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

Discussion in 'The Complaint' started by Rajiv S. Khanna, Apr 23, 2004.

  1. Rajiv S. Khanna

    Rajiv S. Khanna HOST, Immigration.Com Staff Member

    See attachment.

    I will be busy with our reply to this response. We have only five days. So I will be unavailable. But i will make sure to read your comments here.
  2. Jharkhandi

    Jharkhandi Registered Users (C)

    I am happy that they did not sign for Judge. :D Victory is in sight. It is a very weakly put piece. First arrogance and now almost crying.

    Also let us not get divided due to Fujie Ohata's memo. It is a way to divide by USCIS. Do not forget old trick of divide and rule. Do not loose steam - this is most important part of the lawsuit.
    Last edited by a moderator: Apr 23, 2004
  3. astreix

    astreix Registered Users (C)

    Did you think they would be accepting anything so easily did you ?:).. :D
  4. Jharkhandi

    Jharkhandi Registered Users (C)

    Now it is not a question of USCIS accepting anything. It will be judge who will accept or reject.
  5. feb6361

    feb6361 Registered Users (C)

    Dear Mr. Rajiv,

    We all are with you and thank you so much for supporting all of us for the right cause!!

  6. mustbepatient

    mustbepatient Registered Users (C)

    I find the following line in their response as very interesting:

    "USCIS will adjudicate plaintiffs applications - after the numerous other class members' applications in line ahead of them are adjudicated first."

    Aren't all their new programs doing the exact opposite -- processing people at the front of the line first?
  7. dsatish

    dsatish Registered Users (C)

    On page 30, they talk a great deal about the importance of orderly processing of applications. That's funny because they are not doing it (Ex: New pilot projects, new memo, approval of Oct'02 casses like that of edison while thousands of people from Oct'01 to Oct'02 are in queue). In reality, there is no orderly processing at VSC.
    To add more points about disorderly processing : Some people get approval 10 days after replying to RFE and some people get it 10 months after replying to RFE. Similarly some people get 2nd FP notice within 2 months of expiry of first FP and some people get it 8 months later.
    Last edited by a moderator: Apr 23, 2004
  8. astreix

    astreix Registered Users (C)

    They are random even in their randomness :D
  9. tmc

    tmc Registered Users (C)

    yes, we have to get them on their random processing...

    also, on the random issuing of FP. where they cannot argue "case by case" basis. FP should strictly be issued by a computer in order of receiving.
  10. max2k1

    max2k1 Registered Users (C)

    Blooper on Page 7 ... when discussing the case details of S. Krishnamurthy - towards the last para .... the documents says <blah.... Ms. Kompella -- which was actually the previous case.

    Everyone has cut/paste errors


  11. rk4gc

    rk4gc Registered Users (C)

    Loose and failed argument to project the case as non class action. Lets keep the fight going.

    I think this document can be better used to explain the Green Card Process in detail :) .
  12. coolchap

    coolchap Registered Users (C)

    Once again I have to appreciate the great work and dedication of Rajiv and others. If people have not contributed towards the immigrationportal.org please do atleast now. We can fight only by amassing effort and money. Please donate money for YOUR CAUSE and let us not let delay in contributing. We are fighting against a broken and lazy bureaucracy so we should not be lethargic in the first place. God Bless OUR cause.
  13. ag28

    ag28 Registered Users (C)

    how about attaching weekly update report

    These would show that things are not exactly processed in a FIFO order. RFE's are approved anywhere between 3 days to months.
  14. lz25888

    lz25888 Registered Users (C)

    post the results from rupnet, it shows the bad pattern for processing...

    CIS could win science prize for creating an unknown random distribution pattern, :mad:
  15. lexvsc2002

    lexvsc2002 Registered Users (C)

    Please donate at www.immigrationportal.org for fighting the I-485 Backlog's.

    I urge you all the guys to donate.

    You can make a difference...
  16. gcinfo1971

    gcinfo1971 Registered Users (C)

    This is indeed another interesting statement from USCIS!! I feel that we can easily counter them.

    1. We need to provide example cases which are filed before the cases that USCIS quoted as approved cases and are still pending for adjucation to prove that USCIS indeed process applications out of order in a totally random manner.

    2. A person having H1-B or other traval visa need not file EAD/AP. This may be indeed correct in some sense. But USCIS can't deny legal right of such applicants to file EAD/AP.

    And there are several reasons why applicant choose to apply for an EAD or AP despite of other work visa status( ex: what if H4 people want to work- ).

    a. One of the main reasons people apply for AP is to avoid I-485 invalidation incase of expiration of H1-B when they are outside the country. (Also how many port of entry officers know that dual status can be mainted??)

    b.Some companies have policies such as they no longer extend the employee on H1 petition once they file I-485. My company has this policy. They no more extend the H1 once I-485 is filed.

    --We also need to provide some example cases with multiple EAD/AP fillings and cases like unable to work because of the delayed EAD & I-EAD adjucation. This is purely substantiate the case to the Judge. ( We all know that most of us belong to this category).

    3. Also I don't see how an I-485 applicant with unapproved I-140 has different legal standing than the approved I-140 applicant. All I-485 applicants have same legal standing as long as there applications are proper whether the I-140 is approved or not.

    From the fact that concurrent filling is allowed - I-140 approval is no more a prerequisite to file I-485. Its is only one of the steps for I-485 approval like security clearance etc. Its is USCIS job to process I-140 and assign visa for approved I-140 cases as part of the I-485 processing ( rather than holding down I-140 processing and questioning applicant's legal right!!)

    Finally, Rajiv is doing great community service and we all owe him a lot.


  17. patiencelessTX

    patiencelessTX Registered Users (C)

    Our commonality lies in the fact that we are all victims of the USCIS irresponsible delay and general slowdown in processing our cases instead of the process details or procedures that USCIS tries to portray.

    I sure hope the judge would not be led astray on this issue.
  18. rajum

    rajum Registered Users (C)

    No comments...

    I am baffled at so many things in their replies...I don't know from where to start....I think it is the time for me to go to a doctor..
    Have a great days ahead of you
    all.... :confused: :confused:

  19. rajum

    rajum Registered Users (C)

    This mail is intended for some fun....I am not ridiculing USCIS....

    ..See the USCIS reply...they are projecting that we got conflicting interests....

    Did we ? Till now, I believed that our common interest is to get green card through legal means in a timely manner.... I learnt that it is not discrimination to have different processing times

    ...I learnt that Kashii's FBI clearance occured on Jan 9 th 2004, but his case is pending because they are processing the cases of few weeks back....I got enlightened that he is requesting his cases to be approved faster than other cases and that is the reason he filed this case and also class action suit....
    Kashii...I never expected this from you...:) you cheated us....I thought that you are fighting for all of us...just kidding...I know you are fine human being...

    Rajah...you know....it is illegal to adjudicate your case as your I-140 has not approved...

    Finally I am ending my friday ....Have a great weekend guys...
    Last edited by a moderator: Apr 24, 2004
  20. rajum

    rajum Registered Users (C)

    Despite me saying bye..
    I could not stop myself from this last one...

    USCIS reply says that the processing times depends on individual facts and what not.....then how come Congress said in its AC 21 law that "It is the sense of this congress that the petition adjudication time should take less than six months"...

    Which one of these two is enlightenment....

    Which one I should believe now... I am confused...I am going to doctor tomorrow and to sleep now...

    Once again, this is intended for some fun...don't take anything serious...not meant to ridicule anyone...

    Last edited by a moderator: Apr 24, 2004

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