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  • amits
    07-19 12:59 PM
    Thanks, kvsagar123!!
    We need more supporters and contributers like you!!

    I am silent reader on this site from last one month. It is great to know lot of people are working hard behing the scenes and really appreciate what IV has done regarding bulletin fiasco.

    I will make couple of friends to join IV and contribute.


    July 19th : signed up for 50$ recurring contribution




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  • diptam
    10-08 12:10 AM
    The reply that Ombudsman office wrote on Sep 11th came to my hand just today Oct 7th - looks like they have backlog in mailing letters as well.

    Anyway - the summary of the letter is similar to he email discussion few days back ( as below ) ... USCIS should get back to me in 45 days i.e end of Oct 08

    Today morning Ombudsman replied to my 2nd email ( as below) and confirmed my address - they said that a reply has been sent to me on Sep 11th for my 7001.

    Then i sent a return email saying i didn't receive any reply till today Oct 2nd and he further emailed me back saying that USCIS must give me a response by Oct 30th on my Pending I-140. Keeping fingers crossed - will post here if i see any LUD or activity in my I-140 in the next 3 weeks time.




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  • loudobbs
    08-02 05:56 PM
    Please take any news/info from thereps with a pinch of salt..

    I called and the guy swore that premium processing for I140s was discontinued from May 13 2007..


    Another time the guy just read the information which was avlaible online...

    third time, I got the number for Premium processing center which of course was incorrect.

    These reps are high school grads,, so dont expect too much...:rolleyes: :rolleyes: :rolleyes:




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  • lonedesi
    08-11 03:31 PM
    Hey,
    Looks like my employer will fill up the 7001 form but how about the main letter. Does that needs to be signed and addressed by employer as well ?

    Because the Link for 7001 doesn't talk about sending a separate cover letter.

    http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

    Thanks,
    Diptam

    Your employer does not need to sign the letter. You can sign the letter. On section 12 of the form 7001 mention " please see the attached letter" and then include the letter to be mailed to Ombudsman's office.



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  • roseball
    08-23 09:49 AM
    AFAIK, this memo only applies to those I-140 petitions which do NOT require a labor certification approval. It does NOT apply to EB-2 Advanced degree holder petitions which require a certified labor and BS + 5 yrs or MS + 0 yrs of experience.

    Though, for now, most of us who are filing in EB-2 Advanced degree holder category have nothing to worry, this definitely looks like a targeted approach where they are coming after everybody, one category at a time. So its just a matter of time it seems when they come up with something which targets everyone...

    As per Matthew Oh's blog, this will be adopted on Sep 3rd.




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  • gc_dedo
    04-30 03:41 PM
    this sucks.
    they dont know the difference between gc visas and h1 visas.
    hes talking about employer trying to get visas to people to come and work.
    no hope



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  • wonderlust
    07-09 02:57 PM
    Hard copies of letters are more powerful than emails. Please continue writing letters because we need sustained efforts. Please also consider asking Ameirican Citizens to send letters from their perspective. See the letter template drafted by my American friends:
    __________________________________________________ ______________
    NAME AND TITLE OF THE GOVERNMENT OFFICIAL
    ADDRESS

    July 9 2007

    Dear (TITLE AND LAST NAME):

    I am a tax payer and resident of (YOUR STATE). I seek your help in the following matter:

    On June 13th, the U.S. Department of State online Visa Bulletin announced availability of a large number of immigration visa, which opens door for legal employment-based immigration applicants to submit their paperwork starting July 1st. On July 2nd, merely 2 weeks later, the Visa Bulletin published by the U.S. Department of State announced that �there will be no further authorizations in response to requests for Employment-based preference immigration application cases�. This drastic change is condemned by American Immigration Lawyers Association (AILA) as �Bait-and-Switch� policy which �slams the door� in the face of immigration applicants who are following the laws. New York Times called it �immigration malpractice�. This has been a waste of the government�s time and money.

    As an American Citizen and a tax-payer, I have worked and lived alongside with many legal immigrants and prospective legal immigrants. They actively contribute to the economy, education, technology, culture, and research in the U.S.

    They also respect and obey the laws, even though there are stringent scrutiny and limitation imposed. For example, they wait for years to complete the legal process, during that time, they cannot travel abroad without the serious risk of being denied re-entry. Having committed no crime, they have to notify the government every time they change their place of residence � something that, among American citizens, only convicted felons are required to do. They have spent hundreds, sometimes thousands, of dollars on government-mandated application fees and related costs. They have underwent inordinate amounts of stress making sure their applications were complete and properly filled out in every way, knowing that any error or omission, real or perceived, could get their application automatically rejected. Through it all, they had faith in the system of legal immigration. Now they are being penalized for following the law and for having faith in the system, because the federal government has dealt with them unjustly and deceptively. Such a way of dealing with prospective legal immigrants is sure to deter other highly skilled, intelligent people from wanting to live and work in the US, to the detriment of our country.

    I request that you investigate and work to improve the procedures for legal employment-based immigration. Specifically, I strongly urge you to support the highly skilled people who are seeking legal employment-based immigration because they are actively contributing and improving the (YOUR STATE) Community and the greater American Society.

    Sincerely,

    YOUR NAME AND TITLE
    COMPANY/ UNIVERSITY.
    __________________________________________
    Wonderlust
    PD 06/2006
    Member of IV since Feb 2007




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  • javadeveloper
    07-20 12:15 PM
    Contributed $100



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  • Blessing&Lifeisbeautiful
    08-13 04:21 PM
    With the current situation, I think it may take 2 to 3 months...

    Probable longer for an RFE. Receipt notices are taking 6 weeks+. When do you think EAD will come out. It used to be 60-90 days. With quite a few EADs out in less than 60 days.

    Any ideas




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  • ravise
    12-10 04:30 PM
    till now we have not seen such detailed explanation in visa bulliten. Some thing to be feel good about.

    Regarding EB2 spillover; i think their main problem with quarterly spillover is to move both EB2I and EB2C to the same priority date. If the spillover quantity is so less.

    From one of the privious pdf from USCS number of EB2I applicants between between 22JAN05 and 01MAY05 were nearly 4K. I don't think there can ever be 4000 splillovers to EB2 in a single quarter. Remember spillover from EB1 to EB2 can only happen during the year end and quarterly spillover only includes intra catogiry.

    all personal analysis/openion.



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  • hpandey
    07-06 10:32 AM
    Most leaders are actually volunteers in IV. They have a regular full time job.

    What you are saying: "who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening" :

    For this you need to hire full time lobbyist which costs a lot
    of money. IV budget is nowhere close to that the Hispanic lobby group:
    National council of La Raza whose budget is
    $40 million or $1.3 billion including its �affiliates� network.
    IV is a tiny organization in front of La Raza. Thats....a BILLION with which they hire full time lobbyist.

    I strongly suggest you listen to the audio interview to understand how big the hispanic
    lobby is and get some reality check of how things work in US politics.

    Raul Yzaguirre on Past and Future of La Raza : NPR (http://www.npr.org/templates/story/story.php?storyId=4229605)

    Even with such power also they cant pass CIR. But at least they ensure that no
    EB or illegal immigration reform will pass unless there is something for illegals.

    I agree with you . In fact I commend the IV leadership for at least giving us a platform. If someone believes that by a budget of 50 K to 100K a year IV can do some miracle then I guess they are deluding themselves.

    I don't know much about behind the scenes IV leadership but I respect them for taking time off and doing something for the EB community .

    Money talks in this country. Maybe IV people had good ideas or bad ideas but without money I don;t think anyone is going to hear our voice OR we need mass involvement - even that is not there . Although 30,000 people are IV members but when you need them except a couple of hundred you don't see anyone.

    How can an organiation work which can't even collect 5K a month from its members . We all are willing to spend hundreds ( sometimes thousands ) of dollars on EAD, AP , H1, labor, I-140, I-485, lawyers etc etc and don't even spend 100$ a year ( yes not month - a year ) .

    Most of the people come here to check forums or get free advice.

    For this reason alone I cannot fault IV leadership and I respect them .




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  • bigboy007
    05-13 11:29 PM
    Did you ever apply for EAD / AP?

    My I-140 was never denied. In fact the date 09/04/2007 that NSC mentions about the denial is the date that I got approval notice. I have the approval copy from USCIS. I am not sure what the adjudicating officer is looking on his terminal.



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  • drak70
    09-13 07:04 PM
    contact all major TV channels and newspapers.... (phone /email)

    Dear All


    The website
    http://capwiz.com/aila2/dbq/media/ contains email/ address of 6479 media address

    depends on javascript to force you to send only 5 messages at a time.
    here is small shortcut:So switch off javascript
    on IE go
    Tools>Internet Options>Security>Internet>Custom level>Scripting

    Close the browser and open it for again for your state.


    also the format is like this if you want to send numerically

    http://capwiz.com/aila2/mail/compose/?type=ME&alertid=&mediaid=1&mediaid=2&mediaid=3


    the "&mediaid=1" seems to be the repeating unit except for the number
    my IE only takes 179 address at a time As i mentioned there are 6479 address so if maybe some smart techie knows to increase the address bar size


    drak70




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  • conchshell
    09-10 05:20 PM
    Considering 7% country quota and 26.7% EB2 quota of 140k, we get 2800 visa for EB2 annually. For first month this number comes out to be 234. Considering 1.2 dependents this means 106 families get GC under EB2.

    I am sure they have more than 106 cases before the cutoff of 1 April 2003. This may also include people delayed by background checks.

    But at the same time EB2 will get spillover from EB1 and EB2 ROW, so its expected that EB2 I will move forward. But how much that spillover is gonna be? Any data?



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  • needhelp!
    03-12 03:16 PM
    We cannot expect core members to be online all the time, and we cannot expect to see lobbying related information unless a bill actually comes out. I think what we CAN do is keep the average members like me who want to do something, engaged with things that are within reach.

    FOIA campaign was a great example of this.

    However, I am very sad to report that only 3 other members from Texas Chapter participated. With such level of participation, I am not even sure that such campaigns are meaningful. Lobbying seems the best option, where we can pay and then be lazy the rest of the time, but the drawback is that updates will be once in 6 months or a year depending on when bill is being introduced.

    With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.




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  • suriajay12
    03-05 08:53 AM
    Who knows, maybe Obama is preparing for CIR 2009 now. Before CIR he maybe planning to push all legal EB cases. Remember July 2007 fiasco happened in the backdrop of CIR 2007.

    My guess.

    My guess is , The new president appears to be strict. So his question to the department very soon will be "What the heck you've been doing with all these cases not touched so far. So they want to do their part even before the big boss asks them. So that way the only issue will be lack of numbers, else everything is ready and look, we did our job. We're very efficient :)



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  • amitjoey
    07-13 04:45 PM
    Having some samples loaded will help other members in contacting. I agree that personal story will be more effective but atleast we will know format of request.

    Thanks.

    -------------Template--------------------------------------


    Dear Senator
    I am a highly-skilled professional 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 Green Cards 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, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS), other allied state and federal agencies.

    Several categories of EB immigrant visa (Green Card) numbers were unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer.

    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� (date assigned to us for our turn in the line for Green Cards), 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.

    Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work for any employer- this was still a welcome change. Especially, for dependent spouses who are otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. Several dependent spouses are also highly-skilled.

    Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. Hundreds of millions of dollars were spent by thousands of immigrants in preparation of their application. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience. These are people that are in the country legally, paid taxes and followed all the rules.

    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 request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request with the hope that people who played by the rules will be rewarded.




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  • gcwatchdog
    11-20 12:43 PM
    Thank you for u'r information, now I got a clear picture.




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  • rajeev_74
    04-25 05:27 PM
    1) Can somebody explain what the CORE objective of asking the UCSIS/DOL
    to change the Priority date from the date of application of Labor to date of filing H1B is?

    2) What is the proposed plan of action to deal with the 100K plus applications already applied for?
    Ans 1) Fairness...H1-B transfer becomes a reality...One can look for better Job oppurtunities...otherwise why even allow H1-B transfer when there are hidden GC related problems.
    Ans 2) It should be applied to new AOS applications only.




    mpadapa
    06-24 02:35 PM
    RNGC, excellent thread, looks like pessimistic folks have taking this thread for a ride.

    America stands to loose in many ways. Here is why..

    A study by Kauffman Foundation shows that "an average 13.25-year lag between a key founder’s arrival in the United States and firm formation" - source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
    Loosing well trained individuals due to frustration with the immigration system or due to expired visa duration is equivalent to outsourcing. impact of outsourcing to the US economy is very well debated these days.

    Another Kauffman report shows Immigrants were involved in 25% of the US patents approved in 2006 - Source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366#PaperDownload
    This leads to reverse-brain drain phenomena who's effects to the economy are well documented.

    Here is couple of NFAP study about

    The impact of immigrant Entrepreneurs and professionals on the US competitiveness:
    http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf

    Driving Jobs and innovation offshore:
    http://www.nfap.com/pdf/071206study.pdf

    Stalling the career path through GC backlogs will impede the creativity of the individuals and hence dampen their entrepreneurial spirit. It also kills the innovative spirits in the individuals.

    Those who feel that "grass is greener on the other side" will jump to the other side irrespective of their GC backlog issues, their criteria is different. But there are many who believes that the American system cultivates innovation and entrepreneurial skills, for them the GC backlog is a drag on their growth.

    EB1/2/3 is not a delimiter to innovation, innovation happens at all levels. All EB1's aren't PhD's, there are quite a few PhD's in EB2 and similarly there are quite a few MS folks in EB3 too. By saying US just wants EB1 is utter disrespect to fellow professionals who are not on EB1.

    People,
    I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.

    1. What is America losing because of our prolonged wait for Green Cards?

    2. How people who have green cards are contributing to the country as a whole ?

    3. What if the whole green card process takes less than 3 years ?

    Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....

    I am looking for thoughts and experience other than the above things.




    Totoro
    05-02 09:25 AM
    Please contact me, PM or post, if you are willing to be interviewed for a news story on this. You should be a professional in the San Jose / Bay area, although anyone in California should contact me. I will forward your information to the reporter.

    On a related note, I have gone through the laws and regulations and the SSA is required to provide SSN for valid non-work purposes. I have compiled an extensive argument to support this case and I am currently in the process of getting the SSA to recognize the stimulus payment as a valid reason as required by the Social Security Act. If my petition is successful, it will set a precedent for others affected by the ITIN rule.

    Also, you are not a nonresident if you live in the USA. According to one of the replies I received from the SSA.

    "Under the IRC, therefore, an alien who is a nonresident for immigration purposes (i.e., not admitted for permanent residence) may be treated as a resident for tax purposes, if he meets the substantial presence test. Therefore, he could be eligible for the tax credit. However, he may not be eligible for a SSN if he wants one solely for the tax credit."

    I disagree with the last sentence and I am currently beginning the appeals process. I am willing to share the regulations and laws that support my case but I am wondering how to best share this information with others who may also want to get involved.



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