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****Govt's Response to Our Class Action Motion****

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  • #21
    Some layman's observations:

    USCIS's Argument: There are various classes and subclasses of EB Visas so the all the applicants do not form a single class.
    Notes: The law suit is about delays in AOS where the class of EB is of little consequence.

    USCIS's Argument: The passage of time alone is rarely enough to justify a courtís intervention...
    Notes: We have cases of financial loss, hardship and loss of opportunity.

    USCIS's Argument: CP is not represented, so this does not represent the whole class
    Notes: We are alleging delays in EB AOS, not claim to represent EB immigrant Visa applicants in general.

    USCIS's Argument: The named representatives seeking relief will come at the cost of other older pending applications causing a conflict of interest with the class hence they cannot represent the class.
    Notes: We are seeking the relief for the class not just the named applicants. It is the responsibility of the defendants to ensure that it is properly implemented especially that they are asking not to interfere in their internal implementation.

    USCIS's arguments: Plaintiffs do not explain however do not explain how to achieve the goal
    Notes: We have already given suggestions which defendants declined. We can provide more if they receive them openly. In fact, we can correct the misguided and counter productive measures.

    USCIS's arguments: The individual injury in fact suffered must arise directly from the violations charged that are common to the class.
    Notes: We have plenty of cases ranging from loss to career advancement to driver's licenses which we can quantify. These are common among the members of the class, not necessarily for every member.

    Comment


    • #22
      Re: Some layman's observations:

      Excellent points!

      I am the one who is suffering a great financial loss due to my son's university tution fee! My son is not even qualify for the education loan from the Citi bank or any other financial institution since he has to be a U.S. CITIZEN or PR or he need a co-signer.

      I am the one who is even not able to qualify as a co-signer for my son's Education loan since co-signer also has to be a U.S. CITIZEN or PR.

      I am the one who is sufferning a lot since I didn't applied EAD for my son, so his driver licence privlages got suspended in N.J. after 540 days of I-485 receipt date. I need to apply his EAD in order for him to work part time or during summer in order to meet his very big education expenses, to get his social security no. (which are restricted under H4 visa category) and to restore his driver licence privlage back.

      I am the one who victimised by the inconsitant policy/rule among differnt Local USCIS office for issuing interim EAD before 90 days. Atlanta local office had denied my request to issue interim EAD after expiring before 90 days where as Charlotte, N.C. had issued interim EAD before 90 days!!

      Thank you!

      Originally posted by ThelastMile
      USCIS's Argument: There are various classes and subclasses of EB Visas so the all the applicants do not form a single class.
      Notes: The law suit is about delays in AOS where the class of EB is of little consequence.

      USCIS's Argument: The passage of time alone is rarely enough to justify a courtís intervention...
      Notes: We have cases of financial loss, hardship and loss of opportunity.

      USCIS's Argument: CP is not represented, so this does not represent the whole class
      Notes: We are alleging delays in EB AOS, not claim to represent EB immigrant Visa applicants in general.

      USCIS's Argument: The named representatives seeking relief will come at the cost of other older pending applications causing a conflict of interest with the class hence they cannot represent the class.
      Notes: We are seeking the relief for the class not just the named applicants. It is the responsibility of the defendants to ensure that it is properly implemented especially that they are asking not to interfere in their internal implementation.

      USCIS's arguments: Plaintiffs do not explain however do not explain how to achieve the goal
      Notes: We have already given suggestions which defendants declined. We can provide more if they receive them openly. In fact, we can correct the misguided and counter productive measures.

      USCIS's arguments: The individual injury in fact suffered must arise directly from the violations charged that are common to the class.
      Notes: We have plenty of cases ranging from loss to career advancement to driver's licenses which we can quantify. These are common among the members of the class, not necessarily for every member.

      Comment


      • #23
        Everyone is sufferer

        1. My wife cannot join nursing course as that is only for GC holders or citizens
        2. I am considered non-resident by Wisconsin state tax department
        3. I cannot negotiate my employment contract with my employer favorably. I am less paid and is not promoted as my employer knows my weakness i.e. I need a job when I-485 is adjudicated.
        4. We need British/German transit visas if we are traveling on advance parole.

        USCIS will be flooded with the sufferings. Do they think we are doing this for fun? Wow, what an insensitivity.

        Comment


        • #24
          Re: ****Govt's Response to Our Class Action Motion****

          Originally posted by operations
          See attachment.

          I will be busy with our reply to this response. We have only five days. So I will be unavailable. But i will make sure to read your comments here.
          given the recent development, is the sunday conference call still on ?

          Comment


          • #25
            Re: Re: ****Govt's Response to Our Class Action Motion****

            Originally posted by CouldNotPost
            given the recent development, is the sunday conference call still on ?
            Let's assume that we have sunday conference since we didn't receive any request from Rajiv to reschedule.

            Thanks.

            Comment


            • #26
              Re: Everyone is sufferer

              Originally posted by jat
              1. My wife cannot join nursing course as that is only for GC holders or citizens
              2. I am considered non-resident by Wisconsin state tax department
              3. I cannot negotiate my employment contract with my employer favorably. I am less paid and is not promoted as my employer knows my weakness i.e. I need a job when I-485 is adjudicated.
              4. We need British/German transit visas if we are traveling on advance parole.

              USCIS will be flooded with the sufferings. Do they think we are doing this for fun? Wow, what an insensitivity.
              More from my side :
              1) Now a days, almost every one is ending up with applying for 3 EAD's and 3 AP's. I saw some people going for 4th EAD also. This whole thing is very burdensome. Every one applies these EAD/AP extentions for both him/herself , spouse and kids (if any). To add salt to the wounds, USCIS is now increasing the fees for these applications.

              2) EAD does not give you freedom to choose your job, even within the same field. There is a limitation that the new job has to be 'similar' job as the previous one. This word 'similar' is not defined precisely. So it is subject to individual interpretation of the adjudicators. That's why people like me are hesitant to change jobs. How can you expect the job titles and job descriptions to be same in every company ? So there is always some risk associated with using AC21.

              3) We are stuck with those small companies we have joined some 4 yrs back. As a result, instead of getting a 90K salary which my experience and skillset deserve, i am getting around 45K consistently for the past 4 yrs. The reason is i (like most of the people here) work as a consultant and my company places me at client companies through other bigger consulting companies. As a result, i end up getting a small portion of what the client pays for my services. In almost all the companies that i have worked as a consultant, i got an offer to join as a full time employee with around 85K salary, but i have rejected the offers due to my pending GC. Due to this prolonged GC process, i have never made any money because i was getting only around 45K/yr and i have a wife and a child to support. I am sure that this is true with many other people in this forum. We have suffered heavy financial losses due to the GC delays.
              Helping nature is the best Virtue.
              Selfishness is the worst Sin.

              N400 Timeline :
              --------------
              06/20/2009 : Mailed N400
              06/29/2009 : Notice Date
              07/25/2009 : FP (Elizabeth) as per schedule
              09/05/2009 : Status Changed to "This case is transferred to local office for Interview
              09/12/2009 : Interview Letter Received
              10/21/2009 : Interview Date. Became American

              Comment


              • #27
                Lots of jobs are not open to non GC holders. That limits opprtunities significantly.
                Tiger EB2/RIR-RD:Sept'02 AD:8/5/04 Stamped 8/20, Card Recd 10/05
                Hard work pays in the long run, Laziness pays right now

                Comment


                • #28
                  I think one of CIS critical points to be refuted very strongly is the order of processing.... Especially now since they are planning on doing 140/485 adjudication in 90 days. Not including the pilot program, it is absolutely essential that CIS first process old 485 cases before expanding 90 day adjudication throughout the country..

                  Comment


                  • #29
                    Re: Re: Re: ****Govt's Response to Our Class Action Motion****

                    Originally posted by Edison
                    Let's assume that we have sunday conference since we didn't receive any request from Rajiv to reschedule.

                    Thanks.


                    We are on. Post the phone number here please.
                    Rajiv S. Khanna; Law Offices of Rajiv S. Khanna, PC - Your Host
                    703-908-4800 Extension 110
                    _____________________________________________
                    I am a lawyer. We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense. There is no way anyone can give accurate legal advice without a detailed review of facts in each case. My comments in the forums do not create an attorney-client relationship. Do let me know how to make things better by posting relevant suggestions here:
                    http://boards.immigration.com/forumdisplay.php?f=13

                    Facebook
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                    Comment


                    • #30
                      Conference: 04/25/2004 2PM EST(11am PST)

                      Originally posted by operations
                      We are on. Post the phone number here please.
                      Conference: April 25, 2004( Sunday) at 2PM EST(11AM PST)

                      Dial-in Number: (641) 497-7301
                      Access code: 299744#

                      Agenda:
                      Rajiv S. Khanna will discuss about I-485 Litigation and related issues


                      PARTICIPANT FEATURE KEYS
                      3 Exit - exit the conference call
                      4 Instructions - conference instructions
                      6 Mute/Unmute - caller controlled muting

                      Comment


                      • #31
                        could someone please post minutes ?

                        Comment


                        • #32
                          Originally posted by Groan
                          could someone please post minutes ?
                          We are reviewing the minutes...minutes will be posted immediately after the review..

                          Thank you for the patience...

                          -rajum
                          rajum

                          Please donate money and time to immigrationportal.org

                          Comment


                          • #33
                            how to be a plaintiff?

                            Hello anyone:

                            I listened to Rajiv conference this afternoon 4/25/04 2:00pm.
                            My name is Ke. I asked in the end how I could be one of the plaintiff.

                            I have evidence that USCIS treat case strangely.
                            My colleage file after me. He got approved
                            in Jan. 2004. His I-485 is submitted in late August 2002.
                            I filed before him. We filed in the same way since we work for the same company. (RIR-LC, I-140, then I-485 while I-140 is pending)

                            You could forward to anyone in the conference this afternoon.

                            Could you tell me how to be a plaintiff?

                            Thanks.

                            Comment


                            • #34
                              Re: how to be a plaintiff?

                              Originally posted by chenqian
                              Hello anyone:

                              I listened to Rajiv conference this afternoon 4/25/04 2:00pm.
                              My name is Ke. I asked in the end how I could be one of the plaintiff.

                              I have evidence that USCIS treat case strangely.
                              My colleage file after me. He got approved
                              in Jan. 2004. His I-485 is submitted in late August 2002.
                              I filed before him. We filed in the same way since we work for the same company. (RIR-LC, I-140, then I-485 while I-140 is pending)

                              You could forward to anyone in the conference this afternoon.

                              Could you tell me how to be a plaintiff?

                              Thanks.
                              Send a PM(Private Message) to Edison or dsatish or to me...and preferably to Edison...
                              we will take care of it...
                              In that PM, please include the following details:
                              - Your full name as appears in your 485 petition
                              - Your 485 petition number
                              -Receipt date
                              - Notice date
                              - A #
                              - Your address(better if it is the same address on 485 petition)

                              For us to contact you any time, we also need to
                              have your contact email and phone number.

                              thanks,

                              -rajum
                              rajum

                              Please donate money and time to immigrationportal.org

                              Comment


                              • #35
                                Originally posted by rajum
                                We are reviewing the minutes...minutes will be posted immediately after the review..

                                Thank you for the patience...

                                -rajum
                                rajuM,

                                Is the review Over ??

                                Comment


                                • #36
                                  Processing times

                                  One of the basis provided for this lawsuit not to be of Class action types is that there are many different types of EB cases. In such a case, why does each centre CIS (NSC, VSC etc) provide only one processing date for EB cases, why not break further eg. Eb1, Eb2 etc etc. for more transparency
                                  EB3 Ind PD:Nov00 Labor AD:Jan02
                                  I140 Appl. Jan02-AD:Apr02
                                  I485 RD (for me/wife):Aug03
                                  Provided Ac21 and G-28 after change of job :Sep04 (Dont think USCIS put this in my file)
                                  RFE:April4th05-Lost in mail to old atty
                                  Req for resending RFE:Apr 20th
                                  RFE-EVL & Birth Cert for me & Proof of marr. for wife
                                  USCIS recd resp:6 Jun 05(Included AC-21 papers)
                                  xfered to Portland,OR-14Jun05 Int date:Aug 02 05
                                  2nd Fp: March 06,Expedite request:14thApril06
                                  AD:24apr06 and Finally end of signature

                                  Comment


                                  • #37
                                    As I understand I-485 does not differentiate sub-catagories. All EB sub catagories are treated equally.

                                    Comment


                                    • #38
                                      The reply

                                      I thought the whole idea behind Class litigation was to reduce the "time delays" and not alter the way BCIS processes an application. (Correct me if I am wrong on that premise).

                                      I feel, BCIS has confused the issue of "time delays" and "method of processing different categories". BCIS can process the EB categories in any way they want but within a respectable "time frame"; the "time frame" set by the congress. So I feel that there was no need to include the immigration categories and complicate the whole response.

                                      If BCIS in their response attributes the delays to the way and the method of processing an application then that would be their procedural problems and BCIS should take care of that problem and not justify that as cause for "time delays".

                                      Additionally, they are just trying to deny Class on a statistical probability that there aren't so many in number under the categories and sub categories specified in the response so as to warrant a "Class". If denied a "Class", Rajiv should just file a joinder of all applicants in the various catergories mentioned in the response, just demonstrate the seriousness of the issue at stake.

                                      Anyway thats my two cents worth in the midst of a perpetual wait over various "I" petitions.
                                      Xanthos

                                      Comment


                                      • #39
                                        Observation

                                        I think in this response and also in the last one they refer to the dual status, i.e. having H-1B and also AOS and as such any AOS inconveniences, problems are offset by the existence of the visa H-1B. What a poor attitude! A lot of EB I-485 applicants have expired the whole seven-year H-1B span for all that it was worth!!!!!!!!!!!!!!!!!!!

                                        Comment


                                        • #40
                                          Dangerous Stagnation in Career

                                          USCIS is not understanding the delay causes follwing hardships.

                                          1. GC is for future job.If GC filed as program analyst - i should be a program analyst till i get GC and After. No career advancement.I can't be in that postion for 5 to 10 years just because of GC.Can we see any one in USA with 10 year experience as Program Analyst except those filed for GC?.I see lot of my co workers with less experience getting promotion and i am refusing all my promotion for the same/similar job.Now i am working under my junior who become a team lead, which is suppose to belong to me.since i refused it i can't get advancement in my career - all becos of delay in processing.Hope USCIS will approve my case before my son get promotion ahead of me.Will the opposing deputy autorney will stay in the same postion for next 10 years. 2.It is my right to work in EAD or H1B if i have an option.Why USCIS do need to bother about it.They need to bother only if i am in status or not.How come they bring it here. If i am in H1 also,i need EAD for AC 21. Or let USCIS say we can use H1 for AC 21 and we won't raise this EAD issuse.
                                          3. USCIS -Please Stop Security check story.The Same USCIS director proudly said 97 % of security checks take just 2 minutes of time.How come than these security checks will make 2 to 3 year backlogs.

                                          Comment

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