funding drive.
Thank you IV for being pro-active. Feels good to be part of the action.
Thanks Motivated for your contributions.
Please post on the funding drive.
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potatoeater
05-10 02:08 PM
I am reviving this old thread because it was created by me, and it is highly relevant now. I predicted last month that EB2-I will become "U" soon, and it has happened (almost).
The quick way out of this mess is to ask CIS to move subst labor folks back in the queue. That will ensure that both EB3-I and EB2-I will move forward to July 07. Most of the labor substitution took place in that month itself.
This is an admin fix and does not require any new legislature. This is an idea whose time has come.
The intent of a subst labor was to save the company time and money for obtaining another labor for the same position in case the original beneficiary drops out. Remember, labor was a company petition, not employee petition. The companies still would have wanted it even if it does not retain its original PD.
The basic thrust behind the idea of changing the rules of PD allocation for subst cases is to push forward PD to july 07 level. Most of the subst happened in that month. we are not asking subst labor folks to quit the queue, just asking them to move behind.
The quick way out of this mess is to ask CIS to move subst labor folks back in the queue. That will ensure that both EB3-I and EB2-I will move forward to July 07. Most of the labor substitution took place in that month itself.
This is an admin fix and does not require any new legislature. This is an idea whose time has come.
The intent of a subst labor was to save the company time and money for obtaining another labor for the same position in case the original beneficiary drops out. Remember, labor was a company petition, not employee petition. The companies still would have wanted it even if it does not retain its original PD.
The basic thrust behind the idea of changing the rules of PD allocation for subst cases is to push forward PD to july 07 level. Most of the subst happened in that month. we are not asking subst labor folks to quit the queue, just asking them to move behind.
more...
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abhijitp
11-28 03:28 PM
The question in the title of this post is for the user who gave me a red dot for "selling the July VB reversal"
I am going to re-iterate, for I firmly believe I owe my ability to file AOS to this organization!
If you too saved thousands of dollars owing to the VB reversal... this is the least you can and should do to help yourself to a GC, a few years sooner than otherwise.
Contribute funds now to IV!
Sign up for monthly contributions (preferred), or contribute one time!
I am going to re-iterate, for I firmly believe I owe my ability to file AOS to this organization!
If you too saved thousands of dollars owing to the VB reversal... this is the least you can and should do to help yourself to a GC, a few years sooner than otherwise.
Contribute funds now to IV!
Sign up for monthly contributions (preferred), or contribute one time!
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what_if
08-11 06:40 AM
Thanks Deecha,
My wife's case may or may not be fine. She came on H4 and got her H1 in 2004 but got a project only in the middle of 2005 and the company started paying her only once she was on project. But thats fine. If her 485 gets rejected (although the company not paying her is not really her fault), we'll just pack our bags :) Also, her I-140 is still pending.
I appreciate your taking time for my question.
Since you're a beneficiary of you're wife's AOS, you're in "pending status of authorized stay". Therefore you *are* authorized to stay here as of that day until a decision on the 485 is made (the unlawful stay clock stops ticking). If you get rejected on your H1 extension, you can still stay in the country and possibly work on the EAD (a derivative benefit of the 485). If you think your wife's 485 is airtight, and there's a problem later you can use the 245(k) provision since you were in unlawful stay for less than 180 days.
My wife's case may or may not be fine. She came on H4 and got her H1 in 2004 but got a project only in the middle of 2005 and the company started paying her only once she was on project. But thats fine. If her 485 gets rejected (although the company not paying her is not really her fault), we'll just pack our bags :) Also, her I-140 is still pending.
I appreciate your taking time for my question.
Since you're a beneficiary of you're wife's AOS, you're in "pending status of authorized stay". Therefore you *are* authorized to stay here as of that day until a decision on the 485 is made (the unlawful stay clock stops ticking). If you get rejected on your H1 extension, you can still stay in the country and possibly work on the EAD (a derivative benefit of the 485). If you think your wife's 485 is airtight, and there's a problem later you can use the 245(k) provision since you were in unlawful stay for less than 180 days.
more...
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ragz4u
04-21 01:07 PM
As I had mentioned earlier, do not be under the misconception that just because you are working in a stable cash-rich comany and happy with your job, it can't get bad. Your company can move, downsize, close a branch or just fire you....given the current scenario, it will take atleast 5/6 years (if you are lucky and maybe more if you are unfortunate) to get a GC and all these years can go waste by any of the above happening
Here's a story sent to us....thanks for sending it in
My GC process was started in 2001, my labor was approved in 2003 but since my company was closing the branch office where I worked, I had to move to the main office which was in a different state. Due to this my approved labor went down the drain. I moved to the state of the head office, meanwhile my company off-shored a major portion of the development office where I was working early 2005. After much persuasion from me the filed again but I had to either move offshore or take up a 90% travel job with the same company. Now, I travel and am away from my family during the weekdays. I have lived in USA for 6 years - legally paying my taxes, following all the laws and contributing to the society to the best of my abilities. I am currently on H1-B visa extension.
My wife is working for a company on H1-B. Her employer promised in mid-2005 that she would start the GC process for her so that we could have a backup. Till now her GC has not been started. My wife is in a dilemma of whether she should quit her job and join somewhere else. But if she does move to a new company, even they will not start her GC process immediately. Even if they do what is the point because of retrogression?
With the retrogression my GC could take years....sometimes I wonder if the stress, living in constant fear not knowing what is going to happen tomorrow, staying far away from loved ones, all these sacrifices is really worth it when legal workers like me who have contributed to the economy of America seem to have no value in this country.
Here's a story sent to us....thanks for sending it in
My GC process was started in 2001, my labor was approved in 2003 but since my company was closing the branch office where I worked, I had to move to the main office which was in a different state. Due to this my approved labor went down the drain. I moved to the state of the head office, meanwhile my company off-shored a major portion of the development office where I was working early 2005. After much persuasion from me the filed again but I had to either move offshore or take up a 90% travel job with the same company. Now, I travel and am away from my family during the weekdays. I have lived in USA for 6 years - legally paying my taxes, following all the laws and contributing to the society to the best of my abilities. I am currently on H1-B visa extension.
My wife is working for a company on H1-B. Her employer promised in mid-2005 that she would start the GC process for her so that we could have a backup. Till now her GC has not been started. My wife is in a dilemma of whether she should quit her job and join somewhere else. But if she does move to a new company, even they will not start her GC process immediately. Even if they do what is the point because of retrogression?
With the retrogression my GC could take years....sometimes I wonder if the stress, living in constant fear not knowing what is going to happen tomorrow, staying far away from loved ones, all these sacrifices is really worth it when legal workers like me who have contributed to the economy of America seem to have no value in this country.
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HopefulNomad
12-19 01:56 PM
Just sent in my 20.
Thank you so much to the person who started this thread and all the contributions. I hope this will keep going and going and going. I was definitely motivated and inspired by everyone's contributions!:)
Thank you so much to the person who started this thread and all the contributions. I hope this will keep going and going and going. I was definitely motivated and inspired by everyone's contributions!:)
more...
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pritesh80
05-16 11:04 AM
Received receipt notice on 30/04/2007 which mentioned RFE mailed on 30/04/2007, however till date the lawyers have received nothing, does it take that long for the RFE to reach the lawyers??? its already been 13 days...Please respond...
I am having a similar issue. They have mentioned that RFE mailed on 05/04/2007 (4th May). I still havent recieved any letter from them. Anyone else in my shoes?
I am having a similar issue. They have mentioned that RFE mailed on 05/04/2007 (4th May). I still havent recieved any letter from them. Anyone else in my shoes?
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needhelp!
12-04 09:29 AM
santb & wandmaker, your 401K matching plan is much appreciated.
Members.. where art thou??
Few dollars to IV will give you that 'feel-good' feeling about having done something for yourself and for the future of your family.
Wanna give less than 100? - Send via paypal to donations at immigration voice dot org
Members.. where art thou??
Few dollars to IV will give you that 'feel-good' feeling about having done something for yourself and for the future of your family.
Wanna give less than 100? - Send via paypal to donations at immigration voice dot org
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njgcmar03
12-19 10:11 AM
Just sent $100 via PayPal.
chanduy9
07-05 11:22 AM
Hi,
Please reply to the post with order#..so that the thread will be alive and on top so that no one miss.
I am planning to send the e-mails to the media regarding the FLOWER DAY...JULY 10TH.
Please share your ideas.
Thanks,
Chandra.
Please reply to the post with order#..so that the thread will be alive and on top so that no one miss.
I am planning to send the e-mails to the media regarding the FLOWER DAY...JULY 10TH.
Please share your ideas.
Thanks,
Chandra.
santb1975
11-24 01:29 AM
^^^
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