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I tried calling KCC but of no use.:mad:

They said they are not authorized to give any information. I do not know if going to my local INS office will be of any help. Any of you guys got any other info?

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congrats
Posted the first message in a different place.. Got the approval notice "Welcome to United States of America" in mail yesterday morning as well..


--------------------------------------------------------
Got email approvals on our I485 with PD of Mar10 2006 on EB-2..

For myself:
On August 5, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
Your Case Status: Card/ Document Production

On August 6, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.



For my spouse:

On August 5, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.


Country of Chargeability
India
Service Center
Nebraska
Labor Type
Perm
Perm Center
Atlanta
Labor Approval Date
03/10/2006
I140-I485 Concurrent Filing
Yes
I140 Mailed Date
05/10/2006
I140 Filing Type
Regular
I140 Approval Date
10/17/2006
July 2007 Filer
Yes
I485 Mailed Date
07/30/2007
I485 USCIS Rcvd Date
08/06/2007
I485 Rcpt Notice Date
09/10/2007
Finger Print Notice Date
09/18/2007

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This is a brilliant thought and lets put it to action now.We all can ask for putting us all Legals on Path to Citizenship. I would definitely put in effort , this may lead to some other solution.


We all can send mails or printed letters to our local Senator , Congressman , US President and Hilliary Clinton from

http://www.congress.org/

We can make them aware through this and then we can try to meet our Senators/Congress Representatives and explain. Over the years We have gathered enough numbers,information and knowledge about our problems , backlogs and Immigration System that we can talk about.

I'm from NJ and would be calling them today. Will post the call details.

Its time now to act, really it is.
VERY GOOD START. Thanks. Atlast, I am getting lot of positive comments and thoughts about the Citizenship. Let every one start working on this. Please post your response from your Senetor on your call.

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If the rumor turns out to be true in two days, I strongly believe it's a conspiracy.

When the CIR was revived, there was a strong feeling that the senate will pass based on the negotiations. Since CIR is horrible for those who are currently in line(including us), somebody/some group panicked and triggered the bulletin.

Now that CIR is officially dead and buried, status-quo is OK, so thought that somebody/some group.

Oh well....
I only pity the H4s out there.

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Guys Please send this out. It'll take 20 minutes and less than $2 of postage stamps...If we can get Rep Zoe Lofgren's attention towards our issue, the whole thing may change...

------------------------------------------------------------------------
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520

From,

Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####

Dear Sir/Madam,


Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories


I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.



We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.


God Bless America!

Thank you for you attention,


(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org

Copy Sent to

Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520


Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529

Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225

Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856

Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072

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I am thinking a Flower Campign to Sen Lofgren??..what do you guys think..

""Forget Me not ..I am EB-3 India (Highly skilled) waiting a decade for my Green Card"..Please pass the Visa recapture bill! ""


As per your profile
Labor Approval Date: 04/21/2003 I140 Mailed Date: 05/05/2007

May I ask you the reason for 4 year gap for I-140 filing? Are you using Labor Substitution?

One more -
Since you are waiting for decade, I assume your PD is 1998 or 1999. Is that correct?

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Getting affidavits that you do not have a birth certificate is the easiest way then using the current one.

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You are wrong. Even with valid H visa you need TV for UK. My wife had valid H4 visa in passport during her last visit to India and she had to return home from the airport and pay extra $ 250 and travel next day via Paris.
According to check in agent per UK rules even if you have a valid visa but have not travelled intyernationally within last 12 months you need TV.

So its not just for ppl who have AP or expired visa, thoise who have valid H visas but havent travelled out in last 12 months also need it.

For those in South ( Texas, Oklahoma, New Mexico, Louisiana) best way to go to India is new Emirates direct flight between Houston and Dubai and then onward to India.
I have had 3-4 friends fly this route since they started flying in November 2007 and they have nothing but praise for everything. These guys have excellent food and entertainment and no transit visa hassels plus duty free sopping in Dubai is good.

I think in your case the check in agent screwed up, You should sue the airlines for the hassels.
I know many people who have travelled via UK , while having stamped h1/h4,b1/b2. 12 months limit is crap :-)

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USCIS has decided that the flowers sent by skilled, legal immigrants to director Dr. Emilio Gonzalez will be forwarded to injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

We welcome the fact that Dr. Gonzalez acknowledged the symbolic gesture of our protest. We are even more happy that these flowers will brighten the day of our injured service brethren. It is their contribution to the American freedom that has made this country such a desirable destination for highly skilled professionals from all over the world.

We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".

---------------------------------



Amen.

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I am curious to know what USCIS actually does when they adjudicate adjustment of status cases. I know a security/name check is done when they have your fingerprints but what else? Do they use your social security number to look at your credit history or do they contact the IRS for transcripts of your tax returns etc, how do they verify information on your employer etc etc? Does anyone know what procedures/actions USCIS takes when adjudicating cases? Thanks...:confused:

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Guys,
Any idea when the new proposals will be implemented if they become law :confused: Do we have to wait until Oct for these new proposals to take effect.
--MC

Good question. The bill is expected to be on the floor of the Senate and House for debate in Feb-06. Learning from S1932, it is my guess that the soonest bill could be law is 2-3 months. So we may be looking at something like April/May-06. But nothing is for sure at this time. It is possible that the debate may be dragged on till third quarter of 2006. We should start the activity to communicate with the law makers right now and continue to convey the right message if we want anything good to come out of the new bill.

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The point was about abusing the system to get ahead in the line. In that way labor sub shares similarity with PD porting. If a person who landed yesterday fits the job profile and the law allowed it , then what's wrong.

On the other hand if those labor are sold for a price then it is serious problem. And thats why Lab Sub was eleminated. Now thats what is going to happen (and happening) in PD porting case.

any action should be against the so called "paid PD porting" cases. But why harm a honest EB3 person switching companies to go up the ladder? If he is getting the benefit of the rule, what is wrong? As long he it is done by the law, I do not see any problem.

Tomorrow, if you get a position that justifies EB1 category for you, would you not move to that category? Nothing wrong in that either.

I endorse Pappu's comments. Wrong doers can be punished. But people benefiting by a certain rule should not be.

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Thats exactly what it is... Now folks take a look here. These were the dates before July 2007.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
It will be resonable to assume that these will be the dates in OCT bulletien for Eb3-I.
Finally, 5882 is our only hope for now.

With the earlier method or the current method, EB3-I will always end up last. Vertically EB3-ROW gets the excess visas (old method), horizontally EB2-I gets the excess visas (new method). So, either way EB3-I won't benefit, the only solace being that with the current system atleast our EB2-I friends are getting their freedom faster.

For us, visa recapture or other legislative changes are the only relief.

BTW, my PD is June 2003, EB3-I

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Do you have a wow account that

http://congress.org/aila2/issues/bills/?bill=11328731

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Hi all,

I have taken 2 printouts and have signed them and put in 2 envelopes as advised. I will be mailing them this evening. I am going to cast my vote in the tracker thread once I have put both the letters in mail.

Thanks
thescadaman

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Pappu, special thanks for researching this topic, and posting updates regularly.

Last week I too consulted a high profile (about $200 per 15 minutes... you should be able to guess, I am not sure I am alowed to mention the name) lawyer to discuss this issue. To give you a brief background, my lawyer did not include the Employment Verification letter
1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.

Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got last week.

Thanks!

just a question on #2 above - if you are filing second AOS with EVL, why not just withdraw the first AOS once you get the receipt? Wouldn't this be safer?

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I don't think so EB2 will make any difference.Its the matter of when they lay their hands on your packet and open it.
Also I have a friend 2nd July Filer filed from NSC and got transferred to TSC , he received his receipts last week and good thing was after two days he had EAD cards sitting in his mailbox too.
The TSC maybe slow in opening the packages but they are fast in sending FPs and EADs.
So hang in there and hopefully you get everything soon.

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All of you guys are smart ,highly skilled immigrants.

Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..

Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.

same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.

Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.

CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.

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8 USC 1324b
(a)(1) General rule
It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in section 1324a (h)(3) of this title) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment�
(A) because of such individual�s national origin, or
(B) in the case of a protected individual (as defined in paragraph (3)), because of such individual�s citizenship status.

(3) �Protected individual� defined
As used in paragraph (1), the term �protected individual� means an individual who�
(A) is a citizen or national of the United States, or
(B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1) of this title, is admitted as a refugee under section 1157 of this title, or is granted asylum under section 1158 of this title;

(4) Additional exception providing right to prefer equally qualified citizens
Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.

So EAD folks are excluded from "protected individuals" and employer has a right to prefer US citizens according to this.

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knacath, I am hoping that EB2 will be current this year and EB3 begins to get spillover though very little this year.

Some more specifics

Annual Quota ------------------------------------------------------------------------> 140,000
Pending EB1, EB4, EB5----------------------------------------------------------------> 7,653
Estimate of all categories current applied this year and approved this year -----> 10,000
Remaining visas -----------------------------------------------------------------------> 122,347
All pending EB2s (includes retrogressed) -------------------------------------------> 74932
Remaining visas available to EB3(includes retrogressed) --------------------------> 47415

The only flaw in above is ignoring CP and assuming all 140K Quota to AOS. The majority of EB1, EB2 and EB3 are AOS. So I am safely ignoring CP. Even if CP is 15% of annual quota as some one put it, EB3 gets its allocated 40K quota and around 65K pending EB2s get out of queue.

I agree that it should be current. But knowing CIS ability to process, Shouldn't we ask DoS to move date of EB2 and make them current. So that the CIS will not waste them. They wasted earlier, So they can do it again.

It takes an year if not 2 for them to clear the new I485s. I don't anticipate many. But there will be some..

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trying to understand your problem?

the goal (and you may have to chew on this a while) of this campaign is not to bend rules. it is to create media attention for our problems.
this may be a catalyst to anything- 485 filing, bridging amendments...who knows?

the point is we have to keep trying. sounds like you want to slink away into your "reality". well, since we are all living in fantasy, friend, please let us enjoy it. thanks for your encouragement btw.

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