Attached is the Complaint we have filed

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See please if it helps

Mr. Kanna (ESQ)
In the information sharing session, I would to like bring your attention about the following activities, if it is not already in the arguments, no voices heard till now.

DHS – Interim Rule regarding NSEERS
Burden/Overhead analysis performed and calculated for 82,000+ aliens/registrants based on Time (Minutes/Hours/Years) plus other resources to save it for future utilization.
If it is the reason for bringing in the interim rule, it means the calculated years (3-5) have already been spent on this process, resulting in a delay of other cases.

Reorganization/Transformation Phases of INS:
Segregation, distribution, transfer of responsibilities, reorganization of the department, are definite root cause of uncertain delay for the processes

Please refer to PDFs. Published for these subjects.
 
Noted your suggestions folks

It will be a few weeks before we are ready to file. I will run the arguments by you.
 
You all may have noticed while opening the VISITS program the Homeland Sec Tom Ridge told that the security checks will add only 12 seconds (means it will take 12 +/- seconds for the security checks).

Its rediculous that the 12 seconds security checks make the reason of 2 to 3 years backlogs.

I am sure the BCIS will ask for extension of 60 day time to "365 to 450+" days to respond to the Law suit that they will cut & paste from their usual RD/ND notepad.


I prefere outsource the BCIS adjudication to INDIAN GOVT DEPARTMENT



Sg
 
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"I prefere outsource the BCIS adjudication to INDIAN GOVT DEPARTMENT "


Yeah, there at least we can pay money and get our work done, instead of going through all these Frustrations for years and years and spoiling our health, happiness and mental peace.
 
Have you seen that table mentions the current processing time for I-485?

IT IS 33 MONTHS in 2003. HOWMANY MONTHS IT WILL TAKE IN 2004??
 
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.
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He is on the same federal level position as the USCIS Director. He had 30 million budget for 2003. Do not know how much for 04. He reports directly to DHS Tom Ridge. He was supposed to open local Ombudsnan offices in different states. he is supposed to provide his first report to Congress this coming June, so he still has time to roll. He maybe a nice guy as the Director himself, but as the MPI Co-director wisely put it: "It may be above their pay scales". The show is run by a very few...
 
GOOD LUCK

Hello I saw mention and a cc of the complaint on visalaw.com - i wish you the best of luck - you will overcome -
 
expected side effect of this lawsuit?

Call me silly, but I do have one concern about this lawsuit - If by chance the USCIS has to respond to this litigation and other on-going projects to expedite the I-485 processing, given the current conditions (personnel, funding ect), they will have to move its staff from other kinds of cases to I-485 processing. I am especially concerned about the already seriously delayed I-140. In some ways, I-140 is far more important than I-1485 for those who are still in this stage because without an approved I-140, you cannot benifit from AC-21 and risk starting all over again at any time... Any insights from any one?
 
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I-140 processing delay and AC-21

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.
 
I-140

Last week I received a letter from BCIS that might explain I-140 delays. My I-140 was approved in April 2002 and my I-485 has been pending since then... I have already applied for a second EAD in September which is still not approved. Went to get an Interim EAD at the Tampa office and they have finally after three weeks given me a date on 14th January to come and get my EAD. Now about the letter: They want to revoke I-140 that they approved almost two years ago on the basis that they do not have enough information to approve it and they need company financial information again within 30 days or the application will be revoked. They say that they have a doubt that my company can pay my wages, which is a joke. I know they are just picking on me. One more thing they want to see is my Special registration information, a copy of my I-94 with my FIN # written on it. If I don't provide my I-94 with FIN# on it then they will revoke the approved application! Its not a big deal, my company will provide the information again and I'll provide them a copy of my I-94 but the letter was quite threatning and them going back to previously approved I-140s does not help people who are waiting for their I-140s to be approved..
 
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.
 
Thank you Mr. Khanna.
I have been writing to different authorities but it seems that the voice was going to deaf ears. Thanks a lot for filing the lawsuit.
The way Some of the officials are making laws or announcing the modifications in the name of security and ignoring the concerns of immigration comminity, I strongly believe that they are against individual freedom and getting nowhere.

I read somewhere : When you comprise Freedom in the name of security , You donot get either.
When these beaurocrats will understand that they or their ancestors were in the same shoes at some point of time.

Thanks again for all your efforts.
 
Re: I-140

Originally posted by nalasra
Last week I received a letter from BCIS that might explain I-140 delays. My I-140 was approved in April 2002 and my I-485 has been pending since then... I have already applied for a second EAD in September which is still not approved. Went to get an Interim EAD at the Tampa office and they have finally after three weeks given me a date on 14th January to come and get my EAD. Now about the letter: They want to revoke I-140 that they approved almost two years ago on the basis that they do not have enough information to approve it and they need company financial information again within 30 days or the application will be revoked. They say that they have a doubt that my company can pay my wages, which is a joke. I know they are just picking on me. One more thing they want to see is my Special registration information, a copy of my I-94 with my FIN # written on it. If I don't provide my I-94 with FIN# on it then they will revoke the approved application! Its not a big deal, my company will provide the information again and I'll provide them a copy of my I-94 but the letter was quite threatning and them going back to previously approved I-140s does not help people who are waiting for their I-140s to be approved..
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I don't think CIS can revoke it. Even if they did, and 180 days have passed, your I485 still works by AC21 as long as your job is in the same area. There is no salary/financial requirement in AC21.

CIS is just trying to scare people in my opinion..........
 
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.
 
Originally posted by operations
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.
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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.
 
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.
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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?
 
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.
Click to expand...

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

Yours seems like a very unique case.Did you receive the letter or was it received by your lawyer 'cause the I-140 petition is filed by the employer and USCIS won't even give you information about the pending I-140 if the beneficiary calls.
Did you change employers after your I-140 was approved ?? What do you think prompted the USCIS to go back and review your I-140 after it was approved. Are you sure your employer has not notified the USCIS of anything ???
 
Re: Yup!

Originally posted by operations
There are a lot of issues like that. I do not have all the answers. This lawsuit is an experiment in justice.
Click to expand...

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 !!!
 
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