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  • reedandbamboo
    09-13 12:48 AM
    Folks,

    I edited the letter so please take a look at this version. Some of you'll have suggested I condense the letter to a series of questions alone - I think this is a good idea and will be more effective in capturing attention. I will prepare something in this format (but it will have to wait for the weekend).

    For now, my intent with this letter is to ask that the ARBITRARY nature of the visa bulletin be put to an end. I am exhausted by the cycle of raised and dashed hopes when the visa bulletin moves forward and backward.

    To those of you'll who brought up the issue of schisms between EB2 and EB3, please read paragraph two above. Let us correct this randomness before we tackle each of the issues that are making life so difficult for us. You could start by gathering your friends, co-workers and other EB3 applicants and put together your list of issues to be addressed along with solutions. My view is that if USCIS is incapable of taking care of the matter then we have to pitch in and suggest/prod/request/demand it of/from them.

    Together we can do it!

    And here's the letter:


    The Ombudsman
    USCIS

    September xx, 2008

    Sir/Madam,

    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 nominally can 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).

    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 the 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.

    Thanking you,





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  • vxg
    11-11 04:45 PM
    I really feel sorry to read this post and the Nanny must be punished for this however as everyone else said you may get into legal trouble if you do report it. My own son is now 5 years old and we use day care services and one of the reason i hate the Nanny concept legal or illegal is because of this abuse and qualifications of the nanny. I strongly suggest find a day care which is reputed has a structured curriculum. Go visit the place and check for cleanliness, talk to the staff etc. Remember some of the day care also bad in terms of hygiene etc. but almost none of them would risk their license by abusing a child. Agreed the child get sick a lot but as immune system develops they get over it and my son really enjoyed all the activities at day care. Nanny at home cannot provide activities needed to keep a child busy thus abuse can happen.
    Again i am really sorry to hear. I still think you can anonymously report to DHS or police that the nanny is working illegally if you can do it that way she will get deported and may never get a visa to US.

    Hello guys,
    Sorry for this non-immigration related post. We have this sudden, tragic situation that I wanted all of your advice on. Thank you for your time in reading this long post.

    We had hired an Indian nanny in NJ who, we learnt after hiring her, is here on a tourist visa. We were paying her $350 per week cash, which is the standard rate around here for nannies (incl. citizens and people on GC). We had liked her when we met her in response to an ad on Sulekha, and we thought an Indian nanny would be good for our first child. She has been with us for about 3 months, and we were intermittently not getting a good feeling with her for some reason. We finally bought a small security camera and installed it yesterday. On the very first day with the camera, we came home and saw the recorded video to find that she is violently hitting the baby on two separate occasions. Needless to say, it has shocked, angered and extremely saddened us. I showed the video to a couple of friends and even they say it is unbearable to watch. This was just the first day of recording and it pains us tremendously to think what all may have happened previously.
    She is of course not going to stay with the baby alone anymore, but I want to know what legal options I have to penalize her to the fullest extent, so that she does not do this to anybody else�s small babies. She it seems had come here last year and taken care of someone else�s baby in Hoboken, and I can imagine that their baby also went through this. (This woman and her husband are a ~ 35 year old couple, who have a multiple entry ten year tourist visa; both come here for 6 months every year and work odd jobs like this. They apparently got a (unsponsored) tourist visa after showing a lot of landed property in India).
    I specifically want to know if I will have potential problems if I go to law enforcement about this- regarding have employed her (both of us are on H1B visas). I know we have made mistakes and should have done better due diligence in this, and there cannot be any more punishment for us than seeing our 8 month old � who cannot tell us about it when we come home- being beaten on the tapes. We saw this yesterday and have not told her yet. We want to weigh all options before we proceed, but from today onwards one of us is home all the time till Friday. Any advice or opinion is sincerely appreciated. Thanks for reading this long post. And, to all who are thinking of nannies or have one, please learn from our mistakes and closely monitor your child�s safety every day.





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  • santb1975
    12-01 01:45 AM
    We definately need dedicated members like you and recurring contributions

    I have made one time contributions twice before, but this time in the spirit of holidays I have signed up for $50 monthly contribution.





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  • MDix
    02-25 10:59 AM
    You are very good critic, I hope your criticism will lead people into right direction.

    ya, lets step-up a poll and have everyone vote, as if this is the US congress. And after voting leave it for someone else to work on this and other "brilliant" idea. There needs to be a reality check. This poll doesn't mean anything unless there are enough people to spend time and energy at every level. But ya, lets setup a poll and have everyone vote, it will give everyone a feel good factor that everyone contributed in the advocacy effort, how? by voting in the pool and not doing anything about how everyone votes.

    .

    Thank's
    MDix



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  • kumarc123
    07-10 01:43 PM
    I tend to agree.... nowhere in the past discussions IV seem to have cared about EB3s. It is more frustrating to see this situation sincce Eb3's have been suffering for longer with no hopes what so ever.
    And anyone trying to implicate that EB3s are less skilled are plain wrong - we got in EB3 limbo due to large corporations doing things by book (or for plain long term commitment out of workers).

    Either way, IV leadership needs to re-iterate and re-emphasize at least once that this is not EB2 fight only but EB fight in general. IV discussions simply have gone EB2 biased only for too long.

    To answer your query,
    Let me start by repeating myself, it is not about EB2 or EB3. We all are EB communities. We didn't design the system, neither we believe ourselves to be superior to EB3. The point is all of us need to work together and help ourselves to change the system. IF EB2 gets some advantage then ultimately it will help EB3 as well.

    It is a simple logic, when the cake gets cut it rolls down to all the people in line. If there is no cake, whats the point of arguing who is ahead in line?

    Please everyone, stop complaining about who is ahead, work together. Instead of complaining do some more constructive, involve more people. lets gather necessary means to file this lawsuit.



    Thanks





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  • reedandbamboo
    09-14 11:43 AM
    Here is a comprehensive listing of the contact information for the persons/organizations of import:

    1) Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    Email: cisombudsman@dhs.gov


    2) USCIS Acting Director Jonathan Scharfen (NO MAILING ADDRESS AVAILABLE, possibly we just use the generic service centers mailing address, PLEASE SEE (4) below)


    3) USCIS Acting Deputy Director, Michael Aytes (NO MAILING ADDRESS AVAILABLE, use mailing address in (4) below)

    For (2) and (3) above:
    USCIS Ph: 1-800-375-5283
    E-mail: uscis.webmaster@dhs.gov (apparently this email is only for the USCIS website feedback)


    4) USCIS Service Centers (NSC, TSC, etc) Customer Feedback:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave, NW
    Suite 7000
    Washington, DC 20529
    email: USCIS-COMPLAINT@DHS.GOV


    5) Congresswoman Zoe Lofgren
    Chair - Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law
    http://lofgren.house.gov/emailform.shtml

    District Office
    635 North 1st Street, Suite B
    San Jose, CA 95112
    Telephone (408) 271-8700

    If you send Congresswoman Lofgren an email, you have to be a constituent of the California 16th Congressional District to receive a response. You can send her an email through a link on her website (see URL above).


    6) Speaker of the House Nancy Pelosi
    http://www.house.gov/pelosi/contact/contact.html

    District Office - 450 Golden Gate Ave. - 14th Floor - San Francisco, CA 94102 - (415) 556-4862


    7) President Bush
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20500
    Fax: 202-456-2461



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  • dtekkedil
    07-05 04:31 PM
    This is a great idea , but then DOS overturned the USCIS decision (hence the letter to Mike Chertoff and Condy of DOS from one the Congresswoman) . Shouldn't the flowers go to one of these guys ???

    All bulletins are published by DOS. Same is the case with the July bulletin. However in this case, it was information from USCIS that forced DOS to reconsider!

    Do you expect anyone to believe that when it takes one year to give 140, 000 visas... this time they managed to give 60, 000 visas in ONE month?? If something is fishy, it is at USCIS!





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  • ragz4u
    04-20 08:53 AM
    ...hope it helps.

    Great job IV team! Thanks!!!

    Could you please resend it again at shrey@immigrationvoice.org?

    Thanks



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  • paskal
    07-11 11:11 AM
    first: my use of an extreme example to explain the EB category difference seems to have caused misunderstanding and offence among some people. this was not the intention, no slight was intended to anyone. sometimes one uses an extreme situation to make a point (3 yr degree in this case). I was not trying to stereotype and if that is how it came through...here is my humble apology.

    i did reply to some of the posters by pm and had some intresting comments/discussion. its one of the nice things about this forum that people bring different insights into a problem...

    qvadis, there is fundamental difference between allotting Employment based Gc on the basis of country of birth and based on job classifications/requirements. One happens to pertain to employment, the other is simply a way to mantain ahem "purity".
    having said that, i do not favor the removal of country quotas in isolation- the redistribution of dates would make things better for long suffering people but it would not change the overall picture. therefore i support the package in its entirity (as does IV), ie recapture + STEM exemption + removal of country quotas. this would bring in substantially increased numbers and resolve the problem with ROW dates.

    now that its established that this thread will not go back to its original intent, do the OPs mind if i close it? may be best to restart the discussion in a new thread?





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  • acecupid
    08-21 04:36 PM
    This is a totally wrong message someone out there put out to make people nervous. Application support centers do no have IO's. The only IO's you will meet would be at a different USCIS facility where you take appointment and stand before the counter and ask the questions.

    There will be no reason why someone would meet a IO at the fingerprinting place which generally have technicians and security to monitor the process. You sit in a waiting room alongwith 100 other people, then once your name is called, you do the fingerprinting and get out of the door.

    There is no time to mingle with IOs nor there will be IOs(friendly or not) who would be willing to disclose any information to you.

    Some people online gloat at having pleasure to spread disinformation. this seems to be the case...

    Guys take it easy...


    I hope you are right. But seems like the guy sure rattled your cage :)



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  • seahawks
    04-12 01:05 PM
    We all understand the EB immigration system currently as is needs to be fixed. We need to recognize this problem first. What I don't understand is most of the people I talk to about issues do not recognize the problem or are willing to accept it as is. They don't seem to be motivated in supporting IV from volunteering or providing financial support. If you look at this forum, take the amount of people who are registered and the amount of people who actually bring tangible value to this organization. What is in those few that we don't have? Let us all recognize that there is a problem first and lets think about ways to mobilize and spend energy in one direction set by IV.

    Yes, we may not agree with every solution, but let us focus and believe that something will happen, if we all try together!





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  • Gravitation
    07-05 12:59 PM
    Thanks to all those who sent flowers! Won't it be nice if they got 100's of flowers and that it becomes a famous news in the media!!

    If the mainstream media catches this, it'll be great! It has the potential to go viral!

    Can we set a target of sending flowers from 500 people! and then do a media drive on it!!

    What do people say?



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  • sonia_sd
    12-04 12:26 PM
    No, we want ALL pregnant women every where to come to US to give birth so we can get to pay for there care.

    Thank god !!

    We are still called human beings, having you among us.





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  • rajuram
    03-07 02:05 AM
    I would like to contribute $25, but need to find out what information are we getting? I am mainly interested in eb3 india, year 2001



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  • ItIsNotFunny
    11-12 06:07 PM
    People have given me reds for asking the dad to go to the cops and reminding this dad his duties.
    I think these people who have given me reds only know how to produce many babies but do not know that it comes with a responsibility. Shame on you and to all those who live a life of fear and teach the same on this forum.

    Tell me something, if you have an illegal gardener/cleaning guy/moving helper/carpenter/plumber/handyman/male babysitter etc in your house and you have employed him for his servicesand he rapes your wife. Will you not go to the cops? Or will you sit tight at home and just post on the forum saying that you are an H1B and you fear that your H1 and greencard application will be revoked. If you still feel that not going to the cops is a better option, then I do not think your wife deserves a Man like you and certainly not a impotent person like you.

    I find posts on this thread very repulsive and cannot hold back these strong words.


    Your language is too rude.





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  • akr_roy
    07-21 11:30 AM
    Hey EndlessWait, thanks for your input and assurance. Thats what my lawyer said but he also mentioned it depends on the adjudicating officer and to keep my fingers crossed.


    I dont understand the element of discretion attributed to teh adjugating officer. Isnt the 180 days a LAW? Is it possible that an application is denied if its less than 180 days and the person has reentered multiple times?



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  • gcisadawg
    04-12 12:09 AM
    1. they have country limit for diversification. >> us(culprit) immigration is broken.
    2. substitution labor >> desi employers(culprit) sold it.
    3. my employer did not file for GC because layoffs couple of years back. >> general public are culprit. they caused our employer to get loss.
    4.other employers filed GC for other people. >> other employers are culprit. they filed GC to retain their employers.
    5.EB2 category : if they do not exist, I would have got spillover visas.
    6.EB1 employers : employers are filing in EB1 category for the same skill set as mine
    7.EB2 employers: employers are filing in EB2 for the same skill set as mine.
    8.Dollar : Seriously. Dollar is a culprit. Last year Dollar value is less. So many foreigners are able to afford dollar and they filed for investor visa. Without that I would have got spillover visas
    9.140 portability : many people are porting 140, PD from previous employer to new employer. They are able to retain old priority dates than me.
    Any others??
    How can I get GC with all these things.

    Folks, this is for your information. not for the argument.

    just kidding. :)
    How about stopping the disscussions which divides the community.

    I can understand the frustration of long wait for GC. The fight is for immigrant and non immigrant visas. Everyone(individuals like you and me), desi employers, desi MNCs, american companies wants to play by rules. The system is not fair. thats the reality.

    Well, I thought OP had a good point. Do you support substitute LC?

    Disclaimer: I'm not a beneficiary of a substituted labor certification.

    GCisaDawg





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  • seekerofpeace
    08-26 03:46 PM
    JSB,
    You are right.....even if EB2 PD becomes current and it takes 3 years for TSC dates to move forward to our ND dates....we are not going to have approval before then. So my earlier logic that being current on the basis of PD is meaningless unless you have ND which is current.

    You rightly said that there are thousands of applicants with ND prior to you and they will be handled prior to your case............unfortunate but that is true.....and ofcourse preadjudication is a myth as usual...

    SoP





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  • pritesh80
    05-01 11:02 AM
    I applied through a consultant for the masters quota and got a reject (I applied on the 4th of april) they have considered it as regular because the package did not contain a course completion letter (i will be graduating this may 4th, so all i could get was just unofficial transcripts.) Now the school agreed to give me a course completion letter.
    with which,
    I re-applied through a consultant through masters quota today.
    I will be applying through CmpB tomorrow through masters quota (just got the offer as of today).

    can any one tell me what is going to happen on reject/accept?

    thanks

    Hi,

    Can you tell me what all documents you submitted. I seem to be in a similar condition as you. I have a letter from my University showing the 'Expected Graduation Date', I have an official transcript which shows the courses i have taken and i have an EAD card which mentions that i my OPT starts June 1st.
    Is this enough information?





    jonty_11
    07-05 06:26 PM
    no count in faster than yes count..





    ragz4u
    04-27 02:11 PM
    I have an idea which could be patented and work on it.
    I cannot do, because iam still on H1-B with labor pending.
    Also, i have doled out too much money multiple times for GC and still hanging.
    Thanks
    sri

    If you really want to contribute, please send in your story via email. Template is available in the first post.



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