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  • ssa
    09-10 04:33 PM
    USCIS currently has no accountability at all. Nor do they seem to have any clue about how many cases they have in the queue. Just see EB2-I dates for all the 12 VBs for the 2008 fiscal year: It started at 1 APR 2004 then retrogressed back steadily till it eventually became "U" just to jump back to 1 Aug 2006 for the last 3 months! Now after one whole year of processing and approving some 20-30K green cards for EB2-I it is starting at 1 APR 2003, a full year back from where it began last year!! Meanwhile they have handed out thousands of green cards to PDs in 2006 when the rule clearly states they have to clear older PDs first! Care to explain, USCIS?

    I know people are sending out mails and DHS-7001 forms on their own but these individual scatter-shot attempts will all vanish in a big black abyss of USCIS bureaucracy and fall on deaf years. Only chance to instill some sense in this adhoc process seems to be if IV as a whole organization takes up this matter with Ombudsman and influential congressmen/senators like Zoe lofgren. IV had been very influential in redressing excesses by USCIS in the past - turing back July 2007 fiasco was no mean feat! Can we have some IV action item from core for this?

    I'm afraid unless we do something about it as a group there is absolutely nothing to prevent USCIS from doing the same outrageous thing year after year with little fear of any retribution. We will all be practically at complete USCIS mercy!

    Finally, I'm nothing but happy for those who got their GCs in this last round of "Lotto drawing" - including those with PD much later than mine - but the prospect of being stuck in a black hole called USCIS year after year scares the hell out of me!




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  • stucklabor
    08-15 01:34 PM
    All,

    Some persuasive articles have been written.

    However, we intend to submit these as Op-Eds. In general, Op-Eds are more effective and more likely to be accepted when they are written in the first person. There is really no need to go into the various minutiae of the legal immigration system. Also, please try not to use form names like I485, or other technical terms like priority date, retrogression etc. It is probably best to use a generic term like 'backlog'. The newspaper editors - and the normal reader - are looking for how the broken system affected you, gentle writer. The very first article in this whole thread was really the best one since it was written from the first person and brought a face, a personality to paper.

    My 2c.




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  • lonedesi
    08-07 11:13 AM
    Please make appropriate changes to the letter stating the we are also the victims of DOL's backlog elimination center and at every stage of this process its taking years to get through. Mail your letter and completed Form 7001 to Ombudsman's office and lets see what they do it about it. Please post any responses you receive from Ombudsman's office.




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  • CADude
    07-04 03:18 PM
    Contact your Senator regarding unprecedented move by the Department of State.


    If you all can then please contact your senator.
    Below is the letter I sent to my local senator.
    You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
    You can also send email from this link.
    It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.

    Dear Senator :

    This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.

    On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.

    The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.

    However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.

    By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.

    Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.

    8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)

    Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.

    The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
    purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.

    I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.

    Sincerely,



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  • a_to_z_gc
    03-22 01:25 AM
    Hi gurus,

    Can you please let me know your views on my situation where both my original APs are stamped at the POE when I went to India and came back to US. Since I do not have a third AP original, will I have to get one from USCIS or can I use these two stamped ones to return to US if I intend to travel in near future?

    Is it possible to go to nearby USCIS office to get a new original AP?

    Please share your views,

    Thanks!




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  • arihant
    05-03 07:20 AM
    I keep hearing that DOL has allocated more resources to entering data. Does it really take so much effort to perform data entry. One of our customer is a large multinational company that has hired a few interns to convert huge stacks of paper files into electronic format by manually entering data into the system. These paper files go back decades, and these 5-6 interns have been making great progress.

    In contrast, how long does it take to enter 300K cases into the system? Besides, if they have hired about 100 additional people or so, why are they using case reviewers to enter data? Can't they use interns to perform such low-skill job while continuing to use reviewers to perform their primary task?

    My company recently interviewed a fresh computer science college graduate who is working with DOL in entering data. I wish we had hired him so that I could talk to him more about his job duties there.



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  • fundo14
    07-15 03:47 PM
    Sent $10 by online check from Citibank

    Reference Number: 10186




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  • greyhair
    08-12 11:19 AM
    Why is the senator backtracking from "chop shop" comment ? Here is why

    Visa row: US keen not to hurt ties with India before Obama visit - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Visa-row-US-keen-not-to-hurt-ties-with-India-before-Obama-visit/articleshow/6298482.cms)

    One more thing, if you read the comments, he is not back tracking. If I were him, I wouldn't either. Sen. Schumer is saying, btw, if I offended anyone, then its not chop-shop, its body shop, take that? He is ridiculing those who thought they cornered him.



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  • villamonte6100
    04-02 09:46 AM
    Why is everyone jumping on Dard-E-Disco?

    Come on guys chill.

    I have responded on this thread several times yesterday and reading through Dard-E-Disco's and everyone's comments, he's got a very valid point.

    We can't just poke around an established government agency because we feel they are not doing their job properly. I am sure they are doing their job based on policies, and their policies may seem not to favor everyone.

    They don't just make decisions on their own.

    The structure inside USCIS could be very complex. And just like any government agency, you just cannot change things anytime.

    Unfortunately, it could be affecting our lives but by voicing our concerns through proper venues like the IV forums is the way to go.

    We can shout, we can scream, and join protest and forums, but that's all we can really do.

    This is their country and we are guest here, and we have to respect whatever policies or laws they have because they gave us the opportunity to work and live here, and hopefully a chance to become permanent residents of this country, and in the futre become citizens.

    For me, I have to thank them for this opportunity, although at times it is very frustrating.


    Chill and Cheers




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  • conundrum
    04-30 04:06 PM
    In fact there should be a mandatory GreenCard 101 to cleared at least with a grade 'B' or better for anyone to be on the immigration committee :D



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  • kate123
    02-25 05:17 PM
    I would be the most happiest person if that happens :D

    i think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file i-1485.

    Thank's
    mdix




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  • amitjoey
    05-14 04:55 PM
    you can still call the senators on the west coast- you got 2 more hours.
    Please call.



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  • ramus
    07-06 01:29 PM
    When you come with such statement please give source?


    it seems they are planning to honor the July VB and make chanes in Aug VB. So I guess they will accept the applications in July. :rolleyes:




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  • gccovet
    11-21 05:04 PM
    Not really h1b is a different track all together. If 485 is denied and the denial is final - person is still free to work till h1b expires thats why lawyers say h1b is safer

    This is exactly my lawyer mentioned, AOS deined, you are still good to continue work (and wind up in USA) till your H1(i-94) expires. Hence, it is deemed as "safety". Person gets time to windup before the final bye-bye.
    GCCovet



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  • ilwaiting
    04-25 10:52 AM
    Well, It might make the PD's retrogress bit further. but atleast it would give people fair treatment.


    It may not help at all.
    Chances are once you make the arrival date as the priority date, USCIS/DOS would set the cut-off dates to reflect the earlier PD's. For example if it is now May 2001, it could retrogress to May 1995. I don't see any gains there.




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  • rockstart
    07-11 08:30 AM
    I agree looks like CIS is getting its act together. but with such a big jump in dates. We will see random approvals like May 2006 before July 2004 etc.

    Is this big jump for EB2 due to overflow from other categories? Is this as a result of awareness around visa wastage?



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  • hopefulgc
    09-12 12:11 PM
    Actually,
    why do they even have to locate old files physically?
    All the data about case file number (LINXXX, SRCXX, etc), status and the associated priority date is in a single/distributed database (else we would not be able to check our status online )

    WHY CAN'T USCIS NOT RUN A QUERY AGAINST THIS DATBASE....?





    Well - what I say is - there is an issue and we have to fix it. But do you think such a tangential effort work?

    It is also known/unknown that USCIS simply does not have a system in place to locate files with old PDs - constant changes to system may have resulted in poor record keeping. I do agree that this issue has to be brought to limelight.

    I personally feel that any effort must be effective and not a half hearted effort - what I am trying to say is opening a thread and running 10 pages of messages and doing nothing? Does that work for us? Can that be effective?




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  • immi2006
    10-01 01:26 AM
    I applied concurrently on July 2.

    I applied LC in Oct 2000, it went out of the lawyer's office- i got the approval of LC on June 22 2007 from BEC.

    What I am seeing now, is my case got transferred from Nebraska to CA and now transfeered back to Lincoln, what beats me is :

    I filed on July 2 (as per my lawyer) and ours is one of the well known Bay area company in the planet. I saw that Reciept date is marked as 30 Aug, and ND as Sep 10. This is from a Transfer notice I got, I did not get any reciept date yet so far. I know at least 100 odd EB2 cases and plenty of eb 3 from 2001 time frame getting lc approvals. I know this for a fact as we share our data across amongst us... waiting in silence for ever !....


    The sad part is that some applicants who missed the boat called BEC with PD of around June 2004 on EB3/India got approved in June end/July time frame. I did see this on some forums external to IV.

    I think there may be candidates from 2001/2002/2003 who may have applied in June/July 07. But if the rumors of NSC processing RD wise (as seen on some forum posts outside IV), then it is unfair to these people, because there may be others who missed the BEC boat and are ahead of these folks coming out of BEC.




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  • GCard_Dream
    09-10 01:00 PM
    The discrepancy is due to the fact that you are looking at visa bulletin from 2 different month. The bulletin on State department's website is for September and the one on Mumbai consulate's website is supposed to be for October.

    Please help me understand this:

    The Dept. of State's web site has the visa bulletin for SEpt 2008 as:

    EB INDIA
    --------------------
    1st C
    2nd 01AUG06
    3rd U

    And the US Consulate's web site at Mumbai has:

    EB INDIA
    ------------
    E1 Current
    E2 1 April 2003


    So, how come Consulates got the latest information? Why not post this on the DOS page too by the DOS?

    I am so sick and tired of this whole process of GC. I am starting to question myself if this entire process of wait, is worth at all? If you are illegal, you are free in this country, if you are legal they scrutiny your papers with a microscope....I am sick, totally sick. There is a limit to patience, too.:mad::mad::mad:




    abhisam
    07-13 04:47 PM
    count us in..simi valley




    franklin
    09-28 08:57 PM
    But I think franklin posted earlier that she got her GC when the priority dates are not current. And shows about 5 EB3s from India got approvals during September whos PDs are on or after 2003.Do you think USCIS might have requested the visa number for their cases when their PD was current?

    Theory 1: I got assigned a visa number as soon as my case arrived at USCIS in early June.

    Theory 2: Spend as much time talking to lawmakers and reporters as I do, they want to shut that squeaky wheel up.

    I like Theory 2 best :)

    I would say, however, just because a handful of applications have been speedy, I don't see any systematic changes that mean everyone's will be.



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