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  • Legal
    07-05 12:42 PM
    I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.

    We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.

    Dear Senator,
    I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).

    Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.

    For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.

    This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.

    We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.

    Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
    We sincerely seek immediate congressional/ legislative remedial measures which would
    (1) Reduce the enormous backlogs of green card petitions of legal skilled immigrants
    (2) Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.

    I make this sincere request on behalf of all legal skilled immigrants with the hope that people who played by the rules will be rewarded.
    Yours Sincerely,




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  • Leo07
    11-09 01:55 PM
    Thanks to the glorious service of the Atlanta center :mad: I missed the I-485 bus by 7 days( Labor cleared on Aug end ). Many people with later PD's got cleared from the Chicago PERM center . Now I just watch as all members get their EAD's and AP's while I wait with nothing but hope and watch legislation after legislation fail in the senate and house , and the letters flying all over the place .

    Just so that you feel better...I missed by about the same time.

    Keep your hopes alive!




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  • sandy2575
    08-11 07:30 PM
    I am July 2nd filer, Got finger print notice from NSC with notice dated 8/7.




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  • diptam
    08-13 02:24 PM
    Thanks - I'll write a mail to the HR head to release 7001 on my request and will mention that they don't have to take responsibility. Enough is enough - i got another 2 yr H extension in July 08 so i should be good,anyway.

    I'll keep you guys posted when i receive 7001 from HR by mail and i'll send it to Ombudsman office (along with that cover letter) immediately.

    You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.



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  • gctoget
    07-31 10:27 AM
    There will be a conference call for SoCal IV members on August 7th,2007 at 8:00 P.M.
    Please join SoCal IV yahoogroup for more info.

    Send blank e-mail to

    SC_Immigration_Voice-subscribe@yahoogroups.com




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  • Kodi
    06-22 10:41 AM
    Nothing so far. I keep checking the status of my application every day but its still "In Process"



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  • lonedesi
    08-04 04:15 PM
    Letter to be sent for an I-140 petition pending at NSC:

    From,
    First Name, Last Name
    Address,


    To,
    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225


    Dear Mr. Ombudsman:

    Re: I-140 processing delays at NSC for June - August 2007 non-concurrent petitioners

    I submitted an I-140 petition for an employment based green card to NSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around August 3 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that NSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.

    This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.

    Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.

    Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.

    Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.

    I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.

    Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.

    Sincerely,

    --------------------------------------------------------------------------------------------------------------------



    Please post a comment on this thread so that we can track how many members actually participated in this campaign.




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  • amitjoey
    07-18 04:58 PM
    Contributed $100 for now through Google checkout. Will be giving more eventually. :)

    Appreciate it.



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  • never_giveup
    08-14 11:33 AM
    I think they are talking about EB3 Mexico... Doesn't make any sense for EB3-India as it has already been unavailable.. so what does heavy load signifies... I am positive EB3-I will open up... may be more retrogressed than last availability.. but it will be available on Oct 1...
    I agree. This should be in regards to EB3 Mexico. Mr. Gotcher also thinks the same, as stated in one of his posts.
    Eb3 guys and gals ... don't be disheartened .... October bulletin might have some positive news atleast for the 01-02 filers.
    I am 03 btw!!!!!




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  • snram4
    02-24 07:15 PM
    Still USA is going to e attractive destination unless currency goes less than 30 rupees. Still USA is Top in innovations in medical, Biomedical and core products like Apple, Microsoft etc. India and China are going to to do service oriented jobs and hardly any big innovations. That is going to continue for next few years. Also survival is easy here compared to India as population is 4 times than USA and country is 1/4 of USA. It is a mere speculation and our wish that US citizens will wait in line for Indian visa. But it is a fact that we do not need to come to USA just for money as we can get excellent pay package in many industries in India and quality of life improved a lot on par with USA. Still population growth with less land will make lack of facilities for many people in future decades. Mainly water, food,land and energy shortage will be a problem in next decades and we need to wait and see how our government handles that.

    May be our kids in future will have to wait inline for Indian Residency:p



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  • WaitingYaar
    10-11 08:03 PM
    i think I have stated it earlier...

    for handsfree , you could either do it through accountant or legalzoom.com once you set up the company, you need to get your Federal tax id for the company, then file for any local city business license ( few cities have that requirement), Open a bank account...

    Please PM me if you still have questions... In this thread I had posted my reply and also given the accountant details , who helped me...

    Thanks for you guidance!




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  • himu73
    07-15 08:34 PM
    Contributed 20$ , Reference number: 10397



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  • Lisap
    10-03 04:20 PM
    Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
    We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
    If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).




    Please forgive me for asking this..... but can someone please explain to me what you mean by wasted visa numbers? How is it even possible with all the backlogs and the caps on categories for uscis not to be able to use all of the visa numbers? I would love for someone to explain this to me! Thank you in advance.




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  • yabadaba
    07-11 01:26 PM
    I can't believe this is how it feels to be sooo close to achieving your dream - regardless of how hard we've had to fight.....

    Congratulations to each and everyone of you in EB2-India and China that have been pushing and clawing your way (just like I have) to get your greencards. While my PD is a month away - I am so glad for you. Get ready to go on a loooooong break (mentally, emotionally, and physically if possible as well).

    I have been saving up every penny of my disposable income (after the shopping and eating out and everything else!) to go do the things I've wanted:

    Climb Mt. Kilimanjaro
    Spend 3 months with my family in India and Dubai
    Go back to Culinary School
    Go to Bordeaux and learn about wine
    Become an amazing photographer (just like one of the members on this forum...)

    The list goes on and on....

    But most of all - I can't believe that the moment is here for almost ALL of us to be free of the shackles and really really live our lives. I'm proud to have participated in everything and hopefully we ALL worked to make this huge of a difference and will see this effort through to help all our colleagues stuck in the EB3-India and China mess....
    another dubai desi!!!

    are you ooehs, indian high, modern high, st marys or choueifat?



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  • waiting4gc
    07-18 06:12 PM
    A non-profit does not aim to make profit. However it can raise money in whichever way possible to support its activities. See definition below


    http://en.wikipedia.org/wiki/Non-profit_organization

    A non-profit organization (abbreviated "NPO", or "non-profit" or "not-for-profit") is an organization whose primary objective is to support an issue or matter of private interest or public concern for non-commercial purposes, without concern for monetary profit.

    Then it wont be a non profit organization any more. You can ask for donation but cant force for it.




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  • conundrum
    04-30 03:17 PM
    the chair person has just asked the best question of the day, about EB2 person having to wait even though the DOL has approved their case



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  • scorion
    01-06 12:07 PM
    I don't think that was an issue ever. Also keep in mind the new PIM process which is now part of visa stamping might delay things if you go to get a visa stamped

    Hi,

    I talked to my lawyer and she didn't mention about any kind of delay so can you please give me some more details about this PIM and how does it affect the whole process and slow things down.

    Thanks a lot in advanced




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  • Macaca
    09-12 04:11 PM
    Greg Aamot
    JIM ABRAMS
    JOSE MARIA ALVAREZ
    CHARLES BABINGTON: cbabington@ap.org *
    WOODY BAIRD
    MATTHEW BARAKAT
    JULIANA BARBASSA
    DEVLIN BARRETT
    JACQUES BILLEAUD
    REBECCA BOONE
    LYNN BREZOSKY
    Garance Burke
    DESMOND BUTLER
    ALICIA A. CALDWELL
    TRACI CARL
    JOHN CHRISTOFFERSEN
    DAVID CRARY
    MARYCLAIRE DALE
    JULIE HIRSCHFELD DAVIS: jdavis@ap.org *
    JIM DAVENPORT
    Giovanna Dell'Orto
    ALEX DOMINGUEZ
    Kirstin Downey
    ELIZABETH DWOSKIN
    BEN EVANS
    BRENDAN FARRINGTON
    BEN FELLER
    RON FOURNIER rfournier@ap.org
    Alan Fram afram@ap.org
    Anabelle Garay
    OSKAR GARCIA
    SUZANNE GAMBOA: sgamboa@ap.org *
    JON GAMBRELL
    ANDREW GLAZER
    ANABELLE GARAY
    DEEPTI HAJELA
    ROXANA HEGEMAN
    JOHN HEILPRIN
    TOM HESTER Jr.
    ROBERT JABLON
    Henry C. Jackson
    GENE JOHNSON
    MARCUS KABEL
    SARAH KARUSH
    RACHEL KONRAD rkonrad@ap.org *
    Lisa Leff
    STEVE LeBLANC
    SCOTT LINDLAW
    TRAVIS LOLLER
    AMY LORENTZEN
    JANET FRANKSTON LORIN
    NORMA LOVEA
    JENNIFER LOVEN jloven@ap.org
    JOANN LOVIGLIO
    Jeremiah Marquez
    BARRY MASSEY
    KAREN MATTHEWS
    William McCall
    HOLBROOK MOHR
    GABRIELA MOLINA
    Amanda Lee Myers
    LARRY NEUMEISTER
    DAISY NGUYEN
    STEPHEN OHLEMACHER
    ISTRA PACHECO
    JOHN PORRETTO
    PETER PRENGAMAN pprengaman@ap.org
    LIBBY QUAID
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    MICHELLE ROBERTS
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    Michael Rubinkam
    ANGELA DELLI SANTI
    SUSANNE M. SCHAFER
    MARK SCOLFORO
    MICHAEL J. SNIFFEN
    ELLIOT SPAGAT
    MITCH STACY
    TIM SULLIVAN
    Nafeesa Syeed
    CHRIS TALBOTT
    JENNIFER TALHELM
    TIM TALLEY
    Sophia Tareen
    MICHAEL TARM
    ANDREW TAYLOR
    CHRISTOPHER TOOTHAKER
    JULIE WATSON
    CHRISTOPHER WEBER: cweber@ap.org
    WILL WEISSERT
    Laura Wides-Munoz
    Matt Yancey: 202/776.9403 or myancey@ap.org *

    Email pattern: firstNameInitiallastName@ap.org




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  • tinamatthew
    07-20 12:57 PM
    Hey make sure that I am right by talking to an attorney. They usually charge $150 for for this suggestion. Please spend that money. If you do not have that money, I will give you a loan. Pay me back once you start working.

    :)




    vallabhu
    01-05 09:40 AM
    My cousin filed her application in May 2003 from vermont, the case was shipped to Phil and se got her approval in September 2005.

    I guess they are curently processed November 03'




    vishwak
    10-22 08:24 AM
    Could you please provide some more information regarding this porting from EB3 to EB2?

    Check this Thread...
    http://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/18721-eb3-to-eb2-porting.html



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