Attached is the Complaint we have filed

Originally posted by hrithikroshan11
patnams,

here is the argument that AC-21 doesn't always help

AC-21 can be used only when I-140 is approved and I-485 has been filed for 6 months.

It is currently taking 485 days for processing of I-140 applications at VSC.

So, AC-21 is useless even though I-140 and I-485 can be filed concurrently.

One cannot change jobs during this long period.

Therefore, we need faster processing of both 140 and 485 applications to get the flexibility required in current economy.
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That is a whole another law suit. Let me think about it. What if we could amend the complaint to include some more stuff in it. Hmmmm.

OR

File a second law suit (looks like this could become our full time preoccupation, but I cannot think of a more worthwhile pursuit).

By the way, Happy New Year, all.
 
Originally posted by hrithikroshan11
140 is filed for an employee by an employer. Unlike labor which belongs solely to the employer, I140 belongs to both employee and employer.
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Correction. 140 is also exclusively the employer's application. But there are cases (as far as I remember) where courts have allowed employees as intended beneficiaries to file lawsuit.
 
Re: Re: Attached is the Complaint we have filed

Originally posted by srvimmi
Dear Rajiv,

We really appreciate what you are doing.
Isn't it strange there are no plaintiffs represented from TSC which is the worst and most delayed one in I-485 processing.

Regards
srvimmi
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We did not wait long enough. I wanted to get the suit filed.
 
Re: Drivers license is also dependent on EAD.

Originally posted by visak
In most of the states, drivers license expires on the expiration date of EAD. I have seen some instances where EAD's are not approved in time and applicant has to depend on his friends for ride. It is inconvinient and expensive to renew drivers license yearly. It would be great if EAD can be approved for 3 years or until adjudication of 485 application (which ever is earlier) and a person can work if EAD extension application is pending with USCIS (similar to H1) instead of requiring card in hand to continue working on EAD.

Thanks for the lawsuit, hopefully this will open eyes of USCIS and keep it's buracracy under control.
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If there are any people I could speak with... Then we can certainly use this information. send me an e-mail: rskhanna@immigration.com
 
Keep talking

Let me see if we can add this on. Let us continue to post about poeples' experience in various States.
 
Originally posted by assur
Mr. Khanna
It is, really a Big & Bold step, towards the future both immigration and immigrants. In this connection, in my opinion, AILA should help you in your efforts as a token of appreciation and coordination...
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We have not contacted AILA, nor do I see any need to. I find it difficult to work with our own association (AILA) in community matters. I have tried before.
 
Re: Re: proposal for interim relief

Originally posted by PhillyJulyLC
I think some of the suggestions like issuing an iterim green card and asking for a specific time frame for processing I-485 make sense and actually is a way out for USCIS. Mr. Khanna, please tell us what you think. Legally is it possible to include these points in the litigation?
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I do not believe the court has the authority to order this. But if we can get the govt to talk with us and the community, may be we can settle this matter without wasting the court's time. Let us see. From tomorrow, we will be working on the next set of documents that need to be filed.
 
Originally posted by PhillyJulyLC
Mr Khanna,
Like everyone around here, I first want to express my sincere appreciatiation to you for stepping up and fighting for us... you do know how many souls you are touching and how much hope you have filled in our hearts don't you?

It makes me think at the same time though - I-485 backlog has long been a serious problem (nowadays I-140 is too!), why hasn't there been one single lawsuit like this all these years? Do we expect more similar actions taken by others following your footsteps? What impact and what changes - realistically - can we expect from this or these lawsuits?

Thanks again, best wishes...
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The govt. claims that there is no clear right under the law to get timely adjudication. That is the main reason we have not seen suits like this before. If the courts feel we have such a right, it would open up a world of rouble for CIS. So, the way I see it, CIS will have two choices: fight to death or settle with us as soon as possible. Let us hope they choose to something constructive. At the very least, such lawsuits will have the effect of getting the agencies' attention. Thanks you all for your encouragement and support. It means a lot to us.
 
I was waiting for you to show up

Originally posted by dsatish
Rajiv,
Thanks to your lawsuit, we (core team members) are able to take some rest with confidence that your lawsuit would have definitely awakened BCIS. The holiday season is over and we will be back in action from now. Please let us know if you want us to do any specific task now.
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Let us do a conference cal once everyone is back. In the meantime, do a write up from the human angle about what a remarkable accomplishment it is for a communiy to be so active without actually ever meeting each other.

The write up should be put up for community comments. I think that will serve as a great spur to community action. Also orchestrate emails/faxes to Congressmen. See:
http://boards.immigrationportal.com/showthread.php?s=&threadid=107866
 
Originally posted by Planet3rd
Dear Mr Khanna,

All of us wish to see some flicker of light at the end of the long tunnel. This litigation is renewing hope among us. Every word of the lawsuit expresses nothing but truth and agony of thousands like us. We do not have enough words to thank you.

WE SHALL OVERCOME - WE SHALL OVERCOME.

One questions:

- In Para 51 you mentioned that Congress intended processing (of AOS) in less than 180 days. Is that suggestive or mandatory on the part of CIS? If it is suggestive will the Mandamus hold ?


Thanks
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Our first argument is that it is mandatory. And the second argument goes like this. Reasonableness is implicit in all laws. At the very least, we know, Congress has said 180 days is reasonable. So the provision is mandatory and lays down what is reasonable.
 
Originally posted by PhillyJulyLC
Mr Khanna, I appreciate your taking time to answer my questions... Now, has anyone contact immigration-law.com about this lawsuit? It has been diligent in reporting what is going on in the immigration community... If not, I will try to find their contact and do so soon...Thanks!
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I have no idea who they are. So....
 
Re: Congratulations and let me know if I can help

Originally posted by Paras
Dear Mr. Khanna,

I would like to congratulate you on the filling of the lawsuit and wish you and all of us here success. It is really frustrating to know that people who work hard to keep the show going, face problems from Immigration and Naturalization service. I would also like to know if you think it would help adding my name as one of the plantiffs. I have been a memeber of this board for quite some time and have received a lot of help and replied to quite a few pstings.

I applied my GC in 1999 from CSC in the EB2 RIR category. I received my Labor Certification sometime in 2000 and I-140 approved in 2001. I applied for my I-485 in March 2001 and am still awaiting my approal. I and my wife both got fingerprinted in October 2001 and INS never received my fingerprinting report. After continuous calls month after month and fax inquiries after 6 months, I finally received another fingerprinting notice in July 2002. We attended an interview in San Francisco in March 2003 and by that time my wife's fingerprints expired. They put my case on hold as well. Having informed the INS that I am temporarily posted outside California they transferred our AP and EAD application to the local INS offices and asked us to collect the EAD in person. Aboslutely no response regarding the AP till date (i.e. more than 12 months have passed since the application). My I-485 has been pending for more than 1,000 days now. My lawyer mentioned that they are worried about security and terrorists entering the country. I have a very simple question, Why should it take the INS 3 years to decide if a person applying for LPR is a threat to the national security? If somebody was a threat would he/she wait to get LPR? I have been in the US for more than 8 years.

If you could please suggest some actions that I can take to speed up my case and in turn help reduce the backlogs.

Thanks

Paras
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Two options: contact the local Congressmen or file a lawsuit. For now we do not need more plaintiffs, but I may soon need an affidavit from every person who has suffered.
 
Originally posted by assur
Mr. Khanna (ESQ)

I am sure you have an eye on the upcomming issues related with Bush announcement " Illegal Alien Immigration Plan", as an additional workload could adversely effect on the existing situations/backlogs.
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We are waiting.
 
Re: Mr. Khanna,

Originally posted by hairturnedwhite
Is there a way to let media cover this subject£¬especially several
big ones like CNN, Fox, ABC, NBC, NYTimes? That will bring up a lot attention to USCIS and congress, especially at the time when the president proposes to give relief to the millions illegal immigrants.
Or maybe try to contact some of those democratic president candidates, see if we can win support from them.


Thank you for your hard work!
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Folks, I will have a conference call with the Action Group. They will brief you on what we need to do. Hang tight for a week or so.
 
Originally posted by dsatish
To fellow members,
I suggest that let us propose Rajiv's name to rediff.com / India Abroad for consideration to 'Man of the year -2004' award. The nominations start around September and they will announce the winner in December. It is a very prestigious award and it is given to a person(indian origin person in America) who has contributed maximum to the cause of fellow indian origin people abroad. Rajiv perfectly fits the bill. Let us keep his name in mind when we see the nominations in coming September.
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I would be terribly embarassed. Please do not. It is unnecessary. Your good will means more than any silly awards could. I do thank you for the thought though.
 
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