McLuvin
12-10 04:16 PM
Nothing new at all in this bulletin....
we have company !!!! - They are Projecting and we use to Predict :)
We need not start threads like... Predict Jan 2010 Bulletin and win 50$... these guys are doing the prediction/projection for us...
I thought we were the only bunch of loosers... :D
BR
we have company !!!! - They are Projecting and we use to Predict :)
We need not start threads like... Predict Jan 2010 Bulletin and win 50$... these guys are doing the prediction/projection for us...
I thought we were the only bunch of loosers... :D
BR
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villamonte6100
04-01 02:49 PM
C�mon boy I�m not asking to make Steve miller their VP operation and use that million dollar in grants to fund that project. What I�m asking is �can you tell us how many applications you received of which chargeability and in which EB categories� and assurance that they will issue EADs and APs in less than 90 days. To ask this you don�t need citizen rights you are asking a public agency a service which they are supposed to provide and they are charging us to do that�
There is a simple answer your question.
Why don't you write a letter to USCIS and outline every question you want answered.
And Please let us know what they say.
There is a simple answer your question.
Why don't you write a letter to USCIS and outline every question you want answered.
And Please let us know what they say.
lonedesi
08-11 12:56 PM
Hi All
I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?
Congrats. You are one of those lucky ones. Be thankful to USCIS that you got your I-140 approved so fast.
I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?
Congrats. You are one of those lucky ones. Be thankful to USCIS that you got your I-140 approved so fast.
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GayatriS
01-05 08:50 PM
He is saying what is the truth. Do you believe that Indian universities are as good as American? If so, why do we come here?
Listen to what he says about how India is racing ahead despite all the problems with education. I was disgusted with the quotas and poor education in India.
Learn to deal with the truth whether you are Indian or American!!
ya just because u need green card, you agree with professor sahib. once u get ur green card u will also talk bad about india and indian workers.. i think gone r days when it was a cheap labor.. do u think our education systems/colleges IIT's/REC's are crap.
just because he favored GC applicant you should not agree..he straightway projected india as third world nation in eductaion, resource quality etc ..
Listen to what he says about how India is racing ahead despite all the problems with education. I was disgusted with the quotas and poor education in India.
Learn to deal with the truth whether you are Indian or American!!
ya just because u need green card, you agree with professor sahib. once u get ur green card u will also talk bad about india and indian workers.. i think gone r days when it was a cheap labor.. do u think our education systems/colleges IIT's/REC's are crap.
just because he favored GC applicant you should not agree..he straightway projected india as third world nation in eductaion, resource quality etc ..
more...
billu
09-04 08:33 AM
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
great analysis of the GC queue. Those who missed the july 2007 boat (despite working here)or those who started GC 2-3 years after starting a job have themselves to blame. I am one of them. Also, I have several friends who are working on h1b with ridiculous contracts with no sign of GC being filed. They are blissfully ignorant of the GC mess despite my warnings. Each year thousands of students still come from India on F1 and most of them later file h1b and GC. I wish they were made aware of this mess. Most of us have the famous "chalta hai" attitude of india that smirks of no farsightedness or pre-planning due to which we are in this mess, especially folks on EB3.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
great analysis of the GC queue. Those who missed the july 2007 boat (despite working here)or those who started GC 2-3 years after starting a job have themselves to blame. I am one of them. Also, I have several friends who are working on h1b with ridiculous contracts with no sign of GC being filed. They are blissfully ignorant of the GC mess despite my warnings. Each year thousands of students still come from India on F1 and most of them later file h1b and GC. I wish they were made aware of this mess. Most of us have the famous "chalta hai" attitude of india that smirks of no farsightedness or pre-planning due to which we are in this mess, especially folks on EB3.
lazycis
05-14 12:46 PM
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
more...
trd
07-20 10:04 AM
BTW how did Obama vote?????
He did not voted
He did not voted
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diptam
09-01 04:35 PM
hey,
It seems like you are inspiring lot of peoples to upgrade to EB2 which is good. Actually saying this and really doing a successful upgrade takes time and depends on lot of things like economic situation.
After my Eb3 I-140 finally got Approved in Jan 2009 , I started searching for employers who would do the Eb3 to Eb2 upgrade .. But there was no job , not even contracts - so who will file a EB2 PERM labor for you in that situation ? Plus if someone files a EB2 Labor just like that - they could be audited. The Job needs to be EB2 level and you need to have Eb2 qualifications which lot of Eb3 has - But both conditions has to meet for a "successful upgrade".
What do you say ? Do you know any other shortcut than what i mentioned - then please enlighten us :)
Regards,
Diptam
It will take another 9-10 years to get your GC if the system remains the same.
Please upgrade to EB2
It seems like you are inspiring lot of peoples to upgrade to EB2 which is good. Actually saying this and really doing a successful upgrade takes time and depends on lot of things like economic situation.
After my Eb3 I-140 finally got Approved in Jan 2009 , I started searching for employers who would do the Eb3 to Eb2 upgrade .. But there was no job , not even contracts - so who will file a EB2 PERM labor for you in that situation ? Plus if someone files a EB2 Labor just like that - they could be audited. The Job needs to be EB2 level and you need to have Eb2 qualifications which lot of Eb3 has - But both conditions has to meet for a "successful upgrade".
What do you say ? Do you know any other shortcut than what i mentioned - then please enlighten us :)
Regards,
Diptam
It will take another 9-10 years to get your GC if the system remains the same.
Please upgrade to EB2
more...
java_jaggu
06-02 08:33 PM
Canadian_Dream, I think your interpretation is wrong..
------------------------------------------------------------------------
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
-------------------------------------------------------------------------
I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
------------------------------------------------------------------------
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
-------------------------------------------------------------------------
I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)
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black_logs
01-11 11:39 AM
1 point we should make to the lawmakers is to make an administraive change to give 3 years extensions and abolish 1 year extensions. As 1 year extensions are not suffecient a very solid case can be presented for that case.
1) Driver license, lit of state doesn't give DLs if you have less than 1 year left on Visa
2) H1B Extension is taking 4-6 months
3) No Visa stamping in U.S.
The problem are just too many we need a proper channel to raise our voice to them
1) Driver license, lit of state doesn't give DLs if you have less than 1 year left on Visa
2) H1B Extension is taking 4-6 months
3) No Visa stamping in U.S.
The problem are just too many we need a proper channel to raise our voice to them
more...
rdehar
07-20 04:10 PM
From what it looks like, I just want to say:
"Welcome to Backlog Part II."
"Welcome to Backlog Part II."
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black_logs
03-09 11:29 AM
So they'll probably take out schedule A workers(Nurses etc.) from EB3 category
more...
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rashbhat
08-12 10:05 AM
Just thought let me update my case here.
I filed my 485 on July 2nd @ NSC and my checks got cleared yesterday (8/11/07). So as per murthy's coment I tried looking @ back of the checks to get my LIN #'s and I was able to trace it in the USCIS web site and it shows "Application received and the Receipt notice mailed".
So I feel like they are aggressively working on the applications which are filed on July 2nd and hopefully everyone will get their Receipt notice by end of this week.
Hope this will help many people and give a good hopes.
Thanks
I filed my 485 on July 2nd @ NSC and my checks got cleared yesterday (8/11/07). So as per murthy's coment I tried looking @ back of the checks to get my LIN #'s and I was able to trace it in the USCIS web site and it shows "Application received and the Receipt notice mailed".
So I feel like they are aggressively working on the applications which are filed on July 2nd and hopefully everyone will get their Receipt notice by end of this week.
Hope this will help many people and give a good hopes.
Thanks
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rvr_jcop
03-04 11:42 AM
Is your case at NSC? I have definitely noticed a pattern of pre-adjudcation activity from NSC for cases filed in July-August 2007.
I noticed that too, especially if the PD is 2003 or 2004, both EB2 and EB3.
I noticed that too, especially if the PD is 2003 or 2004, both EB2 and EB3.
more...
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gapala
03-04 10:01 AM
First of all EAD is not a status. You need to provide them details on whether you are on H1B or AOS / Parolee (if used AP to travel or EAD to work).
Hope this helps.
Hope this helps.
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farhad
08-19 09:04 AM
I am out of state visa screened nurse after having a hard time passing the cgfns and other reqirment my sponser has filed me I-140 on 31th april 2007, I dont know why but they didnt give me the center name in which they file the petition, or recipt no., my questions are:
how long will it take to recieve the GC?
do you think the condition will improve for RNs in the future?
how can I find my case number without asking my sponser?
how long will it take to recieve the GC?
do you think the condition will improve for RNs in the future?
how can I find my case number without asking my sponser?
more...
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villamonte6100
03-31 01:43 PM
"This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school..."
Very big statement.
There are problem with the USCIS that is affecting everyone in this forum but saying they are incompetent and don't have clue of management is a very big statement.
In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...
Very big statement.
There are problem with the USCIS that is affecting everyone in this forum but saying they are incompetent and don't have clue of management is a very big statement.
In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...
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diptam
10-08 02:58 PM
mayitbesoon,
Please send the email (something is better than nothing) but you will receive a return email like this after 20-30 days but the message reaches across them by email at least.
I took about 3 weeks for me to convince , going up the ladder in HR Department and finally i got that page signed after 4 weeks - Call , Call again , Follow up, follow up , push , push harder ... you have every right to get that letter and employer will face no trouble issuing it. be Polite , be rough , be mild and startover again on phone to get it
Mr. XXXXXXXXXXXXXXX:
Thank you for your inquiry.
We have submitted your immigration issue into our trends system, which allows us to view systemic problems within USCIS.
Meanwhile, if you are still encountering a problem with your individual case, you may find it helpful to submit a formal case problem request to our office through filing a DHS-7001.
If you choose to submit a case problem request, please submit your case using Form DHS-7001 , CIS Ombudsman Case Problem Submission. This form is attached to this message , and also available on this website: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. If you submit a case problem on behalf of another individual with a pending USCIS immigration benefit , please obtain the individual’s signature in Section 15: Consent on Form DHS-7001 , CIS Ombudsman Case Problem Submission.
Case problems cannot be submitted through facsimile or email at this time due to confidentiality and Privacy Act issues. Please mail your completed and signed form , with supporting documentation , to the following address:
Via Regular Mail:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Via Courier Service:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
245 Murray Lane
Mail Stop 1225
Washington, D.C. 20528-1225
Please allow 14 business days for receipt of your form. You will receive confirmation through postal mail of receipt and review of your case problem from CISOMB and USCIS CAO within 45 business days. Please remember that CISOMB cannot provide immigration advice or adjudication. For further information , please consult this website: http://www.dhs.gov/cisombudsman.
Thank you for again for your inquiry.
Sincerely,
CIS Ombudsman
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
Please send the email (something is better than nothing) but you will receive a return email like this after 20-30 days but the message reaches across them by email at least.
I took about 3 weeks for me to convince , going up the ladder in HR Department and finally i got that page signed after 4 weeks - Call , Call again , Follow up, follow up , push , push harder ... you have every right to get that letter and employer will face no trouble issuing it. be Polite , be rough , be mild and startover again on phone to get it
Mr. XXXXXXXXXXXXXXX:
Thank you for your inquiry.
We have submitted your immigration issue into our trends system, which allows us to view systemic problems within USCIS.
Meanwhile, if you are still encountering a problem with your individual case, you may find it helpful to submit a formal case problem request to our office through filing a DHS-7001.
If you choose to submit a case problem request, please submit your case using Form DHS-7001 , CIS Ombudsman Case Problem Submission. This form is attached to this message , and also available on this website: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. If you submit a case problem on behalf of another individual with a pending USCIS immigration benefit , please obtain the individual’s signature in Section 15: Consent on Form DHS-7001 , CIS Ombudsman Case Problem Submission.
Case problems cannot be submitted through facsimile or email at this time due to confidentiality and Privacy Act issues. Please mail your completed and signed form , with supporting documentation , to the following address:
Via Regular Mail:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Via Courier Service:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
245 Murray Lane
Mail Stop 1225
Washington, D.C. 20528-1225
Please allow 14 business days for receipt of your form. You will receive confirmation through postal mail of receipt and review of your case problem from CISOMB and USCIS CAO within 45 business days. Please remember that CISOMB cannot provide immigration advice or adjudication. For further information , please consult this website: http://www.dhs.gov/cisombudsman.
Thank you for again for your inquiry.
Sincerely,
CIS Ombudsman
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
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chanduv23
09-17 10:42 AM
I just registered for IV. I wish I could come to DC rally on 18th. But due to certain unavoidable circumstances I may not be able too. Though not an excuse But I feel very guilty about it and this guilt will always remain there that I was not part of rally on 18th. I am contributing a small amount of $ 100 by google order # 309818904607579
Thanks for your contribution and support, please urge other friends to make it to DC
Thanks for your contribution and support, please urge other friends to make it to DC
485Mbe4001
08-18 12:23 PM
you can modify the letter posted by mirage to include your details. i had updated it to the following.
I understand that the visa allotment process is constrained by the laws passed by the Congress, USCIS should also understand that applicants from retrogressed countries that have spent significant years of their careers waiting without any indication or guidelines as to when their dates will be current. I am sure everyone will understand the futility of waiting in a line where your position keeps increasing or decreasing every month with no end in sight.
It will help us make concrete long term decisions if you could provide the following information for the retrogressed countries.
-- number of pending EB1, EB 3 and EB 2 AOS cases per year for retrogressed countries from 1999-2008.
-- number of unallocated EB visas from 1996-2007
I also wanted to send the letter, but saw a ton of comments on the original letter. It would be a good idea, if some one goes thru the comments and update the letter in the original post. I think we should all send a decent letter.
I understand that the visa allotment process is constrained by the laws passed by the Congress, USCIS should also understand that applicants from retrogressed countries that have spent significant years of their careers waiting without any indication or guidelines as to when their dates will be current. I am sure everyone will understand the futility of waiting in a line where your position keeps increasing or decreasing every month with no end in sight.
It will help us make concrete long term decisions if you could provide the following information for the retrogressed countries.
-- number of pending EB1, EB 3 and EB 2 AOS cases per year for retrogressed countries from 1999-2008.
-- number of unallocated EB visas from 1996-2007
I also wanted to send the letter, but saw a ton of comments on the original letter. It would be a good idea, if some one goes thru the comments and update the letter in the original post. I think we should all send a decent letter.
yabadaba
08-08 01:56 PM
pankaj:
good stuff!!
good stuff!!
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