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Thread: Can We settle on These Bases?

  1. Jharkandi,

    That was just a typo! Please don't get me also wrong here as I said in my previous post that I am not against of concurrent filing or any other issues you or any one talking about and I do respect them. The main point I am trying to make here only is that 'please don't loose our main focus (to clear I-485 backlog) of the lawsuite with so many other intent every one have'.

    FYI..Mostly, I won't get any benifit out of this lawsuite since my I-485 pending over 2 years and I am sure will get approve with in a month or two. I am expressing my opinion here based on my own experience of real world.

    Originally posted by Jharkhandi
    AC-21 rule was introduced related to security checks - really that is a news. I thought AC 21 is something else. For 140 it is due to Section 106(c) of the (AC21) (08/04/03 by William Yates). And here are many more things to AC21.

    Search on: Public Law 106-313 (this is AC21 or American Competitiveness in the Twenty-first Century Act of 2000 on 10-17-2000 signed by President William Clinton). It talks about H1b issues to large extent. Now I will wait for your post on security issues mentioned in AC21.

    P.S. Don't get me wrong I am not sitting on any 'ped', but to talk to person in real world - other one has to come down from 'ped' and present facts. Let us continue our nice discussion based on facts and not around 'ped'. Relax - I will call you smartest one too.

  2. May be you haven't read my previous post:

    "I know AC-21 came before concurrent filing..but the RFE issue rate was also very low before...do you know why they issued AC-21 memo on August 4,2003?..because after concurrent filing, USCIS falks were issuing more RFEs since they were confused with AC-21 rule for I-140 validity and I-485 processing and they are still confused!!"

    Do you how they are confused? I received my RFE after 2 months which was send to wrong company address by USCIS and luckly that company forwarded to my company..also, they have issued RFE to my company also before issuing RFE to me to verify employment intent from both the side.

    Originally posted by Jharkhandi


    So how is AC21 related to RFE and concurrent filing?

  3. My My .............

    Having read the last rounds of chat - where has it got us.

    By the time we finish arguing and pointing out minor faults, the Law Suit will be no good - as we will have our GCs - at this rate I can't see us agreeing on anything in less than 12 months!!!

    At this rate, the USCIS will look more efficient than our ability to negotiate with them.

    Let's settle on a way forward. Let's agree on Rajiv's plan - he is probably the MOST qualified of us - and get him to agree that additional items will be taken to the USCIS as and when....

  4. Originally posted by feb6361
    May be you haven't read my previous post:

    "I know AC-21 came before concurrent filing..but the RFE issue rate was also very low before...do you know why they issued AC-21 memo on August 4,2003?..because after concurrent filing, USCIS falks were issuing more RFEs since they were confused with AC-21 rule for I-140 validity and I-485 processing and they are still confused!!"

    Do you how they are confused? I received my RFE after 2 months which was send to wrong company address by USCIS and luckly that company forwarded to my company..also, they have issued RFE to my company also before issuing RFE to me to verify employment intent from both the side.
    Looks at point 7 on Rajiv's proposal. It talks about AC-21 clarifications.

    I agree Dream On. I am off now.

  5. Re: My My .............

    Good one . I am supportive of Rajiv's current plan .. I did no ask to make any additions to them - I am just guilty of forceful support to current plan of action

    001
    Originally posted by Dream On
    Having read the last rounds of chat - where has it got us.

    By the time we finish arguing and pointing out minor faults, the Law Suit will be no good - as we will have our GCs - at this rate I can't see us agreeing on anything in less than 12 months!!!

    At this rate, the USCIS will look more efficient than our ability to negotiate with them.

    Let's settle on a way forward. Let's agree on Rajiv's plan - he is probably the MOST qualified of us - and get him to agree that additional items will be taken to the USCIS as and when....
    Not a legal advice.
    Do Your part for immigration reform! Sign the petition

  6. Join Date
    May 2002
    Location
    California 14th District
    Posts
    4,636
    http://immigrationportal.com/showthr...763#post699747
    Today, HowMuchLonger, one of CSC forum mebers, received a letter from Congresswoman Anna Eshoo (D CA 14th) as follows:
    Dear Mx. XXX

    Thank you for your recent inquiry regarding the back-log at CSC as it relates to the Employment Based I-485 AOS Applications.

    As you know, I wrote to Director Don Neufeld regarding this issue last year and received a response. I believe you've already read this response at www.immigrationportal.com. Unfortunately, I have been notified that due to pending litigation, he cannot comment on any more inquiries regarding this issue.

    I hope you find this information helpful to you and thank you again for the opportunity to be of assistance.

    Sincerely,

    Anna G. Eshoo
    Our Litigation seems to have been informed to Service Center Directors who are Defendants.

    CSC forum members had sent about 100 e-mails to Congresswoman Anna Eshoo and CSC Director Don Neufeld in January 2004
    to follow up Don Neufeld's promise to Anna Eshoo so that Don Neufeld will significantly increase adjudication resource to I-485 by April 2004.

    The Court is not only the place to fight.
    Please be prepared to contact your Congressional members or Media in your area.
    It is each one's responsibility not only for Plaintiffs and Core Team members but also for everyone to be involved in this litigation.
    -kashmir

    Project Ocean II - to amend INA Sec.316
    Kashmir Ocean Stairway To Heaven Immigrant Song Whole Lotta Love


    ------------------------------------
    IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

  7. Need to stay on track

    I went back and read the original complaint that was filed (and have attached it here for easy reference).

    As far as I can see this complaint is based on slow AOS adjudication. We should therefore stick to this and if necessary or so desired, approach Rajiv to file similar complaints on I-140 and Citizenship issues.

    I believe the time has come to move forward on the AOS / I-485 issue at hand.

    We are just wasting time now!!

    If we don't decide to move forward, Mr Khanna may decide it is a better use of his time and effort (as a result of the forum not being able to come to an agreement) to settle for the plaintiffs in the complaint and then others of us will lose out.
    Attached Files
    Last edited by Dream On; 22nd February 2004 at 02:06 AM.

  8. --------------------------------------------------------------------------------
    Originally posted by operations

    For now, I am not amending the Complaint. But if CIS is
    unreasonable, we might broaden the scope of the litigation to include ALL delays.
    --------------------------------------------------------------------------------

    Hi Rajiv,

    I am really confused. Since the complaint didn't mention I140 at all, and you are not going to modify the compliant at this point - why do we have items for I140 in the settlement?

    Please comment. Thanks!

  9. Some thoughts and impressions

    Folks, I think we have about exhausted useful discussion. My general sense is that this is a good point to submit our settlement to CIS.

    I want you to refrain from attacking each other's view points to the point of getting personal. No need. We invite ALL viewpoints, no matter how different they are from ours.


    Every item on the 8-points is a result of my experience with your problem, thought and consideration and reflects your input. There is no way I will come up with a "perefct" solution. But I am trying to get as close to the root of the problems as possible.

    The most important time is this coming week. I had asked the government to cooperate on our class action motion, so we can get a quick resolution. If they intend to oppose it, I know, chances of settlement are small. Becuase they, as an institution, do not understand unconventional, yet commen sense, approach to litigation and problem solving. My suggestion to them was simple, let us join together to get the class certified in a hurry, so we can move on to either the real litigation or to a settlement. I invited them to not delay matters and waste the court's time. Their first reaction was of surprise. No one had ever asked them to join in such a manner. But to their credit, they had agreed to think it over.

    Now if they come back to me and say let us join together to narrow the scope of the litigation (instead of fighting over nonsense), we know we have a receptive (potential) partner, rtaher than an unthinking opponent. Once cooperation begins, I will present our settlement. If not, I will present it, but I will know that unless we get Congress involved, there will be no settlement.

    I am also hoping that they will see the potential for goodwill here. They have been in the press as villains so long and so often, they need a face lift. If they agree to cooperate with us (the best possible class of people whom the govt can support - leglally here, professional/skilled, smart and responsible), I would want us to reciprocate by issuing positive statements that reflect the truth of their cooperation and consideration.

    If they decide to fight, then I will make it my mission over the next few months/years to find every way I can to hasten the conclusion of this litigation. Rest assured.

    Not much else to add. Be cool all. I will start a new thread, once I hear from the government.
    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

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  10. If they don't settle

    If the goverment is not willing to settle... Our next step should be to get as much attention as possible to this litigation in the media. Such an attention during an election year will force the goverment to do something about this. I think we started the litigation in the best time. Thanks to Mr. Rajiv. All we need is to plan, ways to get media attention. Letters to congressmen won't be enough.

    Here is a crazy idea.

    How about a paid advertisement in TV. The advertisement shouldn't give much information to public. It should make people ask what the heck that advertisement is all about. The curiosity should make the media investigate and present the clear picture in news.

    The adverstisment should show hard working people all over the world living in misery coming to US and then a goverment putting a lease on them and making them work like slave.


    Siva

  11. Re: Some thoughts and impressions

    Dear Mr. Rajiv,

    Well said!! I agree with you! At the same time, I just would like to add my comment on
    Point # 4: “We are proposing “with immediate effect this ‘interim’ approval should be given on a walk-in basis in an orderly manner for the I-485 applications pending for 180 days”.

    I know, this is well and good for every one and also you might have considered following factors:

    (1) How all the local service centers are overcrowded!?.
    (2) How adequate and efficient USCIS staffs are!?.
    (3) At present, the no. of applicants are very high whose application pending for 180 days.
    (4) USCIS already prioritizes backlog reduction in FY2005 budget in order to adjudicate all AOS applications with in 180 days.

    Since approval on a walk-in basis in an orderly manner, I think we need to divide all the applicants (whose application is pending over 180 days) into groups and propose certain timeline priority wise against each group for USCIS to allow and issue ‘interim’ approval.

    I think, these should be defined very well in writing along with our proposal (or verbally during meeting with USCIS) in order for our proposal looks genuine and acceptable.

    P.S.: We have full trust on you and we all have our full support on whatever you think appropriate for the whole community regardless of difference in opinion among few members.


    Originally posted by operations
    Folks, I think we have about exhausted useful discussion. My general sense is that this is a good point to submit our settlement to CIS.

    I want you to refrain from attacking each other's view points to the point of getting personal. No need. We invite ALL viewpoints, no matter how different they are from ours.


    Every item on the 8-points is a result of my experience with your problem, thought and consideration and reflects your input. There is no way I will come up with a "perefct" solution. But I am trying to get as close to the root of the problems as possible.

    The most important time is this coming week. I had asked the government to cooperate on our class action motion, so we can get a quick resolution. If they intend to oppose it, I know, chances of settlement are small. Becuase they, as an institution, do not understand unconventional, yet commen sense, approach to litigation and problem solving. My suggestion to them was simple, let us join together to get the class certified in a hurry, so we can move on to either the real litigation or to a settlement. I invited them to not delay matters and waste the court's time. Their first reaction was of surprise. No one had ever asked them to join in such a manner. But to their credit, they had agreed to think it over.

    Now if they come back to me and say let us join together to narrow the scope of the litigation (instead of fighting over nonsense), we know we have a receptive (potential) partner, rtaher than an unthinking opponent. Once cooperation begins, I will present our settlement. If not, I will present it, but I will know that unless we get Congress involved, there will be no settlement.

    I am also hoping that they will see the potential for goodwill here. They have been in the press as villains so long and so often, they need a face lift. If they agree to cooperate with us (the best possible class of people whom the govt can support - leglally here, professional/skilled, smart and responsible), I would want us to reciprocate by issuing positive statements that reflect the truth of their cooperation and consideration.

    If they decide to fight, then I will make it my mission over the next few months/years to find every way I can to hasten the conclusion of this litigation. Rest assured.

    Not much else to add. Be cool all. I will start a new thread, once I hear from the government.

  12. Join Date
    Mar 2003
    Location
    Newjersey
    Posts
    2,659

    Double Attack

    Lawsuit is our first attack on the USCIS. But these lawsuits may take long time to yield any result and also there is no guarantee that the court will give a favourable ruling to us. Never the less, i am a strong believer in the lawsuit against CIS because it puts enormous pressure on them (CIS) to change their way of working because they don't want their horrible way of working to be nakedly exposed in the court. So far they have enjoyed their unopposed freedom to work what ever way they like and they acted like they were answerable to none. This law suit reverses all that style.
    There is a way to make CIS to take this lawsuit very seriously and force them to settle with us. We have to contact as many congress men and senators as possible and ask them to question the working style of USCIS. When those people start asking the CIS directors about the inaction of CIS, then they (CIS directors) will see a risk to their jobs and then they will look to really act and settle this lawsuit to avoid the public glare at them.
    So we need to attack them from two sides. The core team(senior members of this forum have formed a team) has formed an organisation to fight the backlogs and we are almost ready to collect funds. We will use these funds to hire some lobbyists who will meet the congress men and Senators to present our problems to them. Sending Emails and meeting a few congress men by a few people has not really shown much results so far. We need to step up and do things in a more professional and sustained manner.
    Last edited by dsatish; 22nd February 2004 at 12:36 PM.
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  13. Folks, I think we have about exhausted useful discussion. My general sense is that this is a good point to submit our settlement to CIS.
    Well said Rajiv, cannot agree more. we will wait at see what's happening next week.

    dsatish, please just let us know when we could send in the funds.
    RD: 12/01
    FP1: 5/02
    FP2: 9/03
    AD: 5/04

  14. Kasmir,

    As you have highlighted in the senetor note: "I have been notified that due to pending litigation, he cannot comment on any more inquiries regarding this issue".

    Let me describe my own experince (as I posted this detail in my previous post) that we also faced similar hurdle when we went to USCIS Atlanta local office to get an interim EAD on 02/17/2004 since our EAD expired on 02/21/2004. After counter lady refused to issue token since our 90 days were not over, I am able to convince security guy to help me out. He gave me the officer name and guidance on how/where to approach him. I met this officer and after explaining my whole situation, he asked me to contact main officer (who is authorized to sign) by giving his name. I met the main officer and told him that Mr. xxx had asked me to contact you for my interim EAD issue. He didn’t listen to any thing and asked me to meet the officer who is handling EAD card dept. Finally, I met the officer who was handling EAD card dept and he was finally ready to issue interim EAD card for 8 months after explaining my situation. He went to take the signature of that main officer, whom I already met, on my original filed application and when the main officer looked in detail and found that I am from EB category, he refused to sign saying that ‘forget it since you are from EB category’. He said he don’t care about my situation and comeback after March 04, 2004.

    Event though, it was my mistake that I didn’t applied EAD renewal before 90 days, I felt that the main officer did a discrimination against me and EB category, since the two officers, including the officer who was handling EAD dept. were agreed to issue interim EAD before 90 days since my EAD was expiring and this officer couldn’t have gone to take signature at the first place, if they have strict rule/policy.

    Thank you!

    Originally posted by kashmir
    http://immigrationportal.com/showthr...763#post699747
    Today, HowMuchLonger, one of CSC forum mebers, received a letter from Congresswoman Anna Eshoo (D CA 14th) as follows: Our Litigation seems to have been informed to Service Center Directors who are Defendants.

    CSC forum members had sent about 100 e-mails to Congresswoman Anna Eshoo and CSC Director Don Neufeld in January 2004
    to follow up Don Neufeld's promise to Anna Eshoo so that Don Neufeld will significantly increase adjudication resource to I-485 by April 2004.

    The Court is not only the place to fight.
    Please be prepared to contact your Congressional members or Media in your area.
    It is each one's responsibility not only for Plaintiffs and Core Team members but also for everyone to be involved in this litigation.

  15. Re: Double Attack

    dsatish,

    I agree with you..I am also in touch with Senator Saxby Chambliss office since I am in Georgia..I will make use of my 2 weeks of leave of absence due to EAD expired to meet him personly to explain my situation and our case also.

    Thank you!


    Originally posted by dsatish
    Lawsuit is our first attack on the USCIS. But these lawsuits may take long time to yield any result and also there is no guarantee that the court will give a favourable ruling to us. Never the less, i am a strong believer in the lawsuit against CIS because it puts enormous pressure on them (CIS) to change their way of working because they don't want their horrible way of working to be nakedly exposed in the court. So far they have enjoyed their unopposed freedom to work what ever way they like and they acted like they were answerable to none. This law suit reverses all that style.
    There is a way to make CIS to take this lawsuit very seriously and force them to settle with us. We have to contact as many congress men and senators as possible and ask them to question the working style of USCIS. When those people start asking the CIS directors about the inaction of CIS, then they (CIS directors) will see a risk to their jobs and then they will look to really act and settle this lawsuit to avoid the public glare at them.
    So we need to attack them from two sides. The core team(senior members of this forum have formed a team) has formed an organisation to fight the backlogs and we are almost ready to collect funds. We will use these funds to hire some lobbyists who will meet the congress men and Senators to present our problems to them. Sending Emails and meeting a few congress men by a few people has not really shown much results so far. We need to step up and do things in a more professional and sustained manner.

  16. Re: Double Attack

    Originally posted by dsatish
    Lawsuit is our first attack on the USCIS. But these lawsuits may take long time to yield any result and also there is no guarantee that the court will give a favourable ruling to us. Never the less, i am a strong believer in the lawsuit against CIS because it puts enormous pressure on them (CIS) to change their way of working because they don't want their horrible way of working to be nakedly exposed in the court. So far they have enjoyed their unopposed freedom to work what ever way they like and they acted like they were answerable to none. This law suit reverses all that style.
    There is a way to make CIS to take this lawsuit very seriously and force them to settle with us. We have to contact as many congress men and senators as possible and ask them to question the working style of USCIS. When those people start asking the CIS directors about the inaction of CIS, then they (CIS directors) will see a risk to their jobs and then they will look to really act and settle this lawsuit to avoid the public glare at them.
    So we need to attack them from two sides. The core team(senior members of this forum have formed a team) has formed an organisation to fight the backlogs and we are almost ready to collect funds. We will use these funds to hire some lobbyists who will meet the congress men and Senators to present our problems to them. Sending Emails and meeting a few congress men by a few people has not really shown much results so far. We need to step up and do things in a more professional and sustained manner.
    I fully agree to you dsatish. I am waiting for such a group to be formed. As I read in some other post that this group wll work for ALL issues pertaining to group as a whole - makes it even more worthwhile. Idea gets better once we pool funds for lobbying from Senators and Congress Men - we are strongest community in terms of money - we must know and everyone else must know it too. Money speaks - we must utilize it to save our interests.

    Rajiv - not just for this lawsuit but also for providing a portal to express, share and bring people together - the whole group owes you a lot. I owe some more for my off-track arguments whenever provoked. Thanks a lot Rajiv and good job dsatish. Keep updated.

    P.S. dsatish - could you send link of your and group's effort so that I can follow it?
    Last edited by Jharkhandi; 22nd February 2004 at 01:47 PM.

  17. IMPORTANT

    I think we laid down a lot, but a couple of points need to be summarised:

    1: How about using the term "GC or Permanent lawful resident" instead of any other term including "interim", "conditional", etc.
    otherwise, we invite discrimination and accept the Security Checks and multiple FPs, which not only are the root cause but they are also unconstitutional. Why our GCs should be any different than the ones six months ago, for example? After all we are not even qualified for a DoD or any other Top Security Clearance (as we are not Citizens) and this one takes only a shorter amount of time than an adjudication of a I-485.

    2: If Citizenship problem (derivative of I-485 backlogs) is purely with Congress, what else can we ask for the people who have been waiting for two years or more?

    3: If there is no good will, let them know that they most probably violated the allocation of numbers of visas for the EB-I-485 category for the years 2001-2004. The number of 140,000 was never fully utilized per year! (see Asylee case also).

  18. Re: Double Attack

    Originally posted by dsatish
    Lawsuit is our first attack on the USCIS. But these lawsuits may take long time to yield any result and also there is no guarantee that the court will give a favourable ruling to us. Never the less, i am a strong believer in the lawsuit against CIS because it puts enormous pressure on them (CIS) to change their way of working because they don't want their horrible way of working to be nakedly exposed in the court. So far they have enjoyed their unopposed freedom to work what ever way they like and they acted like they were answerable to none. This law suit reverses all that style.
    There is a way to make CIS to take this lawsuit very seriously and force them to settle with us. We have to contact as many congress men and senators as possible and ask them to question the working style of USCIS. When those people start asking the CIS directors about the inaction of CIS, then they (CIS directors) will see a risk to their jobs and then they will look to really act and settle this lawsuit to avoid the public glare at them.
    So we need to attack them from two sides. The core team(senior members of this forum have formed a team) has formed an organisation to fight the backlogs and we are almost ready to collect funds. We will use these funds to hire some lobbyists who will meet the congress men and Senators to present our problems to them. Sending Emails and meeting a few congress men by a few people has not really shown much results so far. We need to step up and do things in a more professional and sustained manner.
    GOOD WORK ALL OF YOU. Thanks again to Mr.Rajiv for the timely help to the immigrant community.

    DSatish,
    Tell us how we can help you in sending funds, organizing funds and any other possible way. Let us all fight this together and see if we benefit as it goes...

  19. Join Date
    Jun 2003
    Location
    Michigan 9th District
    Posts
    2,450

    Core Team Activities

    Check for various thread on I-485 forum, especially VSC, CSC, TSC and NSC I-485 forum for Core team activities or Project Ocean activities.

  20. Advertisements

    Good idea.

    The general and reasonable opinion in media today seems to that the "immigration system in this country is broken."

    Through advertisement, we could bring more attention to our efforts (petitions, lawsuite, etc) towards making the immigration process reasonable.

    Print media may be better to begin with and cheaper (although i don't question our ability to raise funds if thats what we focus on).

    Also, probably a good idea to stay away from controversial or political issues.

    In the end what most of us (despite our somewhat passionate differences) are looking for is a reasonable immigration process and I belive we share this point in common with the larger US population who is also interested in fixing a "broken" immigration system.

  21. Re: If they don't settle

    This is one idea, but I personally think hiring lobbist is more effective and has a more direct and quicker influence on legislator. Of couser, if we can clollect enough money, we can even have triple or quadruple attack.


    Originally posted by ClevelandGuru
    If the goverment is not willing to settle... Our next step should be to get as much attention as possible to this litigation in the media. Such an attention during an election year will force the goverment to do something about this. I think we started the litigation in the best time. Thanks to Mr. Rajiv. All we need is to plan, ways to get media attention. Letters to congressmen won't be enough.

    Here is a crazy idea.

    How about a paid advertisement in TV. The advertisement shouldn't give much information to public. It should make people ask what the heck that advertisement is all about. The curiosity should make the media investigate and present the clear picture in news.

    The adverstisment should show hard working people all over the world living in misery coming to US and then a goverment putting a lease on them and making them work like slave.


    Siva

  22. Google AdWords pointing to a website explaining our issues may be the most cost effective way. All we really want is for some print/tv journalists to pick up on this issue.

  23. Govt. has refused to cooperate on one issue at least

    Here is some of the relevant parts of their e-mail:


    "Sun, 22 Feb 2004 16:30:43 -0500 (EST)
    Rajiv, I wanted to get back with you regarding your class cert. stipulation proposal. We had two meetings over here to discuss your proposal. However, after review of your proposal it does not look like DOJ can agree to it.....Finally, when can we expect your list of proposed settlement topics? Best regards"


    At this point, I intend to present our settlement request this week. If they do not agree, we will go full steam ahead with the litigation. I intend to hire one more law clerk to devote full attention to our case. Upon refusal of our proposal, we will expose the shamfeul results of these delays. We have cases of people suffering horribly because of CIS.

    Take care all. Do not lose heart. We won the day we filed the lawsuit. Rest all is just effort.
    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
    Twitter
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  24. Clarification of government response?

    Mr. Khanna, could you please clarify the section that you copied into your last message? What does "class cert. stipulation proposal" refer to? How is it different from the list of settlement topics you have compiled?

    Thank you.

  25. Re: Clarification of government response?

    Originally posted by mustbepatient
    Mr. Khanna, could you please clarify the section that you copied into your last message? What does "class cert. stipulation proposal" refer to? How is it different from the list of settlement topics you have compiled?

    Thank you.

    Read my last post on this thread please.

    http://boards.immigration.com/showth...&pagenumber=27


    The most important time is this coming week. I had asked the government to cooperate on our class action motion, so we can get a quick resolution. If they intend to oppose it, I know, chances of settlement are small. Becuase they, as an institution, do not understand unconventional, yet commen sense, approach to litigation and problem solving. My suggestion to them was simple, let us join together to get the class certified in a hurry, so we can move on to either the real litigation or to a settlement. I invited them to not delay matters and waste the court's time. Their first reaction was of surprise. No one had ever asked them to join in such a manner. But to their credit, they had agreed to think it over.

    Now if they come back to me and say let us join together to narrow the scope of the litigation (instead of fighting over nonsense), we know we have a receptive (potential) partner, rtaher than an unthinking opponent. Once cooperation begins, I will present our settlement. If not, I will present it, but I will know that unless we get Congress involved, there will be no settlement.


    Last edited by Rajiv S. Khanna; 22nd February 2004 at 09:28 PM.
    Rajiv S. Khanna; Law Offices of Rajiv S. Khanna, PC - Your Host
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  26. Re: Govt. has refused to cooperate on one issue at least

    Originally posted by operations
    Here is some of the relevant parts of their e-mail:


    "Sun, 22 Feb 2004 16:30:43 -0500 (EST)
    Rajiv, I wanted to get back with you regarding your class cert. stipulation proposal. We had two meetings over here to discuss your proposal. However, after review of your proposal it does not look like DOJ can agree to it.....Finally, when can we expect your list of proposed settlement topics? Best regards"


    At this point, I intend to present our settlement request this week. If they do not agree, we will go full steam ahead with the litigation. I intend to hire one more law clerk to devote full attention to our case. Upon refusal of our proposal, we will expose the shamfeul results of these delays. We have cases of people suffering horribly because of CIS.

    Take care all. Do not lose heart. We won the day we filed the lawsuit. Rest all is just effort.
    Rajiv,

    I am sure of victory the day you started. I know it is matter of time(maybe a little longer now). All the best from core of my heart.
    Last edited by Jharkhandi; 22nd February 2004 at 09:47 PM.

  27. Re: Double Attack

    Originally posted by dsatish
    Lawsuit is our first attack on the USCIS. But these lawsuits may take long time to yield any result and also there is no guarantee that the court will give a favourable ruling to us. Never the less, i am a strong believer in the lawsuit against CIS because it puts enormous pressure on them (CIS) to change their way of working because they don't want their horrible way of working to be nakedly exposed in the court. So far they have enjoyed their unopposed freedom to work what ever way they like and they acted like they were answerable to none. This law suit reverses all that style.
    There is a way to make CIS to take this lawsuit very seriously and force them to settle with us. We have to contact as many congress men and senators as possible and ask them to question the working style of USCIS. When those people start asking the CIS directors about the inaction of CIS, then they (CIS directors) will see a risk to their jobs and then they will look to really act and settle this lawsuit to avoid the public glare at them.
    So we need to attack them from two sides. The core team(senior members of this forum have formed a team) has formed an organisation to fight the backlogs and we are almost ready to collect funds. We will use these funds to hire some lobbyists who will meet the congress men and Senators to present our problems to them. Sending Emails and meeting a few congress men by a few people has not really shown much results so far. We need to step up and do things in a more professional and sustained manner.
    I agree 100 % with dsatish. Is there a seperate thread to discuss fund-raising efforts?

  28. Join Date
    Mar 2003
    Location
    Newjersey
    Posts
    2,659

    Brain Storm Session

    Rajiv,
    How about having a brain storming conference call (with 10 selected members from this thread) to go over and if necessary refine our proposals to CIS ? I suggest that we do it on Tuesday noon. If we make it during the lunch time (12pm to 1pm) atleast those who can make it can dial in from their cell phones during lunch break. If you agree for the conference call, then let us pick 10 people based on their level of participation and diverse views.
    Since you told that you will be sending the proposals this week, it's better to have this conference call within 2 days.
    Last edited by dsatish; 22nd February 2004 at 11:51 PM.
    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

  29. Join Date
    Mar 2003
    Location
    Newjersey
    Posts
    2,659

    Core Team

    Originally posted by Pineapple
    I agree 100 % with dsatish. Is there a seperate thread to discuss fund-raising efforts?
    Many of you are asking about Where do Core team members discuss their actions. The core team is formed about 6 months back to fight the I485 backlogs. We used to discuss our course of action in the following thread. How ever, for the past 2 months, we are communicating only through Emails(we have set up a yahoogroups Email ID for core team). We are a team of about 15 people. In future we will expand the size and at that time, we will invite some of the active members lhere, ike Jharkandi, hidden_dragon, functionalert etc.

    Core team thread :

    http://boards.immigrationportal.com/...877#post699877
    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

  30. Great work Rajeev (and offcourse all of you) who have given so much time and effort for just cause.

    Please let us know if we can help in anyway apart from the monetary aspect. Like sending emails or mails to the congress person thru our citizen friends or something of that nature.

    PD-- 2/02
    ND-- 01/27/03
    FP -- 03/11/03, 07/15/04
    EAD -03/18/03, 02/18/04, 1/6/2005
    AP - 05/27/03
    140 RFE - 10/08/03 - more evidence about exp - RFE received - 11/18/03
    140 - 12/11/03
    485 RFE received - W2, I94, emplyrs interest in hiring, remuneration & job desc - 8/16/04 - recd RFE response - 9/7/04
    FBI Name check - 3/7/03
    485 - 3/31/05
    PS - 4/15/05
    LUD - 4/28, 5/9, 5/10
    CO - 5/10
    CM - 5/14
    CR - 5/17

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