Attached is the Complaint we have filed

[Rajiv S. Khanna]

Also remember....

Originally posted by operations
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.

...in representing you I (I think I speak for our whole team) gain the following:

1. great sense of pleasure and satisfaction
2. good will that then turns into paid work for us
3. public exposure that then turns into work

So, there are no favors here. We all get something out of it.

 

[Rajiv S. Khanna]

Re: Re: bill of rights violations by state

Originally posted by patnams
Constitution consists of guiding principles of law, not the law itself. On a daily basis, all that judges care is whether a law is broken or not.

Oh no. Constitution is the SUPREME law of the land.

 

[Rajiv S. Khanna]

Originally posted by dengdeng
Rajiv, 60 days from 12/22 is 2/22. I bet they will wait last day to respond.

I'm curious to know what they are doing these days indeed. No EAD approvals, no 485 approvals? Are they working on some secret projects?

That Ombudsman position is a total waste. He's completely useless.

They will probably ask for more time to respond.

Ombudsman's office is not even fully staffed yet, they tell me. So, may be it is a bit early for us to write them off.

 

[Rajiv S. Khanna]

We will use this data

..in our summary judgment motion.

 

[Rajiv S. Khanna]

Noted your suggestions folks

It will be a few weeks before we are ready to file. I will run the arguments by you.

 

[Rajiv S. Khanna]

Noted the I-140 concerns

Our strongest case is for 485 delays. If the govt. ever decides to negotiate with us, I will take all our concerns to them and get a binding agreement.

Otherwise, wait for the 485 determination. Rest assured I will be back in court with residual problems, in this litigation or the next. We are not going away.

I need a ruling or some sense from the court that I do hve a right to timely adjudication.

 

[Rajiv S. Khanna]

Originally posted by srvimmi
Originally posted by operations [/i]

Dear Rajiv,

Since lot of people have concerns to AC21, Do you respond to any other thread related to AC21 issues.
I have following Questions.

1. When we change a job with AC21 After I-140 is approved, I-485 pending more than 180 days, In order to justify to INS that new job and old job are in the same classs, Do we need the the copies of forms 1. Form ETA 750A or/and 750B 2. Form I-140 which were sent to DOL and INS respectively on behalf of the beneficiary ?

2. If we do need them, And i don't have them with me, Do i have the right to obtain them legally from the Previous Employer who filed them or the Attorney who represents that old Employer ?

3. If we have the copies of DOL Labour Certification, and I-140 Approval Notice, is that good enough or We need to obtain the originals ?

4. If we have the Approval copies of those is there any way we can obtain the details and Job descriptions and Job(Labour) Class of corresponding Approvals from DOL or INS ?

I now this thread is not intended for those questions, Is there any other thread you respond for these sort of questions.

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?

 

[Rajiv S. Khanna]

Yup!

Originally posted by rajeevnair32
I like to wish my regards to Mr Rajiv.

I have read the lawsuit documents that Rajiv filed. I understand we can prove the judge beyond doubt that the cases are taking much much longer years to get processed.

But what I am worried is judge would be able to define parameters to the USCIS, because the fact is that there is no where in the law that states that the green card HAVE to be processed in x months/years. In AC21 it says, it is EXPECTED to be processed in 6 months.

Also, although immigration law falls under justice, USCIS works under Homeland Defence, on which Justice have no say.

Security and Fraud would be the two biggest points that USCIS would use as a weapon. That are people like Rep. Tom Tancredo thinks that all immigrants are terrorists and criminals.

I think what we would be accomplising very well be put the tyranny what we face on the front scene. So atleast Govt. would do something!!

In US, Americans gets the preference, then GC holders, then illegals and undcocuments workers gets preference over legal immigrants like us.

There are a lot of issues like that. I do not have all the answers. This lawsuit is an experiment in justice.

 

[Rajiv S. Khanna]

Until we hear from the govt.

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

 

[Rajiv S. Khanna]

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.

 

[Rajiv S. Khanna]

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.

 

[Rajiv S. Khanna]

Re: Minimum demand for us to settle.

Originally posted by ClevelandGuru
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

In the litigation, we do not need money. Out of pocket expenses so far are just a few hundred dollars. Some individuals are moving to raise money. Nothing to do with us. We should see some announcements from these folks soon.

 

[Rajiv S. Khanna]

Originally posted by PrakashR
Mr. Rajiv Khanna, I have to say I was all most shocked to see an immigration attorney suing the Goverment for inaction. Irrespective of the results of this action, I think the attention it generates in media alone would go a long way in addressing the cause of the legal non-immigrant worker, especially in an election year.

1. Apart from writing to the Senators and Congreesmen, what else can the non-immigrant workers do to support you ? I was thinking of getting a petition signed by all the willing CEOs of the Companies that have non-immigrant workers working for them.

2. Considering this is an election year, what can we do to make this an election issue ? hire a PR or lobbying firm ? I am aware of magnitude of trying to force an issue like this on the national political debate, but we have to also realise that election time is our best chance to get their attention. Imagine political repercussion an article titled something like "Bush's immigration policy favors illegal immigrants over the leagal" in CNN or MSNBC can have in the heating presidential arena ?

3. Is there an official forum/assoication of the legal non-immigrant workers. Getting organised in a formal way so we can all throw our wait with a single voice will be the most effective way of utilising our strength.

Thanks for your support.
1. Send a petition to Pres. Bush. Write it, we will set it up. Having companies as signatories will be a definite plus.
2. Some people have approached me. They are starting to raise money. They will be posting here also. Note that effort has nothing to do with us. These are a group of individuals.
3. We are the only forum that I know of, so far.

 

[Rajiv S. Khanna]

Re: organization for legal immigrants

Originally posted by mazdur_desi
3. Is there an official forum/assoication of the legal non-immigrant workers. Getting organised in a formal way so we can all throw our wait with a single voice will be the most effective way of utilising our strength

Yes -from what I know, www.isn.org played a significant role in getting the AC 21 law approved in 2000.
I have been given to understand that they still have a lot of resources (read finances).
It will be good if we can join hands with them. They added the news about the lawsuit on their page

http://www.isn.org/news/index.html

People in the action group in our community are already talking to them. I have no first hand knowledge of any role played by them, but neither do I know that they did not.

 

[Rajiv S. Khanna]

Originally posted by rajeevnair32
Hi guys,

To the people asking for similar lawsuits against SESA/DOL

Check this out ->
http://www.courtbriefs.com/PDF_Files/CCCOOK04CH00602CA.pdf

Strange. Why would they bring suit in a state court, not federal. I suspect they might have had a jurisdiction problem with this suit.

 

[Rajiv S. Khanna]

Re: count down to 60 days deadline is coming nearer

Originally posted by vicky_usa
as we see that the 60 days reply back deadline is coming nearer. i was wondering what extra work can we as a group or community do inorder to give a big boost to this litigation. so far our case is covered in media (not US), letters are sent to different congressman, president etc etc......

what next big step we can take inorder to give a big push so that it comes in limelight of all the people. was wondering if this current Presidential candidates can give some help. yesterday night i heard John Kerry winner in IOWA caucaus stating "when i become President, first i will remove John Ashcroft from the designation of Attorney General"......

Nothing much else at this point. We are preparing the next set of court documents. So, we shall see.

 

[Rajiv S. Khanna]

The will respond

Originally posted by getit
What if they don't have reply after 2 months? they will lose by law? and what's next?

Or ask for some more time.

 

[Rajiv S. Khanna]

Guys, keep the converstaion on topic

Originally posted by puhrince
why didn't all of u guys do consular processing? just wondering

I will be deleting all irrelevant discussions in 2-3 days. Move them to the 485 forums please.

 

[Rajiv S. Khanna]

Re: FBI Checks

Originally posted by sunk1ng
Mr Rajiv,
I can't understand how BCIS can delays our cases because of Background checks.
If BCIS takes 9 to 12 months for background check how they are supposed to stop or identify a terrorist from entering US. May be you can make this as an argument in the case. May be we can ask for some tranparency to the process of I485. Like what reasons they don't send 2nd FPs etc.
Our Hopes are on this lawsuite, I hope we get something out of it.
Every argument BCIS states regardig delays is somewhat about background checks and if Lawsuite goes to court I guess that is what they will try to use for justification.
If we are paying money to USCIS to process our case why can't they make a decision? We are not asking for approval.

Noted.

 

[Rajiv S. Khanna]

Re: what happens if?

Originally posted by lawaiter02
Mr. Khanna,
Thanks for the efforts.

I have a procedural question - What happens if BCIS approves/denies all the petitioners who filed and then claim that the arguments in the lawsuit are moot as they have been served...? Do we need to bring in a fresh batch of adjustees and substitute?

thanks

We had already anticipated that. Two of the plaintiffs have just filed their 485. Also, if a problem remains unaddressed, courts will not dismiss a claim ("capable of repitition yet evading review" exception to mootness).

Good question!