///////-----Here is what happened on August 6----\\\\\

I can understand that - sort of

lil_joe said:
How about the life of medical report? Is it also 15 months?
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That may be OK. People could develop an illness. But fingerprinting makes NO sense. That is a strong argument.

I am working on a bunch of things for the 8/26 depo. Let us see how that goes.
 
operations said:
That may be OK. People could develop an illness. But fingerprinting makes NO sense. That is a strong argument.

I am working on a bunch of things for the 8/26 depo. Let us see how that goes.
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Mr. Khanna,

Thanks much for your invaluable time and efforts to help this community. If there is least possibility we would like you to address AC21 law applicability for Concurrently filed Applicants.

With the recent news as you mentioned from last deposition there is no hope for us of our future (example: Myself been waiting for 600 days on I-140 decision from TSC without which I can't make use of AC21). This is worst dealys than current and earlier I-485 time frames, though plenty of employers interested to hire me while current employer finding tough time to find a job for me as they lost lot business in economic flutuations since 2000.

We greately appreciate if you could find USCIS interpretations or regulations on this issue and possibly request 'AC21 Portability after 180 days of concurrent filing irrespective of I-140 decision' which might take 2 years as in my case it shows.
 
Summary

Summary:

1: AC-21. It is clear that USCIS is violating the Congress mandate for AC-21 and Portability.
2: It is clear that USCIS is not meeting the Immigration numbers per INA and EB Immigration.
3: It is clear that USCIS is violating the Federal Administrative Procedure Act.
Timely, consistent, fair, high quality and within "reasonable time" processing.
Wrt the latest "concurrent processing memo"

Questions:
1: What is the Processing Dates definition according to USCIS. What about the variations in Service Centers and District Offices?

References:

1: http://www.gao.gov/new.items/ Timeliness of Applications, May, 2001. backlog problem, FP problem.
d01488.pdf

2: http://www.GAO.gov/ Fees, January 2004
d04309r

3: http://news.findlaw.com/hdocs/docs/...ism/hsa2002.pdf Homeland Security Act, Sections on Backlogs, Congressional Reports,
Ombudsman

4: http://www.tcf.org/4L/4LMain.asp?Su...d=451&TopicId=5 The Century Foundation: DHS, one year progress report. "3.immigration.pdf"

5: CRS Report on Permanent Admissions. February 2004. Numbers not met.
http://fpc.state.gov/documents/organization/31352.pdf

6: http://www.ilw.com/lawyers/articles...9-paparelli.pdf Letter showing all the memos, regulations, guidances and all.

7: http://www.nilc.org/immlawpolicy/index.htm

Immigration Records and Databases INS data accuracy (8/27/03)(PDF)

Official Crime Information Should Be Accurate In her opinion editorial, published in The Miami Herald, April 28, 2003, NILC's policy attorney
Joan Friedland discusses the Justice Department's information problem.

8: http://www.ilw.com/lawyers/immigdai...0615-eib108.pdf

Definitions for the EAD: temporary employment, restricted SSN, exclusion from the definition of a "US worker", which includes Asylees and
Refugees...

9: http://www.ccfr.org/publications/im...on/summary.html June, 2004.

The Task Force urges the administration and Congress to work together in
finalizing and enacting backlog reduction plans, including adequate
appropriations and infrastructure, in order to meet a six-month processing
standard.

REFERENCE FOR SUMMARY:

The INS acknowledged in a Government Accounting Office report that the backlog in pending adjustment of status applications had increased substantially. This backlog has caused legal immigration to be lower then it should be.

It was also noted in the GAO report that there are "statistically significant differences" in the processing delays among the district offices with Los Angeles rating as one of the slowest in most categories. The GAO finally noted: Differences in processing times mean that aliens in different INS districts have had to wait disparate amounts of time for their applications to be processed. In the Los Angeles district aliens face some of the longest delays in the United States.

The Immigration and Naturalization Service is responsible for processing various immigration applications. Under federal law the INS is required to adjudicate these applications "within a reasonable time." The U.S. General Accounting Office reports: "INS' goal is that the application process will be timely, consistent, fair and of high quality.' The GAO went on to note that what was considered "reasonable time' by the INS included 6 months for adjustment of status and naturalization interviews and 3 months for work authorization

While applications pile up unadjudicated for years and the INS continues to be understaffed and overworked processing time becomes anything but reasonable. The pleas for action from immigrants go unanswered. What then can an immigrant do? Who can they turn to for help?

What should an alien do when his or her application has been pending for months or even years with the Immigration Service with no adjudication in sight. Under the Federal Administrative Procedure Act federal agencies including the INS are required to adjudicate applications "within a reasonable time."
 
Mr. Rajiv khanna,
operations said:
Two quick comments. In concurrently filed applications, they WILL delay 140 adjudications if 485 is getting delayed. That really makes no sense. We will look into this further. Do not worry.
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I have a doubt.., that the delay in I-140 approval while 485 getting dealyed is to stop substitute labor. Changing job using AC21 and substitute labor together is a big loop hole, that lets the companies and applicants avoid 2-3 years of waiting on LC approval. I may be wrong..., please correct me.
 
USCIS contradicting themselves

When one logs in USCIS web-site :

https://egov.immigration.gov/cris/jsps/caseStat.jsp;jsessionid=aZ5s1LM_y9_h

and submit their Application Receipt Number : They usually get the following message

Application Type: I485, Application to Register Permanent Residence or to Adjust Status

Current Status:


It is taking between 365 and 540 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.



As of today between 365 and 540 should mean application with ND between 2003-02-20 (540 days) and 2003-08-14 (365 days).

But we find that application for more than 540 days still pending and application for 2004 completed less than 365 days completed! http://boards.immigration.com/showt...6146#post856146.

They are contradicting themselves.

Rajiv you should consider it as another point in Court.

Thanks for the great contribution you are making to our future.
 
operations said:
That may be OK. People could develop an illness. But fingerprinting makes NO sense. That is a strong argument.

I am working on a bunch of things for the 8/26 depo. Let us see how that goes.
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From reading the transcript it sounds like they do it every 15 months because they want to see if the applicant has developed any history with FBI during that time. Since they do not store the finger prints, they have to send out the notice again. I guess the proper way would be store the finger prints in a database somewhere and then run them every 15 months if needed, without bothering the applicant(s) again.

GCFreak
 
Name checks

Thank you Rajiv for your efforts. I hope to see this SOP for I485 one day. Just for the sake of efficiency, does the BCIS complete name checks before the center adjudications officer (CAO) reviews an I485 case? I am curious since name check is the most time consuming of the 3 types of checks BCIS performs.
 
GCFreak said:
I guess the proper way would be store the finger prints in a database somewhere and then run them every 15 months if needed, without bothering the applicant(s) again.
GCFreak
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I personally prefer to give FPs every 15 months as long as they are not stored anywhere.
If they store the FPs, what will prevent them from keep running them even after the GC is issued and in case of a problem revoke the GC? Or doing something similar? I think we have to be careful about what we ask.
 
ar13 said:
I personally prefer to give FPs every 15 months as long as they are not stored anywhere.
If they store the FPs, what will prevent them from keep running them even after the GC is issued and in case of a problem revoke the GC? Or doing something similar? I think we have to be careful about what we ask.
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I agree with you. The other thing also to keep in mind is that there are always going to be mistakes that are made (since there is still to be developed a single technology based solution that has no flaws in it :p ) and if a mistake is made, some innocent person who has waited 3 years to finally to get the green card will find out that they are being deported!!!

But this argument is a whole new can of worms which is better handled by Privacy advocates...

GCFreak
 
Ability to PAY

Rajeev

I was wondering if we can question YATES on Aug 26th about the Ability to Pay Memo. On what grounds has he come up with the 3 bullet points for determining the ability to pay the preferred wages to the employee.

We can use help of CPA's, Financial Analyst and others to put a argument in the same.

Also we can include a point saying that if a new memo is introduced today, then it should be applicable for cases from that date of filing. USCIS cannot implement that memo on case filed earlier.

my case is 140 denied (July 2004) based on company ability to pay. But all other employees in my company got approved as they filed earlier. the company financial records has not changed a bit from that time. then why it is a discriminiation on some.
 
OT: Help poor Indian lady

Hello folks,

Did anybody hear this? It is a horrible event never happened in Asian community in US. A father was raped his 2 year old daughter. I am true it happened. Unbelievable… is not it? You know what happened the rapist was set for a high cash bail for $250,000 and he paid that money and out now. The poor lady does not have any support in US sits in a mental hospital waiting for some body to help out. There are some organizations to help out initially but only sits in statements and no progress in work. I called the organizations to find the updates and there were no updates with them. I wanted to offer my little help for the poor girl. But I want few suggestions on this.

1) Does it affect my GC process?
2) Who is the concerned authorized person to get the updates and facts?
3) Is there any community organization like TANA etc. to help her out?

Any suggestions and comments are welcome.

Thanks,
TB

http://news.bostonherald.com/localRegional/view.bg?articleid=543&format=


http://www.wggb.com/archive/sexabuse/childrape_yadlapalli.htm


http://www.indianewenglandnews.com/...In.Foster.Care.Parents.In.Prison-673702.shtml
 
solarise said:
Thank you Rajiv for your efforts. I hope to see this SOP for I485 one day. Just for the sake of efficiency, does the BCIS complete name checks before the center adjudications officer (CAO) reviews an I485 case? I am curious since name check is the most time consuming of the 3 types of checks BCIS performs.
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This is a very interesting question, can any one answer this question??
 
Has there been a change of guard at USCIS.
The pace of approvals has pickedup considerably in the last one month.
It would be interesting to see the organization hierarchy changes for the last 2 months.
 
Dubious statement in deposition on security checks

Rajiv, reading through Mr. Pierre's deposition, amongst the various things that struck me as dubious was one that stuck out - page 105, line 5, where he maintains that USCIS does not maintain statistics on the number of employment-based petitions that are denied on security grounds. They must surely track that information. Even the name of their "corporate parent", the Dept of Homeland Security, suggests that this would surely be one of the most interesting statistics to them. Indeed security screening & its efficacy is the supposed reason for much of the processing delays.

I would think that there is a dirty secret at USCIS, that very few employment-based cases are denied on the grounds of security, and that they are hiding behind this as a reason for their delays. Which felon is stupid enough to apply for formal employment-based immigration anyway?

If it is indeed true that they don't track this statistic, it would be useful if that came out loud & clear in your deposition of Ms. Ohata. I would imagine that this would be quite interesting to the House Immigation Subcommittee. And if the purported reason is lack of USCIS resources, perhaps this is one of the ways to get more resources for USCIS out of Congress - to show that they can't even track statistics of their denials for security reasons. If anything should trigger alarm bells in the current security paranoia, it should be that.

In this respect, if this lawsuit can expose how USCIS resource shortage is even compromising US security interests, maybe it would even help the USCIS. If we can spend $87bn fighting a useless war for supposed security, we can surely steer some more resources to the USCIS.

If you can get that clearly stated in a deposition, I'd be happy to start a letter writing campaign based on that, to get more budgetary resources to the USCIS.
 
Interesting testimony on USCIS Backlog Reduction Plan

There is some interesting testimony on the website of the House Immigration Subcommittee on the specifics of the USCIS Backlog Reduction Plan, and the effects of the backlog on families and businesses. It even has some details of the budget that has been applied to the Backlog Reduction Plan. See http://www.house.gov/judiciary/immigration.htm.

Notwithstanding the budget specifically for Backlog Reduction, I noticed that there is apparently a hiring freeze right now throughout DHS (I saw that in Paul Zulkie's testimony on behalf of AILA).

In some of the testimony I read how some of the adjudicators use Webster Dictionary definitions of terms to determine adjudication standards, and others use USCIS SOPs. Clearly, this system is in dire need of fixing. We need to get its problems exposed to the right people who can do something about it.
 
Yes, the recent processing time changes are very interesting. VSC and CSC have suddenly woken up it seems. There must be a story behind it ... and I believe it is related to this lawsuit. Also, now some of the service centers have started breaking down the 485 catergories. I hope we will point out that these changes happenned only very recently.
 
lpdpatna said:
Has there been a change of guard at USCIS.
The pace of approvals has pickedup considerably in the last one month.
It would be interesting to see the organization hierarchy changes for the last 2 months.
Click to expand...

Bet you didn't file with Nebraska, their I-140 dates have said "September 15, 2003" for the past 4 months
 
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