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  • mirage
    08-04 03:24 PM
    I would request everybody to send out the mails ASAP. This will certainly help....
    ----------------
    Pani, I was not able to upload the word doc. Can you make a word document from this and upload it...

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

    To, 08/05/2008

    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    From,

    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,
    OK-2#####

    Dear Sir/Madam,


    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories


    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.



    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.


    God Bless America!

    Thank you for you attention,


    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

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

    Senator John Cornyn
    Chairman - United States Senate Judiciary subCommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072





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  • GCBy3000
    07-18 12:09 PM
    Where are the new members whom I see on other 485 related forums?





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  • mirage
    03-14 10:36 AM
    Guys,
    I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
    Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..





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  • ras
    10-16 05:47 PM
    Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
    Issue/Background:


    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.


    Should you have any questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number



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  • vadicherla
    05-28 02:27 PM
    i will contribute 50$ now

    contributed 350$ so far





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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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  • sparky_jones
    03-12 10:18 PM
    Dude
    Interesting case, did you port your PD or??
    I think this person was indeed trying to port to EB2 some time back, but even the EB2 had a PD of Nov 2005. So even if the port succeeded, even that would not explain the out-of-turn approval.





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  • eager_immi
    11-21 10:01 AM
    Mr. Carbon,

    Can you please e-mail this to Lou Dobbs of CNN.

    -Kaka
    Lou Dobbs are you kidding me!!! By now all should know he is not a journalist he is a propagandist. He does not read to expand his horizon he uses a cookie cutter approach to fit everything in his grand scheme of propaganda "the plight of the middle class." So please don't waste time and channel your energy elsewhere.



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  • javaconsultant
    01-14 03:15 PM
    Go to home page and click on Why Contribute ?
    It in the left bottom corner of the home page.

    Hi All,

    I'm new to immigration Voice. I've read abt this in immigration portal and understand that a group of people are leading this. I wish them all the best and i extend my full support. Also i heard that this group is collecting funds. Can someone please point me where would i contribute.

    Thanks
    RAJ

    SWA: Virginia
    SWA Receipt Date (Priority Date): October 31,2002
    EB2 - RIR
    Forwarded to Philadelphia Regional DOL on June 22, 2004
    BEC Case Number: P-04282-*****
    45 Day Letter Received and Replied : Feb 2005





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  • Edison99
    11-16 08:39 AM
    Great!
    Thanks for the updates�..

    Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.



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  • missourian
    06-01 05:04 PM
    My PD EB3 01/15/2005
    Applied I140 PP 05/18/2007
    Approved I140 05/23/2007

    Man I am screwed





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  • AllVNeedGcPc
    03-22 09:42 PM
    ... I thought all 485s from our times were already pre-adjudicated by now.


    I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?

    @piliriver: 140 approved last month, PD Oct-2004



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  • Milind123
    09-17 11:49 AM
    It is not my intention to make anyone feel guilty. Taking you there doesn�t solve my purpose. It is very momentary and there is a sense of regret for both of us, if this happens. You will repent for pulling the trigger and I will repent for not trying hard enough to make you see things the way I see it.





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  • nomorelogins
    10-01 11:55 AM
    Is there any reason why they find it difficult to process the available visa# for EB categories, but are able to process much more and then some for FB?
    Is it because EB processing is more difficult?
    Atleast they would not be able to use the "not enough funds" trump card for the next few years, with all the jul/aug filing.



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  • PD_Dec2002
    03-18 07:43 AM
    The upper limit should be on a per state basis, at the very least. 150K AGI in CA is not much of a deal. Pretty much all double income families will cross that limit, and quite a few single income ones. Bummer!!:mad:

    BTW, you can barely afford a Condo or a low end home in Bay Area for 150k AGI.

    I agree with you completely. But note that the amount of rebate starts phasing as your AGI goes north of 150K. I'm in a similar situation and not getting the rebate at all. But the way to approach this is (at least that's how I am consoling myself) "Because we make a lot of money, we are not getting this rebate. Would we prefer to make less money just to get this itsy-bitsy one-time rebate?"*

    And anyway rebate-on-a-per-start-basis would be a logistical nightmare for IRS given how competent federal goverment bodies are... ^^^ detect heavy dose of sarcasm here ^^^

    Don't even think of proposing that idea to IRS. The next thing you know, these rebates will be backlogged. And in 2012, there will be a TaxRebateVoice.com suggesting administrative fixes/law changes to get the 2007 rebate! :D

    Regards,
    Jayant

    *The only exception is the AMT where people in the middle-income group are being unfairly snared because the antiquated 70s law was not pegged to inflation.





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  • vparam
    07-21 10:53 AM
    Bring our issues in front of Ombudsman with the kind of time line we expect and let him take it up with the Govt.

    I strongly doubt whether he could help. I am not sure how many people have done like me, but the recent change of de-linking H4 time from H1 was a year long effort by me with all the laws reffered and countered arguments that i provide to ombudsman. He helped in that but the help was routing it to appropriate AG's staff. So with such a deluge of application , he will analysis and make a recommendation that would take as long as this EAD issue will cease to be an issue and that would take another year for USCIS to implement.



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  • valuablehurdle
    06-21 01:16 PM
    My Lawyer filed 20 cases for labor since January '07. None have neen approved yet as of today.

    Labor filed: April 15th, '07 EB2 'In Process'





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  • 9years
    09-13 01:01 PM
    Hi All,

    Ads and other process took around 8 months(approximately). Just I was talking about the day labor filed with DOL to approval email to HR department. Just I am sharing this information thinking that it might help for someone in thinking in that direction. Eb3 & Eb2 both labors are from the same company. I have US masters degree ( if any wants to know about that).

    Your questions are welcome and as much as I know I will share.

    Thank you and best of luck to all.





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  • pidurika
    07-19 06:07 PM
    Contributed one time $100. Will not hesitate to do so in the future. Nice job IV!!!

    Most media articles on the 485 issue had one common note "This normally not so vocal group of legal working immigrants have stood up and spoke". IV made sure that will not be so anymore and we have a strong resonating voice that will make a difference

    Anil





    Madhuri
    09-10 04:42 PM
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    Unfortunately I can not make it to the rally since I'll be starting on a new project. Contributed a small $100 towards this GREAT effort.
    Go IV!





    TomPlate
    07-06 05:13 PM
    One thing everybody need to understand here is we should not show anger even though we are angry. Please mind your words in the forum. Too bad from all people writing words which are not good.

    This website is searchable from search engines like google.com and it is really bad to see any anger and bad words in this website.

    Administrator do you have filter mechanism.