GC 2005-the Letter draft I sent is here-
August 14, 2008
To
xyz
address, city
Reg: Employment Based-National Interest Wavier (EB2-NIW) green card petition.
Dear xxxx,
I am xyz and have filed for U.S. permanent residency petition in Employment Based National Interest Wavier (EB2-NIW) category in September 16, 2005. My EB2-NIW based I-140 form was approved on September 30, 2005. My and my family member’s I-485 forms are pending approval for last 3 years. The priority dates which allow the USCIS to adjudicate I-485 forms for my country of origin/birth India have become current from August 1, 2005 and visa numbers are currently available upto September 30, 2008.
I am writing to bring to your notice and request your kind help in our EB2-NIW permanent residency (I-485) application adjudication that has been pending with the US Citizenship and Immigration Services (USCIS) for last 3 years.
As per the recent visa bulletin published on June 15th 2008 stated that USCIS will be adjucating I-485 applications under EB2 category received before 01 June 2006 for India and China. It was also stated that USCIS will be adjucating the cases based on I-140 priority date and I-485 form receipt dates. Following the approvals from Texas Service Center during last 2 weeks, USCIS seemed to have processed and approved all the EB2 cases which filed their I-485 forms in July 2007. This could be noticed at
www.trackitt.com under I-485 category for India, EB2. The
www.tractitt.com is a nonprofit immigration forum to help people going through US immigration. The applicants voluntarily sign up their details at this website using a unique and confidential user name to keep the identity confidential but provide other relevant information that could be helpful for others.
It is painful for me to learn at
www.trackitt.com that for India under EB-2 NIW category with priority I-140 petition date from 2004 to 2007 “none” of the I-485 forms were approved, since August 2008 when the priority dates became current. Per USCIS immigration law, the EB2-NIW category does not need a labor certification and therefore the research work we do is in the national interest. The criteria for approval of I-140 petition under EB2-NIW category are very stringent, and proudly I would like to inform you that my I-140 form was approved in EB2-NIW category. However, the I-485 forms adjudication which is a more or less a formality depending upon availability of visa numbers are being ignored for their timely and deserved adjudication. Under EB2 labor certification category there are 793 (508 are pending) cases with PD ranging from 2000 to 2008 of which more than 150 cases approved in last one week or so. The priority dates for some of these approved cases are 2006. On contrary, although there are only about 40 pending cases in EB2-NIW category (India) as seen at
www.trackitt.com but we are still to see a single case approval of I-485 form in EB2-NIW category since Aug 1, 2008. This USCIS approach is putting tremendous uncertainty with my EB2-NIW green card petition. I am afraid that if I do not receive help in time, the visa priority dates would move back/retrogress on October 1, 2008 putting my entire family in uncertainty. This would put unnecessarily financial burden on me and my family for renewal of employment authorization and travel documents with USCIS.
We request you to kindly help us by asking the USCIS to process the EB2-NIW cases for India based on receipt date of their I-140 and I-485 forms. You are the only hope for us to get the deserved fair treatment.
Thank you
Yours truly
Name:
I 140 recipt # SRCxxxxxxx
I-485 recipt # SRCxxxxxx
address: phone #
cisombudsman.trends@dhs.gov
USCIS-COMPLAINT@DHS.GOV
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