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  • ashokK
    10-01 10:58 AM
    I had called up USCIS and they have transferred the call to second level IO, as my application is 90 days old. They donot find the information yet. (My employer says, they clubbed the applications in one fedex box and sent it. Got the list of FedEx tracking number, one tracking number has 4 pounds, so guessing he would have put my application in it. ) The IO says, I have to take the fedex tracking number printout as proof and send them by postal mail, so that they can track back with their computer systems. Do not know when I will receive RNs. May be I have to maintain another tracking number for this inquiry mail also.

    Please post your experiances about calling to USCIS today.





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  • chanduv23
    07-11 07:28 AM
    http://samachar.com/showurl.php?rurl=http://sify.com/finance/fullstory.php?id=14490148

    Green card seekers take to 'Gandhigiri' in US

    Wednesday, 11 July , 2007, 11:13

    Washington: In an eloquent display of Gandhigiri, unhappy Indian green card seekers sent hundreds of flowers to the US immigration agency to protest a last minute reversal in policy that would impede their way to permanent residency.

    Inspired by the hit Hindi movie Lage Raho Munnabhai that extolled Gandhian ways of non-violent protest, the green card applicants plan to send around a thousand flower deliveries to US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez in a three-day campaign that started on Tuesday.

    The protest followed the abrupt reversal last week of a June announcement offering expedited processing of green card petitions for thousands of skilled foreign professionals working under H1-B visas - reserved for skilled workers in computing, engineering and other special professions.

    Thousands of such visa holders scrambled and spent money on lawyers and medical exams to beat the July 1 deadline for green card applications. The abrupt change sent them back to the queue for 2008.



    Besides India, skilled workers from China, Poland and many other countries will now have to spend more time and money to get the coveted green cards - a halfway house to US citizenship.

    "The idea is to push them to honour their earlier notification," said Aman Kapoor, founder of Immigration Voice, a forum that inspired the unusual protest.

    Indians are the worst hit by country quota caps for immigration visas, which treat a billion strong India, boasting a highly skilled workforce, on par with a country like Trinidad and Tobago of one million souls, he said.

    On its part, the USCIS response was equally pacific. It plans to forward the flowers to Walter Reed Army Medical Centre and Bethesda Naval Hospital in Washington, the main facilities treating US soldiers wounded in Iraq and Afghanistan, said Gonzales in a statement on the agency website.





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  • logiclife
    12-31 04:01 PM
    Ok,

    I was looking at the bill by Arlen Specter.

    Title III Section 312 on page 7 and Title 5 Section 501 on page 8 are definately something to keep an eye out for and channel our efforts in every which way to make sure that stay in the bill and are not thrown out by any committee, subcommitee etc. in House or Senate.

    Any thoughts anyone?





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  • abc1125
    01-12 09:59 PM
    Sent letters to WH and IV califoria address.



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  • kshitijnt
    05-09 10:29 PM
    Let us talk about the "skills" introduced by H1/L1/offshore companies

    a) One guy takes the phone interview for 15 other guys with "skills" they preted to have
    b) Lying on the resume with "skills" that you don't have, so that you can learn the "skill" at the expense of the client
    c) "Skill" in Violating B1 visa laws and sending people on B1 to do actual work to client
    d) "Skill" in violating L1 law which is used to drive down the wages by 20-30%
    e) "Skill" demonstrated by indian offshorers to enter into a contract with a large corporation where they will provide warm bodies in exchange for a very low billing rate. Client wouldn't have any ability to interview the incoming cosultant, which means the offshorer employee is learning at the expense of the foolish client. Then that will be touted as "savings".
    f) "Skill" of fly-by-night operators to shave off 70% of the billing rate through a 6-level pyramid of contracting companies

    Should I add to this list of "skills" further?

    Hey Hunter, were you born in this world with C++ knowledge baby? I have said to some of my managers and also clients that I was interested in the job because I wanted to ramp up skills in that area and they were more than willing to give me that job.

    And let me guess, you are someone who hates Indians, isnt it, so why dont you spend some time upgrading your skills , will help you in your own personal skills and career? Rather than waste time on this board.





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  • logiclife
    07-09 06:45 PM
    Call the place where you've ordered flowers and ask for a refund if flowers are delivered elsewhere. It should be up to USCIS to recieve and then ship those flowers to the hospitals.

    DONT DO THAT.

    Let the flowers go to USCIS and let them do whatever they want with the flowers. Kindly dont jinx this campaign by cancelling your orders and asking for refunds.



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  • admin
    02-20 02:41 PM
    Can someone explain why it seems harder to find backers in the house than in the senate for immigration reform (even the employment based legal immigration)? If we understand this, maybe it will help us focus our lobbying efforts better. Just a thought.

    arihant,

    The constituency of a Senator is the entire state while that of a House Rep is usually much, much smaller. So the Senator needs to make sure that all his actions are more 'Inclusive' and do not offend a lot of people.

    But since the House Rep has much fewer and probably much more homogeneous set of people, the needs of his/her constituents are not that diverse and hence they can afford to take a hardline stance in many cases.





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  • prinive
    07-09 08:47 PM
    Did some one ask how come Mr.Emilio Gonzalez comes to know about this? here he comes. He broke the silent. Ok guys i guess now you got it.

    Thanks Mr.Emilio Gonzalez to acknowledge this effort in USCIS website. We really appreciate that.




    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006



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  • aadimanav
    01-03 12:56 AM
    Part 2 continued....


    USCIS delays have become so excessive in this arena that many foreign nationals have sought relief in federal court. The Administrative Procedure Act of 1946 (APA), which governs federal agency actions and decisions, requires that an agency resolve a matter presented to it within a "reasonable" time frame. See 8 U.S.C. 555(b). Using the APA, foreign nationals have argued that waiting for two or more years for a decision on an immigration application is "unreasonable" under the statute. The cases are divided, but a majority of courts have agreed that making a foreign national wait years and years just for a decision on his or her application is unreasonable. As a result, many judges have ordered the FBI and USCIS to complete pending name check cases within 60 or 90 days where a foreign national has been waiting for two or more years. Some judges have noted that security concerns are not to be taken lightly, but this only reinforces the fact that such issues should be resolved in a matter of weeks as opposed to years.

    The success or failure of litigation in this arena ultimately turns on the court's reading of a jurisdiction-stripping provision embedded in the Immigration and Nationality Act (INA), as amended by the Real ID Act of 2005. The INA precludes judicial review of any "decision or action" of the USCIS that is "specified [under INA] to be in the discretion" of the USCIS. See 8 U.S.C. 1252(a)(2)(B)(ii). In defending challenges to delayed applications, the U.S. Attorney's office has argued that the adjudication of a green card application, including the pace of adjudication, is committed to the sole discretion of the USCIS, because the INA specifies that a decision to approve or deny a green card application is within the discretion of the USCIS. See 8 U.S.C. 1255(a).

    None of the circuit courts have ruled on this issue, but the relationship between USCIS delay and the role of the judiciary has become a "national judicial debate" at the district court level. See Saleem v. Keisler , 2007 U.S. Dist. LEXIS 80044 (W.D. Wis. Oct. 26, 2007). Some courts have bought the government's argument, holding that a discretionary "action" includes every interim action taken along the way leading up to an ultimate decision on an application. See Safadi v. Howard , 466 F.Supp. 2d 696, 699 (E.D. Vir. 2006). Under this theory, a stalled name check is simply action along the way to a final decision. The majority of courts have rejected this reading of the statute, holding that USCIS' discretion only applies to the ultimate decision on an application, not the pace of its adjudication. As one court stated, "it would require Orwellian twisting of the word ["action"] to conclude that it means a failure to adjudicate." Saleem v. Keisler, supra. Similarly, U.S. District Judge Stewart Dalzell recognized that the INA grants discretion to the USCIS to grant or deny a green card application, but "national security does not require that it also have absolute discretion to delay such an application to Dickensian lengths." Cao v. Upchurch , 496 F.Supp. 2d 569, 574 (E.D. Pa 2007). Put simply, "there is a difference between the [USCIS'] discretion over how to resolve an application and the [USCIS'] discretion over whether it resolves an application." Singh v. Still , 470 F. Supp. 2d 1064, 1068 (N.D. Cal. 2007).

    The U.S. Attorney's office has also argued that the USCIS is not required to make a decision on green card or naturalization applications since the INA does not specify a time frame for the agency's decision. See Assadzadeh v. Mueller , 2007 U.S. Dist. LEXIS 80915 (E.D. Pa. Oct. 31, 2007). The government's argument is based on Norton v. So. Utah Wilderness Alliance , 542 U.S. 55 (2004), where the U.S. Supreme Court held that a plaintiff can succeed in compelling an agency to act under the APA if and only if the action sought to be compelled is a "discrete action" that the agency is "legally required" to take. Under the government's theory, the USCIS cannot be compelled to act where its organic statute fails to require it to make a decision. But, under Norton , an agency's regulation with the force of law can create a legal duty. Arguably, the USCIS is legally required to act on applications presented to it, as its own regulations provide that it inform applicants of its decisions. See 8 C.F.R. 245.2(a)(5)(i) (green card applications); 8 C.F.R. 316.14(b)(1) (naturalization applications). Most judges in the Eastern District of Pennsylvania appear to accept this argument. For example, in Kaplan v. Chertoff , 481 F. Supp. 2d 370, 399 (E.D. Pa. 2007), Judge Eduardo Robreno held that the USCIS has a duty to adjudicate green card and naturalization applications, based, in part, on the agency's own regulations.

    Once a court determines that its jurisdiction is not stripped under the INA, it usually faces little difficulty finding a cause of action under the APA. Of course, determining whether an agency has acted unreasonably is a fact-intensive inquiry, but the government's position does not look promising where the USCIS has failed to perform three distinct background checks for two or more years without any indication of special circumstances. See, e.g., Saleem v. Keisler, supra . The government has argued that flagging agency resources are to blame, but many courts find little sympathy for such posturing. In addressing the issue of agency resources, one court stated that the USCIS should take its complaints up with Congress. See Liang v. Attorney General , 07-cv-2349-CW (N.D. Cal. Oct. 30, 2007). "The executive branch must decide for itself how best to meet its statutory duties; this Court can only decide whether or not those duties have been met." Id . Even factoring in flagging appropriations, the court held that a two-and-a-half-year delay is unreasonable as a matter of law. Id .

    With more than 340,000 cases in the name check backlog, it is not clear when some foreign nationals will ever have their cases resolved at the agency level. At least with the advantageous decisions handed down from the federal district courts, foreign nationals have the hope of going into court to request an expeditious resolution to their name checks. In the majority of situations, it appears that litigation is the only option, but at least an option exists.

    Please email the author at gforney@wolfblock.com with questions about this article.





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  • nk2006
    11-18 12:43 PM
    But my concern is that if we don't give them concrete examples of cases where this has occured, then they will just brush us off as "all talk but no meat".

    -va_dude
    va_dude, your concerns are understandable. This issue is real and some IV members got affected by this and came forward to provide some more info. pd_recapturing collected that info. A bunch of volunteers are working in the background to move this forward with concrete proof. In the meantime its important to keep sending letters so they know the concern its raising.



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  • DesiGuy
    09-11 09:57 AM
    does this mean we should also call Rep. Lofgren's office and re-emphasise the fact that her efforts are apprecaited and show our strong support. everyone needs motivation.





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  • chanduv23
    06-12 12:18 PM
    I support you L1Fraud.

    Guys: This has become a major problem at every place. If we do not take any action, every one of us will be replaced by these BIG outsource companies with L1 and B1.

    I already reported this to ICE about violations of CTS which has placed their L1's at client's place for the past 2 years. And still they have several people.

    You may not believe their pay. I do not want to put a number here and it will be a shame on CTS for misusing L1. They replaced 18 American Workers at my client's pace. Whatever you guys might think, this is a FRAUD.

    As you are a very active IV member and helped with so many campaigns. I would request you to take an additional step towards resolving such issues.

    (1) Voilating the law is not right and we must all be against it
    (2) If you are concerned about L1 fraud - please make a case by writing a detailed document.
    (3) Gather people who think their job is at threat because of FRAUD and form a group
    (4) Talk to lawyer and seek opinion
    (5) Understand the process and collectively report to appropriate authorities to take action
    (6) Talk to your law makers
    (7) Run a strong campaign on IV- gather support from other organizations etc..
    (8) Keep everything open - like posting everything on forums and nothing to hide.

    THE OP SEEMS TO BE AN ANTI IMMIGRANT. HE/SHE HAS NOT REVEALED THE IDENTITY AND MAY NOT BE HELPFUL - HE/SHE IS TRYING TO STIR UP SUCH DISCUSSIONS WITH SOME AGENDA WHICH WE DO NOT KNOW.

    IF THE OP IS GENUINE AND SERIOUS HE/SHE MUST REVEAL IDENTITY AND HONESTLY WORK WITH THE ORGANIZATION AND UTILIZE THE RESOURCES AND HELP THE GOVT IN WORKING TO PUT THINGS IN PERSPECTIVE.



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  • nk2006
    09-16 09:22 AM
    House Judiciary Committee Schedules Continued Mark-Up of H.R. 5882 and Others


    Its good that its rescheduled. We again have a chance.
    I called everyone in the list once - will do it again with my wife today/tomorrow. Please everyone do it and encourage others (your family members / friends/ etc) to call - it wont take much of our time can impact our future in a big way.





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  • jcrajput
    09-25 09:18 AM
    I am july 2 filer with no activiy in the case. NO RN, NO CC, NO DATA in System.
    I would like to send fax or e-mail to congressman.
    Anyone know here how to find local congressman?
    Anyone has templeate of letter to fax or e-mail?

    We hope for the best.
    Thank you.



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  • eb2_mumbai
    09-25 10:24 AM
    I agree the numbers seem to include dependents. I mean while looking at EB2 numbers you can see average 1000 - 1500 applications per month which translates to roughly 400 - 700 primary applications (labor) filed each month. That looks reasonable.





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  • unseenguy
    06-19 01:34 AM
    Here is your post on 6/15/2009 @ 4.49pm
    http://immigrationvoice.org/forum/showpost.php?p=352619&postcount=82

    See the words in RED BOLD font. They highlight you mentioning the word "REFERENCE". Kapish?!

    Maybe you should check on your eyesight. And while you're at it, get your head examined as well... memory loss is an early sign of onset of senility.

    Before I get my head checked, get your reading comprehension skills and life priorities checked. Searching, copy pasting others post for which you are spending too much time for too little time indicates some kind of compulsive disorder aka addiction for green card.



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  • gc_dedo
    09-09 07:57 PM
    Is anyone sending emails as well or is it only calls?
    Where do we have the email addresses?





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  • indio0617
    12-31 03:19 PM
    Any member from IIT Bombay, please contact me ASAP.

    We have a very important lead to work with.


    SJ:

    I have left messages for both my cousins. Apparently they are both on vacation, but I hope to hook up with them within the next few days. I am sure both will have excellent connections in IIT (B) circles.





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  • fatjoe
    10-05 10:55 PM
    Congrats SoP. I knew you would get it soon as mentioned in my previous post. All of your efforts got paid off. Yes, I might need your help in writing a touchy letter to Napolitino.
    Could you post the main body of theletter that you sent to Napolitino.

    Folks,
    Today at 2:03 PM EST I received the coveted CPO mail for my wife. I was approved on Sept 3rd and was the primary and I have not yet received the CPO as there is Biometrics issue, my wife had the same issue but the vagaries of USCIS which is worse than Indian monsoon...

    I wish Caliguy, Fatjoe, Apb and many others who are at or older than my PD get their approval soon. If I can be of assistance in any way to you guys please let me know....My wife her case was separated from me and I was worried that it fell thru the cracks..but my persistence with all the channels especially congressional and POJ I guessed did it.

    Not that you guys are leaving any stone unturned but just keep trying...

    She was at initial review stage till Oct 2nd and not preadjudicated and separated from primary case and bingo on 5th she jumped to CPO...

    You really never know...

    Take care and I'll still be visiting IV and commenting and helping out..

    SoP





    eb_retrogession
    01-26 10:01 PM
    Does anyone know what happened in this breakfast meeting..

    I've sent a note to the organizer asking for details about the event. I'll update this thread with the info, as soon as I hear back

    Thnx





    Desichakit
    08-07 08:46 AM
    So now its Old Wine that too illogical in new Bottle. I can at best say that it if you do not agree with some one then at least do not use its resource.



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