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  • reedandbamboo
    09-13 01:29 AM
    I incorporated the points you made and the revisions are in fuchsia. Also make sure to change the designation as you make your way down the list of recipients (listed on page 6 of this thread):



    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,





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  • chanduv23
    02-04 09:37 AM
    Purpose and goal of the organization is to further your interests...
    Whatever question you ask, we shall make an attempt to answer.....Even if it has been answered ....before we would again answer....

    Do you find your questions answered ???...Do you think that this activity is useful...??

    Please contribute to IV to further your interests....

    As it is a forum and everyone have common in interests, while questions are answered, it is also important that we have collective opinions and conclusions, ie everyone helps each other with experience and no one does things for commercial purposes.

    I have seen people not liking what I write, though I am not an expert, if you notice my posts, I always insist on being careful and not believeing employers or lawyers and not make your own conclusions about GC or USCIS or DOL or employers or Lawyers.

    While most people want green cards, they do not realise that things are not the same as before, and maybe green card may or may not even be an option (that includes me too), which does not mean that we must not try or do what we can. Thats why I support IV, I have contributed $200 so far and will be contributing.

    If someone can contribute with ideas, guidances, experience, that is also a contribution. I have seen lot of posts saying, we must dress up as Gandhi in Washington DC and have a strike, a day without h1b etc and ask for Green Cards. Such things may be possible if we have a majority like the illegals. If H1bs grow in millions, then it is a option. Such a situation may not arise. H1b system can be corrected at grassroots and IV is one such organization capable of achieving this without protests and strikes.





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  • non-immigrant
    07-17 08:48 PM
    Just moved from another forum. This forum is very active, time sensitive and result oriented.





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  • santb1975
    11-29 11:33 AM
    ^^^



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  • Sherman_tribiani
    09-07 11:39 PM
    In that case make it 10,000 + 11,724 , as we all will be directly or indirectly watching you.
    Make that 10,001 ( the 1 is you). You will be present to watch the numbers. Right?





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  • theperm
    07-17 07:21 PM
    Hey IV guys ,

    It`s great news for all the people who can file & who have already filed on july2nd.
    Thanks IV for being so persistant. You guys have my support.

    Not to undermine the current development , it is good news for tons of people including me, but the true victory will be when retrogression ends & all the backlog centers are cleared. All skilled workers (& sometimes their stay at home spouses)don`t have to wait for yearsssssss to get a GC.
    & no before I get brickbats thrown at me I am not being pessimistic or a spoilt sport, I just feel that this gc mess should stop & skilled ppl shouldn`t be harressed by having to put their lives on hold for such long periods.



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  • kcsurfer
    04-08 06:38 PM
    USCIS Reaches FY 2009 H-1B Cap

    U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the �advanced degree� exemption.





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  • amitjoey
    07-05 02:36 PM
    Thanks to all those who sent flowers! Won't it be nice if they got 100's of flowers and that it becomes a famous news in the media!!

    If the mainstream media catches this, it'll be great! It has the potential to go viral!

    Can we set a target of sending flowers from 500 people! and then do a media drive on it!!

    What do people say?

    you are going to have to do a simaltenous media drive, writing that flowers are scheduled to be sent on the 10th of July. Please cover. So they would be ready to publish, when the time comes.



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  • anjans
    08-25 02:46 PM
    EB2 for india and China is U as of Aug 21st..maybe that's why..see my post in a seperate thread





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  • kumarc123
    07-10 01:43 PM
    I tend to agree.... nowhere in the past discussions IV seem to have cared about EB3s. It is more frustrating to see this situation sincce Eb3's have been suffering for longer with no hopes what so ever.
    And anyone trying to implicate that EB3s are less skilled are plain wrong - we got in EB3 limbo due to large corporations doing things by book (or for plain long term commitment out of workers).

    Either way, IV leadership needs to re-iterate and re-emphasize at least once that this is not EB2 fight only but EB fight in general. IV discussions simply have gone EB2 biased only for too long.

    To answer your query,
    Let me start by repeating myself, it is not about EB2 or EB3. We all are EB communities. We didn't design the system, neither we believe ourselves to be superior to EB3. The point is all of us need to work together and help ourselves to change the system. IF EB2 gets some advantage then ultimately it will help EB3 as well.

    It is a simple logic, when the cake gets cut it rolls down to all the people in line. If there is no cake, whats the point of arguing who is ahead in line?

    Please everyone, stop complaining about who is ahead, work together. Instead of complaining do some more constructive, involve more people. lets gather necessary means to file this lawsuit.



    Thanks



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  • ezee
    08-12 03:52 PM
    I believe if the case has been pre-adjudicated then it shouldn't matter whats the RD and ND. They will probably approve based on Priority date. Earlier PDs get approved first. But who knows, its USCIS.





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  • DSLStart
    02-26 03:58 PM
    Excellent idea! Core team should make an action plan on this soon.



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  • paskal
    09-08 11:06 AM
    he is just expressing concern that more action is not taken. i wrote param a pm to explain, also this thread will not continue indefinitely. we do however need to be clear in our stand and in our actions. we should be able to enunciate what we believe without resorting to the kind of vitriol that is thrown at us. personally i am waiting to see that- it's important even to grow as a community and achieve success that we develop this ability. our strength lies in the facts not in any hate or rhetoric.

    be rest assured that ip's of those that post such stuff are tracked for action.





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  • chanduy9
    07-05 01:09 PM
    Thanks to all those who sent flowers! Won't it be nice if they got 100's of flowers and that it becomes a famous news in the media!!

    If the mainstream media catches this, it'll be great! It has the potential to go viral!

    Can we set a target of sending flowers from 500 people! and then do a media drive on it!!

    What do people say?


    We need your help to get 500 people. Please send the flowers and spread this to your friends.

    Thanks,
    Chandra.



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  • saileshdude
    12-08 01:24 PM
    I was amazed by the some of the members who supported such inhumane treatment. People are giving all sorts of comparison stories of what would you do if intruder breaks in , etc. This is a simple case of humanity and nothing more. Yes, the person involved is illegal and probably some action should be taken against that. But some of you guys need to remember that you guys are legal now but it does not take much to lose one's status. A erroneous AOS denial, losing a job. A pregnant woman who is in labor pain and about to deliver is not going to run away that you need to restrain her in shackles , especially when she has established a life here and also excited about the new born. You guys need to ask your mother, wife and sister about this story and get their opinion.

    Yes the lady's crime should not go unpunished. But this country has all sorts of laws like racial discrimination, religious discrimination, age discrimination and the list goes on. And these laws are there for a reason. Reason: All these things DO happen.





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  • potatoeater
    04-11 10:59 AM
    I think I know a few with PD < 2002 still waiting....Its hard to give up when you have waited so long....


    Of course there are many, may be thousands who are waiting since 2002 or earlier. But the logic I gave was that these guys must have already filed their their AOS petitions in the interim years.

    My point was that, there is no way so many ancient labors (pre 2001) can get cleared last month and cause depletion of visa numbers. There is only one explanation. These labors were pre-approved.



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  • ssreenu
    04-14 12:59 PM
    The aim of this appeal is not to compare or compete with EB1, PhDs, US MS degree holders or discuss other exotic bills!

    There are several hundred EB2 / EB3 folks who have continued to live here for several years (many have crossed 10 years). They are stuck in the infinitely long GC line, for no fault of theirs. It is natural that people who have stayed for long have grown up children (who are not US born) and who need to go to a good college for a good future.

    It is almost impossible to pay international fees and it is neither fair no appropriate to break the back of genuine law abiding residents, despite the fact that they have lived for
    8 / 10 years and have sincerely paid the taxes due to the government, just because they do not have a GC.

    For the "sin" of being Indian/ Chinese born and for the "sin" of not being able to get the GC because the rules favour long term indentured labour, an entire upcoming yonger generation should not be allowed to suffer. This is unfair and discriminatory. If any one of us had been from a country other than India and China, we would have obtained out GCs in 3 / 4 years.

    The idea is to have the cases of all genuine, hard working, EB2 / EB3 employees who have honestly lived here and are continuing to process the path ot GC legally, be considered from the human angle, more so from the point of view of the education of the children.

    When it comes to illegals, people scream about human values, humanitarian considerations, education of their children, family ties etc etc. What about us, who have followed the rules "to the T" ????

    Is following the rules, going through the approval complex web of approval processes, paying taxes and trying to lead sedate and simple lives a sin?

    Are we not human beings? May be we are labelled "aliens" but we are certainly not from Mars!

    So friends, let us be clear in where we stand and what we are pleading for.

    Unless we have the conviction and clarity we cannot make any progess!

    Long live the unity of EB 2 / EB3 employees!

    May the SUPREME POWER bless IV and the genuine forum members!

    I modified your post a little bit and I sent an email to white house, I am not sure how far it will go but I would encourage everyone to send an email to whitehouse, they might look into at least one of the emails if not all:

    Contact the White House | The White House (http://www.whitehouse.gov/contact)

    There are several thousand employment based greecard applicants who have continued to live in the USA for several years (many have crossed even 10 years). They are stuck in the infinitely long greencard line for no fault of theirs. It is natural that people who have stayed for long have grown up children (who are not US born) and who need to go to a good college for a good future. It is almost impossible to pay international fees and it is neither fair no appropriate to break the back of genuine law abiding residents, despite the fact that they have lived for 8 / 10 years and have sincerely paid the taxes to the US government, just because they do not have a Greencard. For the "sin" of being Indian/ Chinese born and for the "sin" of not being able to get the GC because the rules favour long term indentured labour, an entire upcoming yonger generation should not be allowed to suffer. This is unfair and discriminatory. If any one of us had been from a country other than India and China, we would have obtained our greencards in 3 / 4 years. The idea is to have the cases of all genuine, hard working, EB2 / EB3 applicants who have honestly lived here and are continuing to process the path ot GC legally, be considered from the human angle, more so from the point of view of the education of the children.
    When it comes to illegals, people scream about human values, humanitarian considerations, education of their children, family ties etc etc. What about us, who have followed the rules?

    Is following immigration rules, going through the complex web of approval processes, paying taxes and trying to lead sedate and simple lives a sin?

    Are we not human beings? May be we are labelled "aliens" but we are certainly not from Mars! Please consider to clear the long waiting backlogs of the greencard process.





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  • krish2005
    12-08 06:54 PM
    Truly agree with you and thomachan72. Not sure why folks disagree on this case without humane treatment. And that too for such cases when a pregnant woman who will not be running away during her labor pains - why needs to be shackled ?

    In fact once my post started I was abused by many and redded too. Gave a green for you here. Again I am not supporting illegal immigration or undocumented stay. Anything which is legally punishable is fine as its law. But there are cases that have to be attended with leniency (at least this case).


    its unbelievable what attitude some have on here...many on here are anti-illegal immigration which is understandable...but how can you condone such inhumane treatment...we are not animals...illegals are economic refugees in a way

    just cause most of us on here were blessed to come up in decent families who afforded our education...it doesnt give us a right to treat the less fortunate with no dignity...what a shame

    always "treat others the way you want to be treated"





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  • chanduv23
    02-02 02:19 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.





    qasleuth
    02-27 02:31 PM
    I am going to take the liberty of putting together an agenda for the conference call, just to make it more productive. I can play scribe for the call.

    The call will be for a maximum of 60 mins, unless someone wants to take it longer than that.

    1. Quick introductions - State your name - GC application stage. - 10 mins
    2. Brainstorming session -- 20 mins
    2. Volunteers who want to be part of the smaller sub-group need to come forward. -- 5 mins
    This is purely to get thoughts/ideas streamlined. Everybody needs to chip in once the action plans are drafted.
    3. Volunteers to exchange contact information. -- 10 mins
    4. Miscellaneous -- 15 mins (if needed)

    Please add more items if you feel they are necessary.

    I will try to scrape all the ideas generated in this thread and will summarize for the call. If anyone wants to post more ideas/comments/suggestions/criticisms, go right ahead and post.





    thirumalkn
    07-17 07:14 PM
    Thanks a ton IV Team ! This is a great Achievement !!!



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