Attached is the Complaint we have filed

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Excellent work by Rajiv Khanna !

I am just curious to know the BCIS side of the story as to why 485 takes 2-3 years ? What are they checking ? When I asked FBI after fingerprinting, they say they check and send to BCIS immediately.

So what are they checking and how long does this check take (after checking the position exists in labour, company check in 140 )?

And more importantly, why are we the employment based filers considered such low priority over illegal immigrants and refugees (after filing > 15K on taxes). I am thinking of asking for refugee status !
 
Hi Rajiv,

Can we have a link to the law suit complaint doc direclty.

So that when we give link to other web sites they can directly point to the Complaint Doc, instead of pointing to this thread. .

Just a thought.
 
My sincere appreciation and thanks to Mr.Rajiv and other active members. Please check with "Further Action" thread.
 
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Re: Comments on Lawsuit

Dear Mr. rajiv and team,

I agree with Lowell 100% that we also need to add 'National Service Center' as a defendenant since 4 service centers are transferring case to 'National Service Center' as well as to the local service center like NY, CHICAGO-IL and ATLANTA-GA where huge dely for the transferred cases to get process.

Thank you!!

Originally posted by lowell
Could we also add the USCIS district offices and sub-offices to the Page 4, item 1 behind the Service Centers of the USCIS.

The reason is many cases were transferred from Service Centers to local offices for them to conduct interview. However, many local offices are also severely backlogged (very few of them can conduct interview within 2-3 months. Many local offices have a waiting line from one year to two years.).

If we really win the lawsuit, the Service Centers can reduce their backlogs in three months by transferring all the cases to local offices. We need to specifically add a clause in the lawsuit about the backlogs at the local office level. Also different local offices have different rules about the waiting line. Some is based on the receipt date filed at Service Center. Some is based on whatever time they received the file. It is very ‘unfair’ to applicants based on where they live because they were ‘discriminated’ by the processing time at different local offices.
Click to expand...
 
Re: Re: Comments on Lawsuit

Originally posted by feb6361
Dear Mr. rajiv and team,

I agree with Lowell 100% that we also need to add 'National Service Center' as a defendenant since 4 service centers are transferring case to 'National Service Center' as well as to the local service center like NY, CHICAGO-IL and ATLANTA-GA where huge dely for the transferred cases to get process.

Thank you!!
Click to expand...

I guess its appropriate to add Local Service Centers. In California it seems transferring 485 cases to local service centers is becoming a solution to reduce backlogs at CSC.

Though we may not able to list them all in the complaint may be we can include "All Local Service Centers" as part of defendents.
 
Thanks a bunch

Thank you very much Mr. Khanna. The whole immigrant community surely is proud of you. WE WILL DEFINITELY WIN.
 
A FEW POINTS

Rajiv and interested members,

1: The I-140 delays/backlogs are not so severe. Recent developments in DOL backlog reduction plan and Concurrent processing provide a way out to I-485 backlog problem.
2: MSC, to my opinion is not officially designated by USCIS as an Employment-based Service Center, but Family based centralised center.
3: Local Service Centers, YES. They do have backlogs and also are being used as unloading centers.

LAWSUIT: Please take this as additional info if you wish..or just as an observation. page 15, AC-21, etc. In November 19, 2002 we also have the DHS Act: Section 457 (Funding), Section 458(Backlogs), Section 452 (Ombudsman), Section 459 (Report on Improving Immigrationn Services).

This can also be used as additional reference and being the latest in the immigration saga.

Section 458:

http://news.findlaw.com/hdocs/docs/terrorism/hsa2002.html

SEC. 458. BACKLOG ELIMINATION. Section 204(a)(1)of the Immigration Services and In-2
frastructure Improvements Act of 2000 (8 U.S.C.3
1573(a)(1))is amended by striking ''not later than one year 4
after the date of enactment of this Act;''and inserting ''1
year after the date of the enactment of the Homeland Secu-6
rity Act of 2002;''.
 
US DISTRICT COURT OF COLUMBIA

Judge Robertson: A brief profile:

http://www.dcd.uscourts.gov/
http://www.lawyerscomm.org/

Lawyers' Committee for CIVIL RIGHTS ..founded by President Kennedy.


Judge James Robertson

Judge Robertson was appointed United States District Judge in
December 1994. He graduated from Princeton University in 1959
and received an LL.B. from George Washington University Law
School in 1965 after serving in the U.S. Navy. From 1965 to 1969, he
was in private practice with the law firm of Wilmer, Cutler &
Pickering. From 1969 to 1972, Judge Robertson served with the
Lawyers' Committee for Civil Rights Under Law, as chief counsel of
the Committee's litigation offices in Jackson, Mississippi, and as
director in Washington, D.C. Judge Robertson then returned to
private practice with Wilmer, Cutler & Pickering, where he practiced
until his appointment to the federal bench. While in private practice,
he served as president of the District of Columbia Bar, co-chair of the
Lawyers' Committee for Civil Rights Under Law, and president of
Southern Africa Legal Services and Legal Education Project, Inc.
 
Re: A FEW POINTS

Cinta,

There are so many cases of EB I-485 cases got transferred to MSC including my case with RD 01/22/2002. My case got transferred from VSC to MSC on 10/29/2003 and no news after that and haven't received transferred noticed also.

Thanks


Originally posted by cinta
Rajiv and interested members,

1: The I-140 delays/backlogs are not so severe. Recent developments in DOL backlog reduction plan and Concurrent processing provide a way out to I-485 backlog problem.
2: MSC, to my opinion is not officially designated by USCIS as an Employment-based Service Center, but Family based centralised center.
3: Local Service Centers, YES. They do have backlogs and also are being used as unloading centers.

LAWSUIT: Please take this as additional info if you wish..or just as an observation. page 15, AC-21, etc. In November 19, 2002 we also have the DHS Act: Section 457 (Funding), Section 458(Backlogs), Section 452 (Ombudsman), Section 459 (Report on Improving Immigrationn Services).

This can also be used as additional reference and being the latest in the immigration saga.

Section 458:

http://news.findlaw.com/hdocs/docs/terrorism/hsa2002.html

SEC. 458. BACKLOG ELIMINATION. Section 204(a)(1)of the Immigration Services and In-2
frastructure Improvements Act of 2000 (8 U.S.C.3
1573(a)(1))is amended by striking ''not later than one year 4
after the date of enactment of this Act;''and inserting ''1
year after the date of the enactment of the Homeland Secu-6
rity Act of 2002;''.
Click to expand...
 
Local BCIS Centers

Originally posted by rk4gc
I guess its appropriate to add Local Service Centers. In California it seems transferring 485 cases to local service centers is becoming a solution to reduce backlogs at CSC.

Though we may not able to list them all in the complaint may be we can include "All Local Service Centers" as part of defendents.
Click to expand...

The list of defendants in Page 2 mentions USCIS itself as one of the defendants. Also see item 29 (ii) in page 11. It talks about I485 applications pending at Service Centers and other USCIS offices. So basically the current complaint covers (includes) the local offices of USCIS. Ofcourse, we can put this more clearly if Rajiv wants it.

One thing i have noticed is regarding item1 in page 4. It says that this lawsuit challenges the "delays in the processing of Employment Based Adjustment Of Status applications". I think we are missing the key word "Permanent Residence" here. That sentence should be modified to say "Adjustment Of Status for Permanent Residence" . This makes it clear who we are.
 
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Dear Mr. Khanna:

Thank you very much. I wish you and your family to have a very happy holiday. God bless you.
 
Re: A FEW POINTS

Originally posted by cinta
Rajiv and interested members,

1: The I-140 delays/backlogs are not so severe. Recent developments in DOL backlog reduction plan and Concurrent processing provide a way out to I-485 backlog problem.
2: MSC, to my opinion is not officially designated by USCIS as an Employment-based Service Center, but Family based centralised center.
3: Local Service Centers, YES. They do have backlogs and also are being used as unloading centers.

LAWSUIT: Please take this as additional info if you wish..or just as an observation. page 15, AC-21, etc. In November 19, 2002 we also have the DHS Act: Section 457 (Funding), Section 458(Backlogs), Section 452 (Ombudsman), Section 459 (Report on Improving Immigrationn Services).

This can also be used as additional reference and being the latest in the immigration saga.

Section 458:

http://news.findlaw.com/hdocs/docs/terrorism/hsa2002.html

SEC. 458. BACKLOG ELIMINATION. Section 204(a)(1)of the Immigration Services and In-2
frastructure Improvements Act of 2000 (8 U.S.C.3
1573(a)(1))is amended by striking ''not later than one year 4
after the date of enactment of this Act;''and inserting ''1
year after the date of the enactment of the Homeland Secu-6
rity Act of 2002;''.
Click to expand...


Great work. Thank you. I am reading every post, but I will not coment on each - takes too much time. Keep your suggestions coming. I will see if we need to amend the Complaint. That is not at all difficult.
 
Rajiv Sir,

That is a wonderful step from your side. It is a great job. I cannot find words for your benevolence.

Can you have another one for 140 too?

Tussi great ho!!! Keep it up.
 
OK first one from my side (No one can ever beat a Jharkhandi):

New York Times:
news-tips@nytimes.com
Area : NY, NJ, CT

Star Ledger:
Tom Curran
Assistant Managing Editor / Investigations
Phone:973-392-4003
E-mail:tcurran@starledger.com
Area: NJ

New Jersey Press Association
840 Bear Tavern Road,
Suite 305, West Trenton, NJ 08628-1019
609-406-0600 / fax 609-406-0300

Let me know when we need to send the details and what all details?
 
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