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  • nk2006
    10-17 04:01 PM
    Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).



    Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.



    Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.



    Sincerely,



    CIS Ombudsman

    Thanks for the update.

    Its positive and a direct answer to try improving USCIS practises regarding AC21. Hope more people will get inspired with this and send letters.

    Note: from the earlier experiences it was pointed out that we need to send letters in thousands to get immediate attention. please keep sending.




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  • srisra
    05-07 12:42 PM
    i called 3 senators so far,

    they r not sharing the senators stand but they are saying we understand this and we will pass on your message.

    thay did not note anything. they did not ask name & other details also.

    am i doing correct or am i missing anything?




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  • indio0617
    03-09 11:13 AM
    Senator Specter: Again calling on all Senators who are not in other commitees to turn up in this meeting




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  • saimrathi
    07-05 03:14 PM
    Very good news.. Keep it up.. I have done my share of calling/writing to the Representatives...

    I just spoke with an Immigration Representative of my Senator. She knows me as I met her last year with my employer for my other issue.

    She just informed me that we are (Not only we but whole Congress) shocked with un-precedent action of DOS/USCIS for July VB. Senator's Washington DC office is working on this issue including immediate legislative relief to Employment Based immigration. She is well aware of whole drama of July VB. I am going to call Washington DC Office as well.

    I encourage every one call to their Senator and HR and speak with Immigration Representative. I think first time media and lawmakers have acknowledged the problem of Employment Based Immigration.

    Call make much impact than the email/fax



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  • eb3july2003
    04-17 08:13 PM
    All the best AllVNeedGcPc. I completely understand how difficult it would be to wait for this last step without knowing what is happening.

    1. Here are the email addresses that I used. Got a response from the NSC email address after three days that I need to wait for 60 days and have to send a written request.

    *ncscfollowup.nsc@dhs.gov
    *ebupdate.tsc@dhs.gov

    2. Yes, my lawyer did send a explicit letter. Bottom line on that letter was "A request is hereby made to interfile the latest I-140 approval with his "A" file. Kindly make sure that the applicant's pending I-485 file reflects the new I-140 approval which has a priority date of July 8 2003 and it reflects classification under Sec. 203 (b) (2).

    3. Also I didn't mention one other thing on the original post was that I have placed multiple call to 800-375-5283 to make sure that my I-485 is processed as EB2.

    Hope this helps. Let me know if you need any further information.




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  • Macaca
    09-12 01:44 PM
    Macaca-

    If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!

    "Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
    This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
    So overall, we are talking 10+ years to get permanant residency in a majority of cases.

    I think I am saying what you are saying!

    Else what are reasonable numbers? I have added 1 year OPT.

    "Skilled immigrants have waited patiently for 2+ years"
    Are we just talking about 2 yrs to see if there is going to be some reform?

    yes.



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  • bp333
    03-04 11:11 AM
    Not sure if something is cooking at USCIS, last week an USCIS office called my attroney to get clarification on why we (my wife and I) are residing at separate addresses. We are in the process of relocation (company moved), my wife chose to continue her employment while she's searching for opportunities in the new location. The officer stated that they are trying to adjudicate the cases ASAP, hence he's inquiring to ensure there isnt any marriage fraud. My attorney responsed back will all the possible evidence to proved we are together.

    Has anyone had a similar experience.

    My PD: Aug 2004
    Cat: EB3 India.




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  • BharatPremi
    07-05 05:22 PM
    I called my congressmans office and made them aware of the issue. He is Gary Miller 42nd district of CA.

    O.K. I got your senator and your state. That is good. I have also played my part and have done that infact yesterday. Thanks. In the process I also learned that , Calling to out of state senators would not be entertained..

    As lon as we are playing parts at our state level... that's good enough



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  • NKR
    04-02 12:55 PM
    I reviewed my comment and I haven't wrote anything trashing another country and I didn't say that USCIS is bad. In fact, if you read carefully I am trying to defend USCIS from "Mirage's comments".

    I don't know what nationality you are, but, I am an Australian and I don't need to suck up to get my green card. I will get my greencard soon, probably sooner than you.

    In fact, there is a special immigration program "only for Australians" that allow me and my dependents to work and live in Australia indefinitely. That was signed in to law by the President last year, if you didn't know about that. I guess you got me wrong. Australia and America have good relationships as you know.

    I still would stress to thank America for giving me the opportunity to work and live and experience America.

    Please read my comments properly next time and be a little fair on your comments.

    No wonder you do not like people complaining about things not moving fast enough. Dude, you got to eat something to know how it tastes.

    If you are getting a GC sooner just because you are an Australian, you have no moral authority to preach people who are affected. This thread is not for you, you are welcome to visit other threads though.




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  • Junky
    09-12 08:23 AM
    Same loser MF AssHole give me a red with the remark. "gimme red!" for my following post
    :D:D:D:D:D



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  • pcs
    07-05 10:45 AM
    Why Dont You Do It ??????????




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  • fairboy
    07-24 07:56 PM
    Any advice? Anything at all?

    But it did not help much. Basically, when you call PBEC if you come across the switch board operator, who usually sits in the forenoon sessions, you will not have any luck at all. She would ask you to send any queries/questions thru your attorney. I called both DOL and PBEC numbers several times. DOL people, while souding helpful, always said that they are helpless. As for PBEC, most times, I ran into this operator who gruffly told me to talk to my lawyer. I did talk to someone other than the switch board operator on a few occassions and they did give me some useful information. I then used that information to pester my attorney to take some action. I found it is generally best to call on Wednesdays/Thursdays during afternoon sessions. This is just my personal observation. In your case, there is nothing wrong in trying, is there? It is better to try and fail than not trying at all...

    My LC application with a PD of Dec 2002 has been rotting at PBEC and finally ad for my case started appearing on AJE web site last week. My attorney has not received any thing at all. Mind you, in my case the recruitment efforts were completed long before it was forwarded to PBEC. It is precisely for this reason my application was 'unfit' for conversion to RIR. They now insist upon doing recruitment all over again. Neither my employer nor my attorney is ever involved in thid PBEC recruitment. The horror never ends...

    Go ahead and call. You might get lucky and actually talk to the analyst. When you start your conversation do not start off with request for information. Say that you found a problem with your case in screenshot or something like that. Any thing that makes your conversation separate from the rest. Goodluck.

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  • ind_game
    05-19 04:54 PM
    FINAL UPDATE

    HURRAHHHHHHHHHHHHHHHHHHHHYYYYYYYYYYYYYY


    My I-485 case got reopened after being in denial status for three months............ My attorney got a letter from USCIS.

    ::::::::::::::::::To recap::::::::::::::

    I went to the Congressional office on 05/14/2009 morning.
    Congressional office made a call to Nebraska Service Center regarding the case on the same day afternoon (05/14/2009 afternoon)
    USCIS sent letter to my attorney on Friday (05/15/2009).
    My attorney received it this morning (05/19/2009).

    Looks like magic........Whoever has been working on my case from the past three months made a huge reversal decision in just a few hours on 05/14/2009 afternoon with atmost attention........I like this sudden surge in commitment and care on my case.......

    Here is the wording:

    Quote""""""""""""""""""""""""

    Reference is made to the Notice of Appeal or Motion (Form I-290B) filed on April 23, 2009. You are seeking reopen the decision rendered by USCIS on February 17, 2009, denying application filed by you.

    The motion as submitted has been reviewed. It meets the requirements of Title 8, COde of Federal Regulations, $103.5 concerning the proper filing of a motion. Accordingly, the request to reopen the previous decision will be and is hereby granted.

    The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as they are a matter of record.

    After a complete review of the record of proceedings, including your motion, the grounds for denial have been overcome.

    The application will be reopened and the processing continued. Once the processing is completed, you will receive a notice under separate cover.

    Sincerely

    """""""""""""""""""""""""""""""""""""Unquote




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  • andy garcia
    10-01 11:28 AM
    Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.

    This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.

    Can the IV community do some thing to improve the whole situation?

    Thanks h1techSlave;

    I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
    just because I said so.

    Remember that this system was designed back when there was one single queue.


    You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
    After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
    After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.


    Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued



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  • chanduv23
    05-18 03:59 PM
    Hi ind_game, attorney and all readers,

    After reading ind_game last quote "God save AC21.....". I have following questions:

    1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
    2. Is it true that AC-21 info don't get updated in the USCIS records?
    3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
    4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.

    Please reply.

    thanks,
    waitingmygc

    Almost everyone who use AC21 and had their ex employer informing USCIS about the job change has gone through this.

    There is no case of AC21 being denied. It is the law, no need to be scared if you did everything right.




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  • ujjwal_p
    09-10 06:55 PM
    This will depend on two factors

    Demand from EB1 and EB2-ROW
    USCIS allocation strategy (Quarterly spillover or year end spillover)

    From historic data I have seen some 15-25k visa spillover to EB2/EB3 India-China, this number varies based on demand of various EB categories each year.

    With H-1B cap coming down in 2004 to 65000, demand should go down by a decent margin post 2004, since its the H-1B's which will lead up to the EB queue.

    By the way Sachug/vdlrao, do we know if this will be yearly or quarterly spillover. If it is year end, what does this mean? September or July(beginning of last quarter)? And I am sure there is documentation about this new horizontal spillover method from USCIS, but I can't seem to find it. Could someone point me to that. Thanks!



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  • calgirl
    09-10 08:26 PM
    Is there any way of knowing how many visas (for GC) are left for this year?
    When will we know how many GC's were issued (Employment based) this year?




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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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  • xyzgc
    02-09 09:49 PM
    My stand is based on the premise that a man is financially responsible for his wife and his kids and not to wife's parents! The point I was making is about a completely non working spouse. It is not about a wife that leaves workforce for medical reason temporarily.
    Let us not confuse the responsibility towards a man's wife and kids with that of in-laws!
    Using the same token, a man shouldn't expect/demand any property/cash from in-laws!
    I'm perfectly OK with humanitarian and need based help. What crosses the line, according to me, is that 'taking for granted' attitude!

    If the brother in OP's story is taking care of his parents, then this situation wouldn't have occurred. Look at it other way. If the man's parents are in need of money, it is better to ask the man instead of their son-in-law!

    A man taking a stand and be done with it has a better chance of saving a marriage than a man caving to the demand and building resentment. Hey, if a man is willing to please his in-laws in all possible ways, then who are we to stop him! Let him enjoy!!

    I think, gcisadawg, the problem is the structure of the indian society. This is true with westerners too but as much true.

    An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
    On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
    And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
    You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.

    This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.




    pitha
    07-20 05:34 PM
    are u kidding? raise country cap to 10%!!!!!!!!!

    only solution is get rid of the country cap. Before anybody from ROW goes into a lecture about "diversity" blah blah blah please think with a rational mind. Getting rid of country quota is the only solution. things like increasing it to 10% etc will only reduce the backlog time for Indian applicants from 25 years to maybe 18 years.


    My take is that Sen. Cornyn's bill is too ambitious and tries to solve ALL the problems. It is never going to fly, especially in this political environment.

    We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.

    In my opinion, this is the absolute minimum:

    1) Clear DOL backlogs in BECs
    2) Recapture lost visa numbers
    3) Dont count dependants
    4) Raise per-country cap to 10%

    If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.




    jelo
    08-12 01:34 PM
    Political leaders are same in every country and this is to appease the very vocal anti H1b citizens. They could have done 100 different things, which would really help the citizens. When we tried to hire a Hyperion report developer on a short term project, 45 of the 50 resumes were from Indians. Other 5 resumes we chose to interview were ridiculously unrelated. This scenario will leave the company to outsource the complete project, which also eliminates other 5, 6 surrounding non specific tech/non tech jobs. He misleads the congress saying purpose of H1b is to invent the products which is really to keep the sufficient pool of specialty skilled people for the businesses. This bill is certainly short cited.



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