Attached is the Complaint we have filed

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Originally posted by Jharkhandi
vicky_usa,

Can you post the source?
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Jarkhandi

i dont have any link for that. We work for USCIS and this is an msg from their office to their vendors.
 
Mr. Khanna,

I appreciate your bold to step go head on against the likes of John Ashcroft and Tom Ridge, who are inclined to take national and internal law into their own hands. This step is even bolder considering these days of orange alerts, detained people with no legal access and partiot acts.

I am both optimistic and skeptical about this case. I think it is enough to use one word like "national security" by USCIS in the court to impress upon the judge to justify delays. Goals like "pursuit of happiness" are deemed less important than national security. ( USCIS comes under Home Land Security)

USCIS can also use AC-21 saying that after 6 months into a pending AOS, one can change jobs. Our only strong point here becomes "no career advancement thru promotions/transfers" because we have to stick to same job-category/salary/state.

I consider filing this law suit itself as a big victory, we now have the opportunity to ease our situation just by mentioning this case in as many forums as possible, with media being the most important .

Sridhar
7 years on H1, in CT Labor
( spent 7.5 months in 2002 and 6 months in 2003 in pending H1 extensions with USCIS )
 
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Mr. Khanna
I already broke the coconut, spread sweets among the children for the future and victory. Goodluck.
 
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.
 
they cannot argue that security measures are the cause for the delay...

if that is the case how come the consulates process the same case in <6 months? this security stuff is all a junk excuse.

btw, it can also work against them - if they take >2 years to process the security clearance for one person, then that person is free to plan terrorist activities for 2 years. only at the end of 2 years will USCIS be able to determine that the person is fraud. this is BAD for them too!!!
 
Rajiv Sir,

Let me add something to hrithikroshan11's post.

Think about a situation - two people apply concurrent 140-485 from two different centers on the same date. One of them - say A - gets it clear in 4 months flat. For him 180 days is 180 days of filing of 485.


Now B gets 140 cleared in 18 Months. For him 180 days practically means 18 months. This is the fallacy.
 
Originally posted by operations
The community at ImmigrationPortal.Com and other concerned people have filed a law suit against Immigration Services (USCIS) on 22 December 2003.

Please read attached complaint. Add your comments please.

Regards. Rajiv.
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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
 
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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Happy New Year !!!

Not to be spoil sport here, but cannot stop asking this question.

Isn't I-140 filed by the Employer and "The Employer" is the applicant here ? I think then the beneficiary is the Employer.

If that is the case, then how can an individual the employee can be a plaintiff for any class action again I-140 delays.

Please throw some light on this.
 
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140 is filed for an employee by an employer. Unlike labor which belongs solely to the employer, I140 belongs to both employee and employer.
 
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.
 
Thanks for action

Dear Rajiv,

Thanks for your bold step - Let's hope we get good answer. I am sure immigrant community is whole heartedly thanking you for this initiative. I hope and pray our cases are heard soon and the worst ever services offered by BCIS changes its path little bit.

Wishing everyone a Very Happy New Year!!!!

KS
 
Drivers license is also dependent on EAD.

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.
 
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
 
EAD card not required for driver licenses!

EAD card is not required for driver license renewal. I used a copy of my I485 receipt at the DMV in Florida. They checked the status of my case online and renewed my Driver license for 2 years!! I have an expired EAD card which they looked at but they did'nt require me to have a valid one... A pending application receipt with immigration is all they want with a valid SRC number...
 
Drivers license - EAD required

In Ohio BMV ask for either H1 approval notice or EAD to determine the expiration date of drivers license. My wife's (and many of my friends) drivers license originally was issued for 3 years based on H4 approval notice and it is renewed for 1 year based on EAD. I-485 receipt notice doesn't have the validity dates, so it is not considered as proof of authorized stay as per BMV in Ohio.
 
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