**** 7 September 2004 - New Developments in the I-485 Litigation ****

[Rajiv S. Khanna]

The govt. was resisting our efforts to get documents from them. Last week, we had a hearing with the Judge over the phone. I briefly noted for the court how difficult it had been for us to get depositions scheduled. The Govt. tried not to produce docs and the judge ruled against them. They have been given until the 15th of Sept. to produce the documents that they do not object to. Let us see what we can obtain.

We have been scheduled for a status hearing on the 24th September. Basically, we will need to tell the Court where this case is headed. While nothing major is likely to happen, it would be nice to see some of you make it out there. The hearing is on Friday, come if you can.

Regards to all. Rajiv.

 

[Rajiv S. Khanna]

One more thing

The govt is resisting our attempt to get more depositions. I will try to reason with them. If that effort fails, we will let the court decide.

 

[peeved]

No surprise there at all. Your probing questions in Mr Pierre's deposition has made them uncomfortable and wary. Whether we know it or not, they probably feel we're onto something that, if uncovered, could be embarrassing for them.

The government does know, however, that, at least for now, time is on their side. So are the entire bureaucratic resources.

You're like David that took on Goliath. I fervently pray, the outcome isn't any different than David's either.

Did the government give us any reasons for resisting any further depositions? What was the court's stance on the subject of depositions?

I live in CA, but I'll definitely give it a shot to come for the hearing if I can get some time off. I'll apply for leave tomorrow. If I can't swing it, I'll be with you folks in spirit.

Good luck and God speed!

 

[Rajiv S. Khanna]

No surprise there at all. Your probing questions in Mr Pierre's deposition has made them uncomfortable and wary. Whether we know it or not, they probably feel we're onto something that, if uncovered, could be embarrassing for them.

The government does know, however, that, at least for now, time is on their side. So are the entire bureaucratic resources.

You're like David that took on Goliath. I fervently pray, the outcome isn't any different than David's either.

Did the government give us any reasons for resisting any further depositions? What was the court's stance on the subject of depositions?

I live in CA, but I'll definitely give it a shot to come for the hearing if I can get some time off. I'll apply for leave tomorrow. If I can't swing it, I'll be with you folks in spirit.

Good luck and God speed!

The govt. feels we have enough info and they have provided us what we we asked for. I disagree. We have not yet taken this to court.

I do not want you folks to try too hard to come. It is not that big a deal. But people who are closer should come. Make it a long weekend.

 

[Jharkhandi]

Good job Rajiv. Now it is high time for court to allow a class certification. For me - it is a test of American judiciary - whether it is really free or not!

Let truth prevail.

 

[tmc]

thank you for the fight Rajiv...

hopefully the judge sees our troubles. GOD BLESS!!!

 

[lcaNY]

Govt. documents

Rajiv,
If I remember, the ombudsman Prakash Khatri investigating into the backlog also had requested for similar documents from Govt.
Any idea did he get them?

 

[Rajiv S. Khanna]

They must have

Rajiv,
If I remember, the ombudsman Prakash Khatri investigating into the backlog also had requested for similar documents from Govt.
Any idea did he get them?

Not sure.

 

[yellowcard]

Rajiv,
If I remember, the ombudsman Prakash Khatri investigating into the backlog also had requested for similar documents from Govt.
Any idea did he get them?

I assumed that the ombudsman was our friend. Now I have to re-think about it. I sent an inquiry to him one months ago, but didn't get any response. Not even an automatic email-reply. A friend in this forum suggested that the ombudsman was not active after the report to the congress was submitted.

 

[sreddy88]

I assumed that the ombudsman was our friend. Now I have to re-think about it. I sent an inquiry to him one months ago, but didn't get any response. Not even an automatic email-reply. A friend in this forum suggested that the ombudsman was not active after the report to the congress was submitted.

No response for me either from Ombudsman since 6 weeks.

 

[peeved]

The govt. feels we have enough info and they have provided us what we we asked for. I disagree. We have not yet taken this to court.

Who are they fooling? Do they really believe we'll fall for it or is it really their IQ?

Which part of our petition made them feel "I don't know" was the information we were seeking?!!!

Rhetoric aside, I sure hope the honorable judge sees through their argument to say the least.

In case they continue to disagree and this has to be decided in court, what are our options? What can the honorable judge do under the law? Can he censure them and/or order them to cooperate/produce further witnesses for deposition? Can he go straight for the class certification? Can we request a motion for class certification based on the answers provided by Mr Pierre in his deposition? Where do we go from here???

Regards,

 

[Rajiv S. Khanna]

Who are they fooling? Do they really believe we'll fall for it or is it really their IQ?

Which part of our petition made them feel "I don't know" was the information we were seeking?!!!

Rhetoric aside, I sure hope the honorable judge sees through their argument to say the least.

In case they continue to disagree and this has to be decided in court, what are our options? What can the honorable judge do under the law? Can he censure them and/or order them to cooperate/produce further witnesses for deposition? Can he go straight for the class certification? Can we request a motion for class certification based on the answers provided by Mr Pierre in his deposition? Where do we go from here???

Regards,

The Court can force them to comply with discovery. No question. We will see what the judge wants when we go in on the 24th. That will give us a good sense of the court's mind, hopefully.

 

[lycos_999]

We will Win the Case

Simple Logic.

USCIS is not able to approve the cases that are filed in FEB-2004, BUT approves cases filed in October or November or December.

Cases filed in Feb-2004 and submitted rfe and done 2nd fingerprints are still waiting while uscis approves december cases.
According to deposition document, a case gets rfe when it is ready to adjudicate and the officer did not find enough information. They say when they receive response to the RFE they would make a decision.
Even though they receive response to the RFE they don't approve the case, but they have time to approve the cases filed in December 2002. Is this not a big inefficiency.

Another Inefficiency: Customer Service - 1-800-Wait...
Hiding Information - Looks like USCIS is intentionally hiding the information by not providing details about a case why it is being delayed.

 

[rsk1972]

140 Backlogs & AC21

Rajiv,
Could you please ask them (atleast Nebraska) about pending 140 backlogs...? it's been more than a year since 140's were approved (except random ones here and there) and the processing dates have been at September 15, 2003 for about 4 - 5 months or more.

On one hand, they want an approved 140 to use AC-21 and on the other hand, they wouldn't approve any 140's for unknown reasons. Now it's been more than a year, As time passes more and more people will have to face the same nightmare if they are going to be laid off.

I appreciate what you are doing for us and thank you

 

[Rajiv S. Khanna]

I am trying

Rajiv,
Could you please ask them (atleast Nebraska) about pending 140 backlogs...? it's been more than a year since 140's were approved (except random ones here and there) and the processing dates have been at September 15, 2003 for about 4 - 5 months or more.

On one hand, they want an approved 140 to use AC-21 and on the other hand, they wouldn't approve any 140's for unknown reasons. Now it's been more than a year, As time passes more and more people will have to face the same nightmare if they are going to be laid off.

I appreciate what you are doing for us and thank you

I am trying to see if we can get further depositions.

By the way, the govt. has sent me some documents including standard operating procedures. I am free to post some of them (after I review). So stand by. Some of the mystery will be revealed.

 

[rsk1972]

I am trying to see if we can get further depositions.

By the way, the govt. has sent me some documents including standard operating procedures. I am free to post some of them (after I review). So stand by. Some of the mystery will be revealed.

Thanks Rajiv,
Hopefully USCIS will become more efficient

 

[ZKHAN]

I am trying to see if we can get further depositions.

By the way, the govt. has sent me some documents including standard operating procedures. I am free to post some of them (after I review). So stand by. Some of the mystery will be revealed.

Dear Rajiv will you be posting these documents soon?? Should we expect some good reading for the weekend?? Thank you for all the good work.

 

[Rajiv S. Khanna]

Dear Rajiv will you be posting these documents soon?? Should we expect some good reading for the weekend?? Thank you for all the good work.

I will have them posted next week. If nothing else, we will be better educated.

 

[styrum]

2003 Yearbook of Immigration Statistics

Rajiv and all:
Please check out the 2003 Yearbook of Immigration Statistics at
http://uscis.gov/graphics/shared/aboutus/statistics/2003Yearbook.pdf
It's revealing: all immigration numbers (including EB) in 2003 are down by 40-50% from 2002 despite the quota didn't change! So, what, just fewer people wanted to immigrate all of a sudden?! It's THEIR document confirming they are just sabotaging. It is the policy. The only numbers that are rising are fees and number of deportations.

 

[Elnegro]

IMPORTANT : USCIS NCS not even reporting 485 processing time !!

This might well be another dirty strategy from USCIS. Why solve a backlog? Lets just measure differently and get rid of it !!

The new report from NCS does not show I485 Employment Based processing time. They just took the line out. Possibly they will say that it does not make sense since they are now working on I140 dates (that are not that bad, from a number perspective, but it is all fake).

In conclusion: Rajiv, Please be aware of this action. They are not eliminating the backlog, just not reporting it anymore.
Elnegro