Attached is the Complaint we have filed

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Thank you Mr. Khanna

Thank you very much Mr. Khanna. I appreciate your help. you give lights to people who feel frustration.
 
will_get_there said:
Rajiv,

You must be aware of the new Ohata memo that was released to service centers on March 31 2004. I read it on Murthy Bulletin today.

Given the directions in the memo, the I140 will be placed on hold till I485 is ready for processing. This is like a death knell for AC21 Act. How can we change jobs now without an approved I140.

Can you talk to USCIS and in AILA about this and get some memo out saying that irrespecticve of I140 approval, if 6 months have passed since 485 was filed, AC21 can be used to change jobs.

If there is no such provision, half of the I140s are going to be denied since 485 is taking 2-3 years for adjudication. We all know USCIS is not agreeing to quick adjudication of 485... so they cannot hammer the GC applicants on both fronts - The AC21 and I485.

Can this position of USCIS be a criteria for a Law Suit since they are diluting the whole AC21 act for GC applicatns ?

Regards,
will_get_there
Click to expand...


AC21 has been under threat for long time. I have been waiting since 18 months (TSC). No approval of I-140 or I-485. Can't change employment and cannot be assured that employer will not file for chapter11. No Peace in Life... since 2002, the time I have applied for GC.
 
Quite a lot of people are getting into this boat and with no 140 approvals (atleast in NSC that I'm aware of), it's a disaster waiting to happen

"All you need to do is: Work on EAD without an approved 140 and anything from employer bankruptcy to layoffs can get us"

And since more and more people will file for 140's, the more people we'll have in this boat with no 140's being approved

if processing of 485 will have an effect on 140, then they need to clarify the usage of AC21 or suspend that rule altogether....

doesn't make much sense when they say "you need an approved 140 to use AC21" and then say "485 processing times will have a bearing on 140 processing"
....it's seems to be a cruel joke
 
Govt Council Arguement

Now the Govt council has argued that only 3 people in the suit have to have thier stuff cleared...Its good to prove that thousands of people have been waiting for 2 - 2.5 years by using the USCIS stats...and all those who have been waiting since a certain cutoof date say 08/2001....automatically qualify for GC with no RFE's...I think the gov council is trying to confuse the jugde saying that the settlement means giving money.....

Good lucK on the certification move
 
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