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  • sujijag
    07-14 08:17 PM
    Good Initiative. High Five :)
    Here is my confirmation
    Immigration Voice $5.00 07/18/2008 7YBXC-MCJPD




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  • ItIsNotFunny
    10-21 11:06 AM
    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================
    Nebraska Service Center
    Director: Gerard Heinauer
    General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

    USCIS NSC
    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    USCIS
    Nebraska Service Center
    850 S Street
    P.O. Box (Insert Correct P.O. Box Number)
    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label.
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV
    =====================
    Director: David Roark
    General
    Correspondence:
    USCIS TSC
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    ============================
    Letter
    ============================
    Date: Today()

    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number

    Guys,

    This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).

    We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.

    I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.

    One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!

    I sent my emails (actually twice ;)).




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  • ragz4u
    03-08 02:05 PM
    He has asked the absent senators via staffers that if they do not want to come to hearings, they can leave this committee and let others take their place. Apparently they need atleast one democrat to proceed.

    He is waiting for atleast one more senator to turn up before 3.15 pm else hearing will be adjourned

    Senator Cornyn is offering a new amendment now (#6107 ) illegal aliens convicted in felony cannot file for petition for spouse...again this is not related to us




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  • newuser
    09-12 10:29 AM
    I am Ok with this idea as long as the issue doesn't get diluted.

    I think everyone should send the letter in the same format though.



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  • WeShallOvercome
    07-05 01:52 PM
    Good job pcs !!

    I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!



    I met the local office of my Congressman with the following documents to make it easy & simple..

    A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )

    A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.

    Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July

    Above was good enough to convince them regarding the mess & they promised action on their part..

    IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS

    NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION

    This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.

    I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date



    Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.

    Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony


    Since your butt is on fire like mine.... I do not think I need to convince you to act on this


    Best wishes




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  • ragz4u
    03-09 09:58 AM
    As baburob2 mentioned, title 4 and title 5 relate to us legal immigrants. Hopefully the committee will get to that before 1.00 pm since the hearing ends at that time today!



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  • ksach
    02-12 02:56 AM
    it means freedom and a respect for my education, my skills and my hard work.
    read my story below.

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

    America, the land of opportunity and freedom.

    These days when I hear America being any of the above, I usually
    sneer. 6 long years have thought me not to accept everything I hear.

    Back home, I had respect. I had a good education and a great job. I
    got an education from the best schools and the best colleges. I worked
    for a big multi-national with a big fat salary and lots of
    opportunities to travel to countries on work. I was a success. But I
    wanted to be more. I wanted to be global. I wanted to work in a
    different country for sometime. I loved seeing different cultures,
    seeing different places; I wanted to see the world. Thats when the
    offer for a job in the US came. I took it up because I could see the
    US of A, the land of the free, the land of opportunity, the land of
    the Cisco's and Microsofts and more importantly, the land of dreams. I
    thought a couple of years working away from home would do me no harm.
    Boy, was I wrong!!!!

    The first few years in my new country of residence were difficult. I
    worked for a startup with its crazy hours and insane schedules. Far
    from seeing new places, I was busy at work. But I did not complain. I
    liked the work and the company's passion to create something new. No
    longer was I working on the junk companies outsource to third world
    companies. I was working on the actual product, creating something
    that was not done before, something I could be proud off. I was busy
    at work, but it was not difficult to notice something, the Americans
    worked hard, the people with green card worked harder, but the people
    on H1-B worked hardest. I guess, the people on H1B had the most to
    lose. But I did not give a hoot. I had a product to deliver. I never
    had the time to think about my green card. I still wanted to go back
    to my country, maybe not right now, but I wanted to. Right now, my
    work was my priority and I would concentrate on that.

    Slowly the years went by, and unknowningly I started seeing the
    American Dream. I got a new car and expensive clothes, I started going
    out with my friends, visited new places, and more importantly I
    stopped feeling homesick. The apartment I shared with my friends was
    my new home. So when my company asked me if they could do my green
    card, I readily agreed.

    I should have seen the signs. There were many of them; but I chose to
    ignore. I should have know that people are exploited when I heard a
    top executive at my company say once that he expects everyone to work
    long hours and weekends because we had no options. The job market
    outside was bad and none of us could find jobs. I should have known
    that my cultural background mattered when the girl at the Albertson's
    counter did not even look up to me, but was very friendly with all the
    Americans ahead of me, or when an office colleauge introduced his girl
    friend to all americans but ignored the Indians. I chose to ignore all
    this, because I thought it does not affect me. As long as I did my
    work or followed the rule of the land, nothing else mattered. I was
    wrong again.

    Two things changed in 2005. My company went down and I got married. I
    was on H1B and had to find a job soon. I was already at the end of my
    H1B tenure so not many companies were interested. That is when I
    realized the disadvantage of being on an H1B. It did not matter that
    my resume was impressive. My H1B status was more important than my
    skill set. It it did not matter that I had already spent a lot years
    in this country and my green card had been filed. It was hard finding
    a job that would sponsor my H1B and my green card again. I did manage
    to find one. But I was not lucky on my home front. My wife could not
    work because she was on a dependent visa. She had given up a career in
    India to be with me, but reality hit soon when she started getting
    bored. She kept herself busy with books, TV and cooking. And life went
    on, hoping that we would get our green card soon and we would be free
    again. Free to find a job of my liking for me, and free to do any job
    for my wife.

    Its Feb 2007 now and there's still no sign of the green card. I
    stopped hoping for one. I dont care for one. All I care for now is my
    wife to be able to work in something she likes within any legal
    boundaries.

    Its been a long time since I legally came to this country. I was young
    and succesful then. And now as I cross another anniversary of my
    landing in the US, I reflect upon what I have gained. I have gained a
    big bank balance, a good car, a good lifestyle. What have I lost -
    plenty. I have lost my career, my freedom, my health, my marriage and
    my family. I have been stuck in the same job for many many years while
    all my friends have climbed up the corporate ladder back home in
    India. Its not easy working on an H1B. My marriage has suffered
    because my wife is unhappy that she cannot work, she's close to a
    breakdown, my health has suffered because of all the thinking, and my
    parents have sufferred because I have not been able to take care of
    them. I never have cried so much at my helplessness as I have cried in
    the last one year.

    One thing I have realized about the US is that it is no different than
    any country. Like any other country, the exploitable are always
    exploited. (The big companies are not willing to fight for the welfare
    of their employees. They fight to get more people into the country to
    exploit.) Like any other country, the only thing that gets politicians
    excited is money and votes. (Why do we need so money to lobby the
    politicians? Isn't freedom and justice reasons good enough?) Like any
    other country, it discriminates between the have and the have nots. It
    is a country that has no respect for people. (Ask anyone who goes for
    a visa stamping in the US embassy in India. I have seen old people and
    ladies with small kids spend hours in the hot Chennai Sun to enter the
    embassy for an appointment, just to be spoken rudely by the Visa
    office. There was not even a shelter outside to block the sun. I have
    never seen people turn into US haters so soon). It is a country that
    wants our brains, but is not willing to show a heart.

    Some people may argue that I have the freedom to quit my job and go
    back to my country. But that is not freedom enough. I want the freedom
    to choose when I want to go back. Its not easy to pack 8 years of your
    life in a jiffy. Its not easy to pack 8 years of your life into 2
    suitcases. Neither is it easy to restart your life in a different
    place, even if its your own. It reminds me of an Indian saying -
    "dhobi ka kutta - na ghar ka, na ghat ka". It means, a washerman's dog
    belongs neither to the house nor the river banks. Thats me in a
    nutshell, a "dhobi ka kutta."; a washerman's dog!!!

    ps: I love this country as much as I love my own. But I wish this country loved me back as well.




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  • PKV4voice
    09-16 08:30 PM
    Unable to participate due to prior commitments (travelling in Mid West)

    Contributed $200
    Google Order # 332995467726386

    Appreciate IV's initiative. Thanks a ton.



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  • DDLMODES
    07-06 10:27 AM
    Nixstor,
    AILA's publication itself said that checks were not done... Its evident on also. If you refrain from spicing up things its never going to come up in media. Who cares if 500 mm immigrants are backlogged ?

    You are saying that authorities will take retaliatory measures for saying something that really bad happened. Then dont even talk about lawsuit etc... Do you think a lawsuit aginst USCIS/DOS is going to please them very much ???

    Take either Boat1 or Boat2 -- Please do not sail keeping your foot in two boats. I apologize if i sound aggressive but it is what it is. Doing a work
    in weekend of 48 hours (consuming 25000 visas) which takes even more
    than 48 days definitely involves bypassing CRITICAL checks !!

    Truth is a truth - neither you or me or anyone can alter it.

    Thanks!

    If these are the ONLY arguments we can use to get media attention then let's not use them at all. This WILL hurt us more then it can help !

    I have a question: Are you one of those anti-immigrant people because you sure behave like one !

    If they revert the decisions for 20000 greencards and put the visas back in the pool, how would that help us ALL ???




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  • axp817
    11-25 04:00 PM
    A general question - Is it normal to see LUDs on the 485, approved 140, approved 765/131 a few (3) weeks after sending AC21/G28N documentation in?

    I changed employers about a month ago (140 approved, 485 pending more than 180 days), and the new company filed AC21 on Nov 3. I saw a soft LUD on my 765, 131, 485, 140 yesterday (Nov 24) and another soft LUD on just my 485 today (Nov 25). I wonder if these have to do with the AC21 and G-28N updates or if it is a sign of I-140 revocation and I should expect a 485 denial soon?

    Any response will be highly appreciated.

    Thanks,



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  • gctest
    09-15 04:19 PM
    That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.

    Infact, it would be wrong to call this a lawsuit.

    We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.

    If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.

    The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.







    Incorrect.
    Please read this pdf document
    AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)

    Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
    ----------------------------------------------------------------------------------------
    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
    For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
    --------------------------------------------------------------------------------------

    I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.


    _____________________________________
    Proud Indian-American and Legal Immigrant




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  • texcan
    09-10 10:22 PM
    Contributers,

    Thanks for your contributions. We need more people like you.

    lets push contribution drive to other threads.

    To me its simple, anyone who cant come to rally can
    dig a little deeper in pockets for contributions.

    Great work IV. Keep doing the good work.



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  • punjabi
    09-10 08:59 PM
    Its shocking!!! They've foolishly approved many 2006 cases and dont tell me it was unpredictable and now ppl with 2003 r still waiting....how logical is this? A bunch of A** H**** working there or what?


    I know, this is very illogical. And very upsetting for the people who are waiting for a long long time. Hopefully, we'll see a shine in the clouds this year. A lot of people are aware now and have stood up against the "injustice" since last year, mainly through the efforts of IV.

    And I strongly believe that higher is the volume of the prayers, sooner they get answered.




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  • bayarea07
    03-17 07:18 PM
    One More Time,it is proved that we are unwanted group of people, even though we pay the highest social security tax.

    Shame on You IRS !!!


    Looks like IRS is not going to give us back 1200$ as part of the stimulus package,which they were planning to earlier.

    Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html


    Basic Information on the Stimulus Payments

    Updated March 14, 2008 — new 1040A-3 package

    You've heard about it. Now find out how to get yours.

    What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.

    Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment — if only one has a valid SSN, neither can receive the payment.

    Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment — if only one has a valid SSN, neither can receive the payment.

    Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.



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  • snathan
    02-09 10:24 PM
    Sure. I feel sorry for you. My family doesnt live off my money nor my inlaws :) and no body has ever asked me for it. Gifts sure. I buy them myself. Not that they expect it :)

    Well. Your parents and in laws may not need your money. But defintely IV needs it. So contribute at

    http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000




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  • HV000
    09-28 06:45 PM
    Oh Law Firm Update :

    09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007

    Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.

    This is horrible. We need to know how many numbers have been wasted due to notorious inefficiency of USCIS. This also raises an important question why DOS does not allocate the entire 140,000 on Oct 1st when there is tremendous backlog in the system. Also, it is ridiculous that USCIS does not release the Number of backlogged applicants in its system.!!



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  • waitnwatch
    04-25 02:31 PM
    It sure seems that there a lot of frustrated people on a short fuse. Staying focused definitely helps because of both our limited resources and influence. One thing that should be considered though is the greater good. Lot's of things could help an individual's cause. If I had the power to change the law I would start of by issuing green-cards within a month of getting an H1-B. But I don't have the wishing well in my backyard. I wish one of us could locate one and that would be the end of all this confrontation!

    my two cents




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  • SFSweta
    07-11 02:12 PM
    Just out of curiosity, what's stopping you from doing some of these things now? You probably cannot spend 3 months with your family in India and Dubai or go to culinary school full-time but you can definitely do all the rest while on H-1B/AOS.


    - that's all and thanks for pointing it out :)




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  • shana04
    07-14 08:04 PM
    Heck all I am asking for is $5.00 ;) A meal at Burger King these days will cost you more :)

    I have mailed a check for $10.00, check is on its way.

    Thanks for taking initiative ;)
    Shana




    snathan
    03-12 12:33 PM
    No, it does not even do that. it does not let FOIA donors logon too.
    First, the whole concept of donor based organisation is so stupid.
    I mean really stupid.

    If the donor based thing is ON, the future of IV is not good.
    Yeah, IV does good work by talking to people all around, from different stratas of lawmaking and what not.

    but get real, look around guys, information is everywhere, not only here. and you are working for the greater good of the community, only donors are not going to be benefitting from this.

    Instead of making donor based posts, have a FOIA kinda drive every now and then.

    unbelievable, and to top that, even donors cant access the so called 'DONOR posts'.
    talk about low life bureaucracy, welcome to IV.

    Yes...this how we need to work. Why you dont support the donor idea. We dont need the free riders. We need only comitted people and not junks




    mirage
    04-01 02:33 PM
    Guys don�t presume you don�t have rights for this and that. late in spring of 2005 I had a meeting with my state�s senator and he took all my details and wrote to Backlog Center in Philadelphia. After 2 months his office called me and send me the correspondence they got from BEC. They had description about my file etc. my labor was cleared in a month after that. Apparently BECs informed his office about the approval too, and to my surprize they called me up again and told me the news. They are public office they are answerable to us, we need to ask�Mirage,

    I think what Dard-E-Disco is pointing out is that, we are foreigners (Not citizens of the USA), therefore our rights are not the same as a US citizen.

    We could create rallies, voice our concerns on this forum, write letters to congressmen and senators, etc etc etc, and that is fine, but we don't have any right to really ask particularly USCIS about their internal workings. I would assume that even US citizens are able to do what you are saying. There are certain levels of confidentiality specially in government that they will never share with anyone.

    I think the same is true in your country.

    How do think would your people or governmnet react if a foreigner in your country start to question your immigation policy.

    Think about that.



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