Attached is the Complaint we have filed

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I140

Taz123,

I am still with the same employer and yes revoke notice was sent to my attorney. They can't beleive it either...I've given up trying to find the reasons behind what they do and why they do it. But probably my country of origin has something to do with it... But then why go back to I-140 when I have an I-485 application pending with them...
 
Originally posted by operations
Stand by. Let me see how and where I can respond to these issues. The danger in responding to all questions is that people stop asking each other and start asking us even the simplest questions. I think the best thing is to let the relevant moderator know. I will resond through them. Fair?

If the Moderator can respond to this and specify the link to the thread that will be great. And also if you can answer my questions on the corresponding thread and let me know that will be great.
 
Re: Re: Yup!

Originally posted by patnams
Well Said !!

Just today, courts withheld Government's position of keeping secret the informaion about people detained in the name of 9.11

"It's the first time in history that the government has arrested people in secret," said Kate Martin, who represented the Center for National Security studies in challenging the government.

Anything in the name of 9/11 !!!


The Government won over this one. Most important is to fight.
 
Re: I-140 processing delay and AC-21

Originally posted by kashmir
I think I-140 process is also delayed,
however, the essential issue is not the delay but USCIS' interpretation of AC-21.
In my opinion, it's illegal that USCIS requires I-140 approval to apply AC-21.

When I-485 backlog is eliminated, I-140 backlog must have been eliminated
because USCIS cannot approve I-485 without approving I-140.


The I-140 people have a legitimate concern. However as Kashmir said it is a AC-21 issue. However you want to interprete it, the upper hand is with USCIS. In any regard AC-21, is flawed. How one can correct it? Well, it has not been a law yet so Congress is the one to contact. Congress is the one that writes the laws, not the courts.
From a legal point of view, one can argue in the spirit of DHS Act that all applications should be processed in six months or less and this covers I-140 also. In this regard any positive news from this lawsuit would have a positive effect on the I-140 also. It should be noted that with the Labor Dept. plan to eliminate backlogs in the LC stage, this could get worse.
Also, the argument that people need to change jobs is no good at all as it overpasses the spirit of "permanent employment and sponsorship" to say the least..The pain would be less if Companies adopted the Concurrent processing instead but this is a Company policy and the contact should be the individual companies that do not do it and why and with which immigration attorneys.
 
Never ending issues

I think there are never ending issues, if we we want to add/include more, as every one of them affects one or the other.

What about Adv Parole delays of almost 8-10 months. It seems soon you may have to apply for renewal even before the exising/pending one is approved. That affects people who have to travel a lot and ofcourse forcing us to renew by spending more money.

These issues are already covered in complaint.

The best approach would be (as suggested by someone else before) to get "conditional" green card after 6 months. That would resolve all other issues, including 140, if filed concurrent and accepted under this condition by UCIS.
 
Re: Never ending issues

Originally posted by myopinion
I think there are never ending issues, if we we want to add/include more, as every one of them affects one or the other.

What about Adv Parole delays of almost 8-10 months. It seems soon you may have to apply for renewal even before the exising/pending one is approved. That affects people who have to travel a lot and ofcourse forcing us to renew by spending more money.

These issues are already covered in complaint.

The best approach would be (as suggested by someone else before) to get "conditional" green card after 6 months. That would resolve all other issues, including 140, if filed concurrent and accepted under this condition by UCIS.

Again, the Courts (Judiciary) do not write the LAWS. Congress does (Legislature) and is not doing a very good job at the immigration laws. A lawyer cannot change the laws but he/she can complain about them not being applied.
There is always a risk in suggesting solutions; i.e. being a "conditional" GC or multi-year EAD and AP or things of this nature. The danger is that we postpone ADJUDICATION of one's application. Besides, some of these ideas may require Congressional approval which can take for ever, especially in an election year.
 
the most important problem...

imho, issuing multi year EAD and AP won't solve the problems for us in the 485 backlog. it might in the long run (another 3-4 years???) due to the reduced no.of applications, but issual of the GC is the ideal/correct solution. also only an issual of GC will give true job portability and safety from other issues like death of primary applicant, begin to accumulate time for citizenship etc. so we should NOT be complacent with just multi year EAD and AP (if at all we get a ruling in our favor that is) and make it clear to the court that issuing the GC is the only proper solution to this problem. even a conditional GC is fine (pending security check - assuming BCIS says this delay is due to these checks). this conditional GC should give all benefits of GC like the one for the marriage based GCs. just my thoughts :)
 
Until we hear from the govt.

all debate is purely theoretical. Their first filing will tell me where we stand. Hang tight.
 
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Mr Khanna

Suggestions:
To save time and resources,
Those who have been registered in Special registration process and on Port of Entery should not be called for GC interview and exempted from I485.
Those who got RIR/Labor approvals after more than two years shoudl be exempted from several time consuming processes.
 
Originally posted by assur
Mr Khanna

Suggestions:
To save time and resources,
Those who have been registered in Special registration process and on Port of Entery should not be called for GC interview and exempted from I485.
Those who got RIR/Labor approvals after more than two years shoudl be exempted from several time consuming processes.

Noted.
 
The real processing time for I-485 should not take more than 15 minutes for any I-485 adjudicator.

Looking at bunch of papers and come to some decison either to send RFE or approval. The papers are already shorted and preprocessed after FBI finger printing tests.


If security/background checks really matters/necessary then they should do the security checks for EAD and AP also.

Also the same checks should be done while issuing the Driving Linceses with only 30 day validity.

IF the Basic fanda of BCIS is "Visa should not be given to a Terrorist(s) " means they should do security checks for each and every application at BCIS why only at I-485 stage.

Are the approval of I-485 gives Guns and Missiles etc. licence to use ?


I wonder what BCIS is doing right now either they simply ignoring it or finding ways to put scaring things to their filing reply (for our Law suit).


The faster adjudication makes faster filtering of Bad Guys/Illigals (if any). The delays only making bad to worst for the countrys security.

edited...
 
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Appeal.

I would suggest - let us pour in some ideas to be used for the case and not demoralize people working for the cause.
 
Re: Appeal.

Originally posted by Jharkhandi
I would suggest - let us pour in some ideas to be used for the case and not demoralize people working for the cause.
I totally agree.
It makes a difference, it is initiated, Let's hope & support for good.
 
With President Bush promoting his immigration reform plan, people start talking about whether the government has in effect been encouraging foreigers coming in this country illegally. While people has noted how fewer and fewer businesses hiring illegal immigrants have been fined, and how less and less money has been used to control the US-Mexico border to curb the flushing in of illegal immigrants, what they failed to point out is that how the government is encouraging illegal immigrants by discouraging legal immigrants. Take, a typical employment-based GC applicant, for example. If he filed his LC application within the few months after April 2001 (deadline for 245i, some sort of amnesty of illegal immigrants), he would get his LC cleared in anywhere between 12 and 24 months. He should have just or about to file his I-140/I-485 by now. In the current processing speed, when would he get his GC eventually? 2, 3 or 4 years? - your guess is as good as mine... Through all these years, he should struggle to stick with one employer to maintain his status (some employers could take advantage of this situation and literally make your life miserable), make sure not to get promoted to management level (which would change his nature of occupation), not switch to a new area or start his own business, pay taxes.... Now what have the illegal immigrants been doing at the same time? Trying to find an employer who wouldn't care about his status so he could underpay him, worried about making ends meet, not getting sick, and not getting attention from police or INS... which group suffer more? Honestly it is hard to say. What makes the difference is that politicians are "concerned about" these illegal immigrants while no one cares about you - legal means victimized?
 
PhillyJulyLC
I would say I485 is the "Bottle-neck", once decided and cleared everything could flow smoothly. We need amnesty from backlog.
I am sure Mr. Khanna has in mind to take care of 245i related impacts.
 
Goverment Lawyer checking this forum?

I am sure the Goverment Lawers are reading these forums now. Does this server log IP address of all people accessing this forum? It will be interesting to find all the .gov domain names accessing this forum.

Siva
 
Re: Goverment Lawyer checking this forum?

Originally posted by ClevelandGuru
I am sure the Goverment Lawers are reading these forums now. Does this server log IP address of all people accessing this forum? It will be interesting to find all the .gov domain names accessing this forum.

Siva

The server does log. What do we have to hide? Everyone is entitled to their opinion. No?

State your opinions folks, but please do not hurt other people's feelings. I see a lot of resentment against illegal aliens. They too have a story. They are not the problem. The policy is the problem. We need to support them and support more funding and efficiency.

I believe encouraging illegal immigration is detestable, but having helpless people fueling an underground economy is shameful. We must strike a balance.
 
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PhillyJulyLC, I was one of the victim of 245i. Filed in NY Jun 2001. My company closed forcing be to get another job in CT, making things only a little better.

Irony is that a previous aquaintance of mine was legal H1 immigrant, and still put his application in 245i. He got his GC, 4 years after he first came.
 
Minimum demand for us to settle.

Here is what I would be willing to settle for.

1. After 6 months of filing I 485. There shouldn't be any restriction on the job. An applicant should be allowed to switch job and the salary and job responsibilties shouldn't matter. Just like a Green card holder. If the applicant gets laid off, the processing should still continue.

2. An EAD and a Travel Document (Advance Parole) should be automatically issued after 6 months of filing I 485. This should be valid for a period equal to the current processing time of I485. A new EAD and Travel Document should be automatically issued if the I 485 is not processed within the expiry date of the previous EAD and Travel Document.

3. Dependants I 485 should not be canceled if the primary applicant dies or divorces the spouse.


Mr Rajiv,
I am willing to donate for this cause? Will more money help us in any way? Puting an advertisement in media may be.

Siva
 
Another Lawsuit that was ruled in favor of defendant

Don't know if our lawsuit will benefit out of this, but wanted to share anyways.


6th Circuit Invokes Audita Querela, Gives Relief Based On
Equity, Without Legal Defect

In Ejelonu v. INS, No. 01-3928 (6th Cir. Jan. 8, 2004), the
court blocked the deportation of the Petitioner consequent to its
finding that it had the authority under the All Writs Act to
mitigate a judgment's collateral consequences through a writ of
audita querela issued for equitable reasons regardless of the
presence of a legal defect in the original proceeding. The court
also said that if Congress disliked what it did, it could
prohibit courts from issuing writs of audita querela with respect
to the consequences of criminal convictions.

http://www.ilw.com/lawyers/immigdaily/cases/2004,0115-Ejelonu.pdf
 
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