Settlement Memorandum Sent

[Rajiv S. Khanna]

I have sent to the govt, our settlement memo. Attached.

I will keep you updated as and when I hear something back.

[cmr]

Excellent, now the ball is in their court.

Rajiv, how long do/can the defendents usually take to respond to such settelement proposals?

Thanks one more time for all your efforts.

-cmr

[Ashwini401]

Great Job Mr. Rajeev.
You have blessing of all of us who is suffering in this funky system.
One question I belive all of us wanted to know that "what is your gut feeling on acceptance or rejection of this 8 point settlement by Tom Ridge or his asscociate". Is this possible for you to put any comment here?. Thanks once again.

[Rajiv S. Khanna]

...that they are considering our proposal in good faith. I have no reason to doubt them. I do not subscribe to the notion that the govt. is evil - just indifferent and slow, many times.

Hang tight.

[zyu]

Thanks Rajiv's fabulous work and tremendous efforts on this.

I have a late comment regarding #4. I believe that adopting conditional approval will just give CIS another excuse to further delay the processing. I think it is better to give them a more reasonable and realistic timeframe, say, 1 year for 485 processing.

[hidden_dragon]

I believe all these points are negotiable - if we trust goverment has a good faith.

Originally posted by zyu
Thanks Rajiv's fabulous work and tremendous efforts on this.

I have a late comment regarding #4. I believe that adopting conditional approval will just give CIS another excuse to further delay the processing. I think it is better to give them a more reasonable and realistic timeframe, say, 1 year for 485 processing.

[vrajbhumi]

Originally posted by operations
...that they are considering our proposal in good faith. I have no reason to doubt them. I do not ascribe to the notion that the govt. is evil - just indifferent and slow, many times.

Hang tight.

Wonderful news. "RAJIV TUM JIYO HAZARO SAL, SAL ME HO DEN PACHAS HAZAR". The assurance from the government that they are considering our proposal in good faith is in a way of there acknowledgement of our sufferings. I wish Rajiv would have been my attorney. THANKS THANKS THANKS THANKS

[lca_001]

Zyu,

This has been discussed many a times rather passionately, however it was decided to make it 180 days because many feel that is enough time to process an application, and also because that is what President Bush has expressed his desire to be - which is the benchmark Rajiv and others used to come up
with the number.

001

Originally posted by zyu
Thanks Rajiv's fabulous work and tremendous efforts on this.

I have a late comment regarding #4. I believe that adopting conditional approval will just give CIS another excuse to further delay the processing. I think it is better to give them a more reasonable and realistic timeframe, say, 1 year for 485 processing.

[rajum]

Originally posted by lca_001
Zyu,

This has been discussed many a times rather passionately, however it was decided to make it 180 days because many feel that is enough time to process an application, and also because that is what President Bush has expressed his desire to be - which is the benchmark Rajiv and others used to come up
with the number.

001

lca_001,
It is because AC 21 defines the backlog as the petition which is pending more than 180 days. And the same AC 21 said that backlogs should be eliminated within one year from the commencement of that act which is Oct, 2000. We already waited for three years and CIS is no where in eliminating the backlogs...


-rajum

[Rajiv S. Khanna]

We want a green card approval. That is the only item that truly eliminates almost all existing sufferning and future problems. I intend to stand unyielding on that. The periphery of these provisions can be discussed. But the core is immutable. We will not change on that.

[vrajbhumi]

Originally posted by operations
We want a green card approval. That is the only item that truly eliminates almost all existing sufferning and future problems. I intend to stand unyielding on that. The periphery of these provisions can be discussed. But the core is immutable. We will not change on that.

Well said. When the going gets tough, the tough gets going

[rajum]

Originally posted by operations
We want a green card approval. That is the only item that truly eliminates almost all existing sufferning and future problems. I intend to stand unyielding on that. The periphery of these provisions can be discussed. But the core is immutable. We will not change on that.

Well said Rajiv. Lets hope that CIS and judge sees the rationality in our demand. Even if we lose, lets go down rather than compromising on it....

-rajum

[ar888]

Originally posted by operations
I intend to stand unyielding on that.

Well said, really appreciate it.

[kuldeepc]

Howmuch ever I like the the rationale behind #4 and the beauty and simplicity of implementing it, I am not sure it will be an easy win even if the USCIS agrees, in principle.

This might require an act of congress to amend the I485 adjudication process if it does not completely fall within the ambit of the existing policy. If there is even a slight doubt on that, USCIS will say that we need to impress up on the legislators to make that happen. any opinions?

Without a continued concerted effort and more community involvement, I think USCIS will at the most agree to study in detail a few proposals and implement them in the due course (2 year EAD and stuff). They will for sure expedite approval of those plaintiff's whose application were received before the current JIT date and maybe approve others, at the most. They will make promises to reduce backlog by provisioning for it in the next fiscal budget proposal.

We can however, hopefully, change this course, if a lot more people express their opinion by signing the petition and continue to put pressure on their local representatives.

[Rajiv S. Khanna]

Originally posted by kuldeepc
Howmuch ever I like the the rationale behind #4 and the beauty and simplicity of implementing it, I am not sure it will be an easy win even if the USCIS agrees, in principle.

This might require an act of congress to amend the I485 adjudication process if it does not completely fall within the ambit of the existing policy. If there is even a slight doubt on that, USCIS will say that we need to impress up on the legislators to make that happen. any opinions?

Without a continued concerted effort and more community involvement, I think USCIS will at the most agree to study in detail a few proposals and implement them in the due course (2 year EAD and stuff). They will for sure expedite approval of those plaintiff's whose application were received before the current JIT date and maybe approve others, at the most. They will make promises to reduce backlog by provisioning for it in the next fiscal budget proposal.

We can however, hopefully, change this course, if a lot more people express their opinion by signing the petition and continue to put pressure on their local representatives.

An Act of Congress should not be required. This is jus a procedural change.

[getit]

Dear Rajiv,

Do you have an expectation that how long they need to consider our proposal and give you a response? Do they have to give you a reply by Mar. 22 before the extension expires?

Thanks.

[Singhflying]

Hi Raji and group,
Thanks a ton for your helping the to be immigrant community. ( I am yet in the labor stage.....quite painful any way to get the labor certificate delivered!!!!!)
Do you think we need to send this proposal to our senators and/or congress man/woman to build pressure or should we wait and watch? They may be able to use this proposal during their up coming debate on immigration.

Regards
Singh

[hidden_dragon]

I think it's definitely good idea. At least it conveys the concerns of the majority of legal immigrants.

Originally posted by Singhflying
Hi Raji and group,
Thanks a ton for your helping the to be immigrant community. ( I am yet in the labor stage.....quite painful any way to get the labor certificate delivered!!!!!)
Do you think we need to send this proposal to our senators and/or congress man/woman to build pressure or should we wait and watch? They may be able to use this proposal during their up coming debate on immigration.

Regards
Singh

[Rajiv S. Khanna]

Originally posted by getit
Dear Rajiv,

Do you have an expectation that how long they need to consider our proposal and give you a response? Do they have to give you a reply by Mar. 22 before the extension expires?

Thanks.

We are moving forward on the litigation.

[Rajiv S. Khanna]

Originally posted by Singhflying
Hi Raji and group,
Thanks a ton for your helping the to be immigrant community. ( I am yet in the labor stage.....quite painful any way to get the labor certificate delivered!!!!!)
Do you think we need to send this proposal to our senators and/or congress man/woman to build pressure or should we wait and watch? They may be able to use this proposal during their up coming debate on immigration.

Regards
Singh

The more awareness there is in Congress, the better off we probably are.

[askgc]

Rajiv,

Can we use the story by lawyers on the USCIS phone service
in support of our point 6 in the settlement.

http://www.immigrationportal.com/sho...hreadid=115921

[ss10403]

This is great. You are terrific. I thank you from the bottom of my heart. How long do you think it would be before they reply to the proposal? If everything goes well then, these terms and PERM would change the sorry plight of the immigration community. Thanks once again.

[sunks]

Great Job, Thanks a lot to Rajiv and this group for wonderful job.

I have a suggestion that we try to stick to our 8 points agenda and try to curtail to the minimum possible and that too only if it is mandatory. Like I140 is tarting point of sufferings before I485 so we have to try to keep all of them in line in tandem. Thanks once again for all the efforts. May God bless all and Good luck

[hopeIgetit]

We are moving forward on the litigation.

Rajiv

What do you mean with above, are we going ahead with the class suit...did you hear anything back

Thanks





quote:
--------------------------------------------------------------------------------
Originally posted by getit
Dear Rajiv,

Do you have an expectation that how long they need to consider our proposal and give you a response? Do they have to give you a reply by Mar. 22 before the extension expires?

Thanks.
--------------------------------------------------------------------------------



We are moving forward on the litigation.

[afshin63130]

I have a suggestion:

Don't you think it's better to contact some other immigration organizations and get them involved. By doing this we get more united and will have more power. After all each organization has its own contacts and its own voice.

Like:

AILA.org or ...

What do you think?

Thanks,

[Rajiv S. Khanna]

Originally posted by askgc
Rajiv,

Can we use the story by lawyers on the USCIS phone service
in support of our point 6 in the settlement.

http://www.immigrationportal.com/sho...hreadid=115921

Yes. We can.

[Rajiv S. Khanna]

Originally posted by hopeIgetit
We are moving forward on the litigation.

Rajiv

What do you mean with above, are we going ahead with the class suit...did you hear anything back

Thanks





quote:
--------------------------------------------------------------------------------
Originally posted by getit
Dear Rajiv,

Do you have an expectation that how long they need to consider our proposal and give you a response? Do they have to give you a reply by Mar. 22 before the extension expires?

Thanks.
--------------------------------------------------------------------------------



We are moving forward on the litigation.

So far, the govt has failed to cooperate with us on all suggestions. That could be just the lawyers being cautious. Now the ball is in CIS' court. The lawyers were suggesting we hold off filing the class action motion. I declined. See my response to the govt. today:

"...your client has so far shown us no consideration. Accordingly, rules permitting, I do intend to oppose any enlargements of time. This lawsuit is about delays. I feel duty bound to most vigorously object. Sorry about that."

But they are still thinking about our settlement. The point is, we are not going to sit still while they think things out. I have a time table in mind. We must proceed. If they make me an offer, I will bring it to you all. If not, we fight.

[Rajiv S. Khanna]

Originally posted by afshin63130
I have a suggestion:

Don't you think it's better to contact some other immigration organizations and get them involved. By doing this we get more united and will have more power. After all each organization has its own contacts and its own voice.

Like:

AILA.org or ...

What do you think?

Thanks,

sure. No harm.

[GC_KNR]

This is outstanding Rajiv!!....Exemplary leadership displayed by the core team and yourself........thanks a LOT for your help!

[485Alcatraz]

Rajiv and the Core Team,

Thank you for your superb efforts in the fight for our just cause.

On item #4, I support the unyielding stance taken by Rajiv.

Rajiv, Does this item definition cover the applicants whose cases have been transferred to the local offices and have been waiting for weeks/months for an interview? Specifically EB related? Obviously, we do not want to leave a loophole whereby CIS transfers cases to local offices and claims backlog reduction/elimination.

Thanks & Best Regards.