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  • as12343
    07-17 07:38 PM
    Thank You All!!

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  • +ve
    05-13 03:28 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...

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  • fshah
    07-06 03:45 PM
    Order No.:

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  • sats123
    04-13 07:03 PM
    I have been in this country for 7 years and waiting for PD to apply for 485. I want to share with everybody how employers can really **** the GC. My labor was cleared in sept. 2004, that time it was current and was eligible for concurrent filing. My employer kept on delaying and applied during december christmas week end. Later he surprises me saying that it was rejected, attorney had sent 140 and 485 to California processing center instead of sending it to vermont. On the labor approval, it is clearly written that it should be sent to Vermont for 485. He did not provide me any proof that he had applied for 485 before retrogession was effective.

    My spouse is equally qualified as I am and she is house wife from past 3 years. She thought of persuing masters, but we have to pay the fees of international students. The fees for residents is different than the fees for international students. We are not considered as residents though we pay our taxes here. The total fees to complete masters will not be less
    than $22K.

    I am also a slave like many. I would have had my EAD by Jan. 2005, my spouse would be working if she had EAD. At times it really frustrates me when I think about it. May be going back is a good option instead of getting ripped off from these *** employers and waiting for GC indefinitely. I cannot change my employer as I completed my 6 years unless there is a pre approved labor.


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  • leoindiano
    08-21 04:50 PM

    In charlotte, Biometrics office is totally different location from local USCIS office. Biometric guys, only look at your receipt and take biometrics...

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  • santb1975
    11-30 01:18 PM


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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

    September 10. 2008


    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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  • arunmohan
    02-25 02:23 PM

    It is an excellent. Please move on.


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  • TwinkleM
    07-17 09:34 PM
    God Bless you all!!! Your efforts & fight against this injustice has brought a great relief to lots of people & their families in USA & back in their home country... Thanx a lot to all of you....

    Hip Hip Hurray!!!!!

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  • Munshi75
    03-06 06:48 PM
    Usually IV allows only 100 dollars payment using a credit card through the website. How to get around this issue.



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  • geniousatwork
    08-13 02:52 PM

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  • shreekhand
    08-26 11:27 AM
    Actually, it has been mentioned several times since past few years that the RD that you see online is infact the ND. This is NOT the date the the CLAIMS3 system sorts by. Whether it takes 2 days for someone to enter the data or 2 months the RD date is fixed - it is the date they receive your application. While entering data they look at this received date stamp and enter that as RD.

    Many National Customer Service (call center employees) only go by what they and you see online and hence give your ND as RD. The ND by far carries no value for sorting and priority purposes.

    Majority of IIO's at service centers will mention RD as the date of relevance as they look directly into the CLAIMS system and are better informed than call center employees or Infopass IIO's !

    I really hope that clears the confusion....


    Are you sure you were talking to a TSC IIO, because SR's are only opened by the call center employees.

    On my 485 receipt, I have RD as 7/20/07, ND as 9/13/07. But when I check my case online, it has 9/12/07.

    I had called TSC yesterday and the rep kept telling 9/12/07 and TSC is processing 8/30/07. I told her I have the original receipt in front of me and it says 7/20/07 and not sure where you are getting 9/12 from. She said "Oh I am sorry, I was looking at the incorrect place". She later gave me a SR # and took all the info. The funny part was she even refused to open a SR telling the date was 9/12.

    Not sure whether opening a SR now will help but trying does not hurt and it is FREE !!!! Hopefully the officer looks at my file and then approves it.


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  • srkamath
    07-09 11:04 PM
    According to DHS statistics there are around 50,000 EB2 lndia Labors in 2004 and 2005 each. So ppl with 2005, 2006 priority dates you can wait around 6-7 years for ur priority dates to be current with annual limit of around 5000 for EB2 India.

    The lawsuit can be filed by your American Civil Liberties Union Member or ur aunt or uncle or mistress who is a US citizen. U guys and gals with 485's will not be there in the lawsuit but will benefit if the lawsuit wins.

    I looked at the links you have provided and I'm still not sure where your "50,000 EB2 India Labors...." came from. These numbers do not seem trustworthy or reliable.

    Here's data directly from the DOL ETA website.....
    3/28/2005 to 10/28/2005 there were a total of 15973 Labor certifications approved - that includes EB1, 2, 3, 4 for all countries, and 3734 cases for Indian nationals in EB1, 2, 3, 4. Of course a part of EB1 and all of EB5 don't need labor certs.

    If you download the database from the DOL website, apply filters for India, approved cases, then filter out all Level I in all non-managerial occupations, followed by non EB2 job descriptions - you end up with ~ 8 - 9% approvals for EB2-IN which is approx 1300 - 1400 primary applicants.
    In my estimates, i removed most computer programmer level occupations as the USCIS has been very reluctant to approve EB2 for these cases - i could be wrong here.
    As you see, it is IMPOSSIBLE for EB2 IN cases between 3/28/2005 to 10/28/2005 to be much more than 3800 (that is approx 3800 x 2 visas incl dep).
    A total of nearly 50000 EB2 IN applicants (including dep) for 2004 and 2005 may be possible.

    The massive retrogressions we are seeing is mainly because of the fact that only 15439 EB2 visas were issued in 2003, and 32532 i 2004 thanks to DOL backlogs and mis-interpretations of the law by DOS !!!! compare that with an average of 43,000 in most other years since the 1990s.

    I'm pretty confident that your numbers are incorrect

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  • rxk2303
    08-09 02:46 AM
    Any help in finding a lawyer who is an experienced hand to represent an Out of Status case would be of great help. Please and it is very urgent too. Thanks in advance folks.


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  • rph20
    07-20 02:38 PM
    Thanks deecha for your response.

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  • kvrr1116
    03-07 09:14 PM
    Sent $100,00 for FOIA using Paypal.

    Transaction ID: 9VX874651W167245C


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  • a2006
    04-12 12:59 PM
    USCIS do have some checks and balances for the subst labor cases, so its not a staright approvals for the lab subst cases. their might be a possibility few lucky ones get off the hook, but overall USCIS can weed out the dubious/fraudulent employer petitions.

    Sub labor is not the only reason guys, its just the country cap which is limiting india EB-3 and EB-2. Most of the H1Bs like us coming to us ends up applying for GC, now look at the number of H1Bs coming each year from india and the total number of GCs available for india. Their is a huge gap in these numbers, so unless they remove the country cap or recaptured unused VISA numbers from the past years, we dont see any relief.

    Please donate to IV and help lobbying for the admin fixes or the laws which going to help us in the long run.
    True, and from 2000 to 2003, the h1b quota was increased to 195,000 to accommodate the IT boom. All the petitions that got stuck in BEC's and name checks have to come out at some point. These number gets multiplied by at least 2 because of the dependent visas. So with limited visa numbers and country quota we are stuck unless some relief happens!!!
    There is no point in trying to blame somebody for these issues.

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  • vasa
    07-17 10:06 PM
    thanx to IV core and all folks who sent flowers n went for San jose protest...

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  • realizeit
    02-25 03:47 PM
    Dear friends: Thank you all for the wonderful support and willingness to work for this. We need to convert our word to action in the coming days, if IV CORE has a positive feasibility analysis result.

    "Nothing preaches better than the act."
    ~ Benjamin Franklin (1706-1790, American Scientist, Publisher, Diplomat)

    So all of you who support this, please think in terms of how you can convert your verbal support into action in some way, in the coming days.

    Regarding a HIGH VISIBILITY Campaign

    "Sometimes a scalpel is better than a sword"

    My opinion: Personally, I am against high visibility campaign for an admin fix. We do not need too much visibilty for an admin fix unlike a legislative fix. In the case of admin fix, we need to focus on those few who can positively act on our request. In this case, those might be Hillary Clinton, Janet Napolitano, USCIS acting director etc. In the case of an admin fix a highly talented, politically skilled, IV delegation should work as the front end of this effort. While all others in the community should raise funds to support this delegation and their activities. We can form regional groups to raise funds on behalf of IV. Many of you can do that. Form groups of 5 at each region and try to arrange an Indian/Chinese movie show in your local theatre for raising funds. You can come up with better ideas than this for raising funds. This is just an idea came to my mind from my limited knowledge.

    YESSS ..

    after looooong time i am seeing a good idea ...

    Approaching Hillary is right one.

    Can we do letter campaign , similar one we did with President Bush ?

    08-11 04:10 PM
    Its high time since we spent in doing the guesswork. But sadly that's the only way to get out of the mental agony any one in EB3 stands as of now.

    Even obama has indicated that immig reform is in the attic and also visa bulletin site shows wordings like that 10000 numbers for EB3 has been cut to 5000 (it must be saying from long time back itself) which is another pain in the already open wound of EB3.

    Good at least EB2 moved but sad story continues for EB3. My guesswork is that for EB3 some daylight will be possible only around feb 2010. If no moves happen even in next year then its s%^t for all of us in EB3.

    12-23 05:01 PM

    As far i know you should your passort get corrected, if there is name mismatch in your passort & visa it can create problem for social security number.