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

[Groan]

could someone please post minutes ?

[rajum]

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

[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.

[rajum]

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

[gc999999999]

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 ??

[gc_aug_05]

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

[whats_in_name]

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

[Xanthos]

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.

[cinta]

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!!!!!!!!!!!!!!!!!!!

[jhonyrk]

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.

[jkuo44]

A point to add to the above:

If petitioners won't be able to advance their career, then the corporation will have experienced, over-qualified workers clogging junior positions for a long time. The company will have no motivation to raise their salary. So now you have under-paid, experienced workers willing to stay put, and their employers love it.

This means that qualified American citizens will have no chance competing for this job. So, delaying petitioners' approval actually hurts citizens' job opportunities, and it is uscis's fault that this happenned.

[rajum]

Originally posted by jhonyrk
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.

Friend,
I totally agree with you...In my native country there is one proverb...to paraphrase it...
"You can awaken a person who is genuinely sleeping but it is difficult to awaken a person who is feigning it...".

I believe that USCIS is feigning....what shall one do for a person who feigns ? To me the answer is pretty crystal clear...

-rajum

[yellowcard]

Why did I apply EADs while I have H1-B? (I had applied 3 EADs. May need the 4th one)

1. My company is cutting jobs. I will need EAD incase of lay-off. I may not need the EAD if USCIS can provide it 'immediately' when I need. Unfortunately, we need to wait for 3 months or more to get it.

2. I want to have the option to visit my home country in case of emergency. It's not easy to get the H1-B visa in my home country. I will need EAD after I come back to USA. Futhermore, I heard the stories that some guys have to wait for 6 months to get the H1-B visa because of security check.

3. My H1-B will expire very soon. According to the compnay's policy, it can't be extended because I can have the EAD.

4. My wife wants to work.

[yellowcard]

What is "orderly processing"?

In VSC, there is no orderly processing. Unfortunately, in Philadelphia office, they are trying to perform "orderly processing".

My case was transfered to Philadelaphia in September 2003. Recently, they notified me that they "received" my case. They also told me that I need to wait for about 15 months to schedule an interview. They treat my case as the newly filed case. They "don't care" the 1.5 years spent in VSC and 0.5 year spent on they way from VSC to philadelphia. I did visited Philedalphia office and asked whether they would consider the time spent in VSC. A rude officier told me: we don't care.


---------------------
VSC RD: March 2002
VSC ND: April 2002
FP: June 2002
TD: September 2003
Philadelaphia ND: April 2004
Estimated interview date: July 2005

[rajum]

Originally posted by yellowcard
Why did I apply EADs while I have H1-B? (I had applied 3 EADs. May need the 4th one)

1. My company is cutting jobs. I will need EAD incase of lay-off. I may not need the EAD if USCIS can provide it 'immediately' when I need. Unfortunately, we need to wait for 3 months or more to get it.

2. I want to have the option to visit my home country in case of emergency. It's not easy to get the H1-B visa in my home country. I will need EAD after I come back to USA. Futhermore, I heard the stories that some guys have to wait for 6 months to get the H1-B visa because of security check.

3. My H1-B will expire very soon. According to the compnay's policy, it can't be extended because I can have the EAD.

4. My wife wants to work.

As decided yesterday in the conference call, why don't we ask people to write their hardships and if they are willing to give affidavits for Rajiv to file in the court...

Rajiv,
I volunteer myself to send you an affidavit of my bitter experiences with USCIS and also my hardships for not getting GC... If necessary, you can count me to call for testimony to the court in Virginia.

Most people might wonder on the definition of hardships...we can debate on that also...



-rajum

[dsatish]

Originally posted by yellowcard
What is "orderly processing"?

In VSC, there is no orderly processing. Unfortunately, in Philadelphia office, they are trying to perform "orderly processing".

My case was transfered to Philadelaphia in September 2003. Recently, they notified me that they "received" my case. They also told me that I need to wait for about 15 months to schedule an interview. They treat my case as the newly filed case. They "don't care" the 1.5 years spent in VSC and 0.5 year spent on they way from VSC to philadelphia. I did visited Philedalphia office and asked whether they would consider the time spent in VSC. A rude officier told me: we don't care.


---------------------
VSC RD: March 2002
VSC ND: April 2002
FP: June 2002
TD: September 2003
Philadelaphia ND: April 2004
Estimated interview date: July 2005

My dear friend,
Nobody cares for immigrants in this country until you get your GC. We will have extra special harsh treatment from the immigration authorities. This is the reason behind forming "immigrationportal.org" as an organization to unite the legal immigrants in their fight against injustice. We formed the organization with big ideals, thinking that thousands of people who visit this site will make donations for this just cause. Rajiv Khanna has accpepted to be a director because he wanted to help the immigrants in fighting the injustice. We assumed that every body here will not hesitate to make a $100 donation for their own cause. It was a real shock to see that very few people are actually contributing. If people do not want to help themselves, who will help them ?
I am not doing any marketing for any organization here. The organization belongs to all the members of this forum and the main people who run this organization are members of this forum whose I485 application is pending or just recently approved. We all have great jobs and a service oriented mind. We do not spend the money towards any personal expenses or reimbursements for the time we spend on this organization. All our service and time is a free service. Your contributions will be only used to hire people who will represent our organization at all levels, to meet all the congress men, for running the web site, printing the stationary, paying the accountant, legal expenses (if any) etc.

It is time for people like you to join the fight against the backlogs by making contributions at www.immigrationportal.org.

For latest news about fund collection, please see the following thread :
http://boards.immigrationportal.com/...hreadid=122531

[jkuo44]

Absolutely agree. If we fight for the right cause, we will win.

Now that the seed money starts to accumulate, we need to be thinking about the long term sustainability of ip.org. If it's going to hire full time employees, salaries need to be paid year after year. So we need to derive other source of income besides relying on donations and fund drives.

I was thinking about fee based membership. For $40 a year, for example, the site can provide some information/assistance to members, and these service are done by ip.org's volunteers. For example, at CSC forum, Kashmir coded some software that scans USCIS website for actual progress of I485 cases. Maybe this program can be expanded to regularly scan I140, EAD, and all other kind of petitions as well, and the results shown to paying members. People with these cases pending would be willing to pay a small fee to monitor the actual progress data. We can surely think of some other services that volunteers can do to solicit paying members.

And since ip.org is aimed to help legal EB immigration, we can seek corporate sponcership since this is in their interests too. This is up to debate of course.

These are just a few ideas about the long term life of this organization, to spark some discussion here.

[dawnn]

Originally posted by rajum
As decided yesterday in the conference call, why don't we ask people to write their hardships and if they are willing to give affidavits for Rajiv to file in the court...

Rajiv,
I volunteer myself to send you an affidavit of my bitter experiences with USCIS and also my hardships for not getting GC... If necessary, you can count me to call for testimony to the court in Virginia.

Most people might wonder on the definition of hardships...we can debate on that also...



-rajum

Putting hardships in B&W is good idea but do we really believe USCIS is symphathetic to our sufferings.
I guess along with hardships everyone should end the essay in explaining how would getting green card would help economy, job market etc. One might put that he/she is waiting for GC to buy his/her house, buy car, invest into business, etc.

Lets talk in the language that they understand.

[Ashwini401]

Can we expect to see the minutes of Meeting ?? I hope minutes must have been reviewed now. Thanks

[rajum]

Originally posted by dawnn
Putting hardships in B&W is good idea but do we really believe USCIS is symphathetic to our sufferings.
I guess along with hardships everyone should end the essay in explaining how would getting green card would help economy, job market etc. One might put that he/she is waiting for GC to buy his/her house, buy car, invest into business, etc.

Lets talk in the language that they understand.

It is not for the USCIS...we need not convince USCIS..they are not bothered..it is for our law suit...to present to the court..

We need to identify a master list of hardships and let people volunteer to present an affidavit to the court.. and we need some more volunteers to give a disposition in court if necessary.

-rajum

[Rajiv S. Khanna]

We have been working hard on it. I will post the final version once I am done with it.