Tracking for EB2-NIW with PD Sep 2005 Only

Have sent PM check it and then lets share the draft

Have sent PM check it and then lets share the draft

GC_SEP2005, great!!

Can you please spend some time on drafting the letter and post in this thread. You may use some earlier draft. I will look for a draft if I have one used previously for senator.
we need to take act quickly and make sure that we do not miss the train this time. We will try to put the draft here today or tonight.

Lets act before we miss the train..........
They are approving EB2 PERMS with 2006 PDs. trackitt.com shows approval of 19 EB2 cases with PD of 2006 and I 485 RD of July 2007. This is simply unfair. I do not know if it is worth filing WOM because they may deny the case.

We are waiting from 2005 having filed concurrently.

No NIW approvals. I know of people who have been pending EB2-NIW India for 2003-2005 PD.
abhuda
 
Hi Green20055, It is a good news... you will get it soon.
BTW when did you open this SR?

Hi All,
I got a reply for my SR: 'I485 is ready for review and will send it for I485 supervisor for review. We will get back to you within 45-60 days for this notice of action'.
Do anybody know, what does this mean. is it a routine answer or just gimmics!
 
I heard from the Congressional liason and through my enquiry that my family's applications are now with the supervisor.


THE CASE IS CURRENTLY WITH AN OFFICER FOR REVIEW AND YOUR CONSTITUENT SHOULD RECEIVE NOTIFICATION OF THEIR CASES IN 30 DAYS.


How hopeful can I be?
 
Hi green20055,
I faxed letter to my congressman/senator/ and Loef Green,
Also mailed to Obdustman. This was based on your draft.
Thanks

Abhuda
EB2-NIW 09/2005 India/TSC
 
Abhuda,

Could you share the draft letter yaar...I thought we are all going to send it at the same time so that a voice can be heard. Would appreciate if you could send the darft and also the fax number for Loef Green.

Best

Hi green20055,
I faxed letter to my congressman/senator/ and Loef Green,
Also mailed to Obdustman. This was based on your draft.
Thanks

Abhuda
EB2-NIW 09/2005 India/TSC
 
Hey abhuda,

I second GC_SEP2005's proposal. Can you please post the letter here so we can send it to other Sep 2005 filers, and make a greater impact?

Thanks!
 
My PD is July 2005 RD Aug 2005 FP May 2007. I have been watching messages in this thread for couple of days. I want to share my mine.

My congressman contacted IO Yesterday, MY FP is expired. They are sending FP notice. I think all in this thread are also in same situation.
 
Hey guys,

While searching internet I got a letter that was send to get attention to another matter but I think we can use it to draft it for our purpose. I have attempted on my side but would like to have others comments also.

Guys we don't have much time before the visa numbers get exhausted. So lets act fast.

***** Write a letter to the USCIS Ombudsman and others.

E-mail to:
cisombudsman.trends@dhs.gov
USCIS-COMPLAINT@DHS.GOV


Processing Delays at Texas Service Center for EB2-NIW Cases concurrently filed in Sep 2005 that have become current on August 1, 2008

Respected Mr. Ombudsman,

I am representing hundreds of Employment based green card applicants under EB2- National Interest Wavier who have become current on August 1, 2008 for final Adjustment of Status at the Texas Service Center. You are very well acquainted with the causes of procedural delays in USCIS processing. Apart from procedural delays due to heavy work loads, there are delays attributable to security/background checks and delays caused by visa unavailability. Recent approvals have show that the application with RD of July 2007 and PD of 2006 being approved when many of us with all security check cleared are waiting for approval.

In view of the above requirements and circumstances, obtaining an approval from a service center has become a rare occurrance especially for the above mentioned category. Therefore when a visa number becomes current for an application on which all processing is complete, it is reasonable for an applicant to expect that the service center has sufficient resources to speedily approve the case before priority dates move back again.

It has been the recent experience of most of us whose cases are with Texas Service Center, that cases have not even be assigned to an officer after the priority dates for August were released in July. The reason given is "your case is pending and waiting for review / adjudicated".

I wanted to bring this matter to your attention because, this explanation is completely unacceptable when a legal immigrant has complied with all pre-conditions imposed by USCIS including but not limited to the current processing timeline for the case type mentioned for the service center.

I will appreciate it if you could contact the Texas Service Center and obtain an explanation. The service center is currently asking applicants to wait for another 90-120 days during this time if the priority dates move back, the applicant might have to wait another couple of years for an approval.

I will appreciate your response and assistance in this matter.


Thank you.
Sincerely,
 
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

Find your senator here:
http://www.senate.gov/general/contact_information/senators_cfm.cfm


Complete email and fax numbers of US congress:
http://www.conservativeusa.org/mega-cong.htm
 
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GC_Sep2005, Abhuda and others:

So, what the plan?
Sending one letter on behalf of everyone or sending individual letters?
 
Lets do both ways

I would suggest both ways. Send individual letters and also a letter n behalf of everyone, which will be sent by everyone to their senator, congressman, obdusman and any other like first lady, vice president. But we need every one to do it in short span of time. Any comments Abhuda and others?

GC_Sep2005, Abhuda and others:

So, what the plan?
Sending one letter on behalf of everyone or sending individual letters?
 
GC SEP2005 and others New version of letter-

August 16, 2008

To
xyz
address, city

Reg: Humble request for help with Employment Based-National Interest Wavier (EB2-NIW) permanent residency petition.

Honorable (for senator, congressman, congresswoman, House representative) / Dear (for any other officer like USCIS Ombudsman, USCIS Director),

I am xyz, currently working as a public health researcher/cancer researcher/medical researcher etc at xyz university/US government organization NIH/FDA/etc. I have filed for U.S. permanent residency petition in Employment Based National Interest Wavier (EB2-NIW) category on September 16, 2005. My EB2-NIW based I-140 form was approved on September 30, 2005. The approval/adjudication of I-485 form is required to get U.S. permanent residency status. Unfortunately the I-485 forms for me and my family members are pending with U.S. Citizenship and Immigration Services (USCIS) for adjudication/approval for last 3 years. The priority dates (I-140 filing date) which allow the USCIS to adjudicate pending I-485 forms for my country of origin/birth India have become current from August 1, 2005 and visa numbers would be available through September 30, 2008.

I am writing to bring to your notice and humbly request your kind help in our EB2-NIW permanent residency (I-485) application adjudication that has been pending with the USCIS for last 3 years.
The EB2 employment based category is divided in two sub categories, (i) EB2-need labor certification from department of labor and (ii) EB2-National Interest Wavier cases (EB2-NIW) which does not need labor certification based on research work falling in the interest of the United States.

As per the recent visa bulletin published on June 15th 2008, USCIS was to adjudicate I-485 applications under EB2 category (both EB2-labor certification based and EB2-NIW based) received before 01 June 2006 for India. It was also reported that USCIS will be adjudicating the cases based on I-140 priority date and I-485 form receipt dates. Following the approvals trend of USCIS Texas Service Center during last 2 weeks, USCIS seemed to have processed and approved I-485 forms for the EB2-labor certification based I-485 cases which were filed 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 based on their experience as customers of USCIS. The applicants voluntarily sign up their details at this website using a unique user name that help to keep their identity confidential but provide other relevant experience with USCIS/other information that could be helpful for U.S. permanent resident applicants.

It is very painful and disturbing for me to learn at www.trackitt.com that for India under EB2-NIW category with priority I-140 petition dates 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 three years ago. However, the EB2-NIW category I-485 forms adjudication which a USCIS formality depending upon availability of visa numbers is being ignored for timely and deserved adjudication. As per www.trackitt.com registration, 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 have been approved in last one week or so. The priority dates for several of these approved cases fall in year 2006. On contrary, although there are only about 40 pending cases in EB2-NIW category (India) as seen at www.trackitt.com, we are still to see a single EB2-NIW I-485 case approval since Aug 1, 2008. This USCIS approach is putting tremendous uncertainty on me due to my EB2-NIW U.S. permanent residency petition. I am afraid that if I do not receive help in time, the visa priority dates for EB2-NIW (India) would move back/retrogress on October 1, 2008. Such retrogression, I have been experiencing for last 3 years and again very afraid of USCIS putting my entire family in uncertainty again. My son/daughter will be attending college next year and would not be able to avail the scholarships and tuition fee waiver for not having the U.S. permanent residency status. This would put unnecessarily financial burden on me and my family for my son/daughters college, renewal of employment authorization and travel documents for my entire family because of USCIS delay to adjudicate my case in timely manner when the visa numbers have become available.

As of now the EB2-labor based category is being preferientally processed and EB2-NIW category is being ignored by the USCIS. We request you to kindly help us by asking the USCIS to process the EB2-NIW cases for India based on priority date of I-140 and receipt date of 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

Find your senator here:
http://www.senate.gov Use senator menu on the left to search senator contact information

Complete email and fax numbers of US congressmans:
http://www.conservativeusa.org/mega-cong.htm
 
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GC SEP2005 and all other NIW India/China,
We are trying to get attention of the USCIS to not ignore EB2-NIW cases addjudication and requesting to consider fairly the I 140 priority dates and I-485 recipt dates while handeling the cases. USCIS seems so far to ignore EB2-NIW over EB2-LC based cases.

I have made changes in the letter draft that was originally posted by GC SEP 2005. Please use the draft dated Aug 16, 2008 from my previous posting on Aug 16-2008. MAke personalized changes (fitting to your background/work/family members/unique situations, application pending time) in the letter honestly, sig and fax to the USCIS Director, USCIS Ombdusman, senators, congressmans, House Representatives.

I would have second preference for sending e-mail than fax. However sending both fax and e-mail would be good. Also communicate with your friends whose EB2-NIW cases have been pending.

Also talk to Chinese friends and spread the word among them.

We hope that USCIS will get notice of our pain and dificulties for not having got approval of EB2-NIW GC.

GC SEP 2005, and others please comment and better we contact to our senators by fax over the week ends/starting on Monday.

This letter may also be put on other forums such as Immigration Voice, trackitt.com and if other available.

Good luck to all.

abhuda
EB2-NIW/TSC (India) concurrent 09/16/2005 (did not use immigration lawyer)
I 140 approval: 09/29/2005
I 485 pending
EAD - 4th renewed

--------------
To send or not to send the fax/e-mail to senator etc/USCIS is your personal choice/decision, there is no compulsion.
 
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