Can We settle on These Bases?

read from somewhere online USCIS will make EAD valid for two years. Anyone can confirm this?
 
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Rajiv,

I just want to let you know that I agree on all the points listed especially #4 .

Thank you for doing this.

Miguelv
 
Great job Rajiv. Thanks a lot for all your help and efforts to the EB GC community.

All the points looks great to me.

Thanks !!
 
Feb 12, 2004 fed judgement on asylee case

does this Feb 12 '04 judgement in Ngwanya v. Ascroft have useful info for 485 litigation especially concerning the hardship inflicted on the asylum seekers for repeated EAD/APDs docs etc >

-wac-ed
 
Root cause?

I believe the excessive delays with all of the immigration (140/AOS/EAD/AP/...) processing are due to fundamental problems that may be quite difficult to fix, unless they are addressed from top down.

Despite the level of suffering and harassment the immigration bureaucracy subjects us to, I still have some level of sympathy for the people whose jobs involve processing these forms day in and day out. I am sure this is an extremely boring job. Given the level of frustration amongst their customers, and the well publicized mistakes that allowed some bad guys to slip through, this is a thankless job as well.

I think that one of the main problems with the whole system may be that there aren't enough people to deal with the processing of the paperwork compared to the rate at which applications come in. Anyone who has studied queueing theory knows that if applications come in at a rate faster than they are processed, the queue size will grow quite rapidly and without bound. This is what has happened. To make matters worse, the recent (security related?) changes have probably added more steps to the process, most probably without increasing the number of people working on the processing, slowing down the speed of processing even more. To add insult to injury, I guess there are probably some pressures to prioritize one class of forms/applicants over another which is causing some of us to get screwed more than others.


The only real ways to address the processing delay problem are a combination of the following:

1. To increase the service rate (speed with which forms are processed) by employing more people to deal with the immigration forms

2. To simplify the process so that the amount of work required is smaller, increasing the service rate

3. To reduce the rate at which applications come in

Item 3 is not going to do anything to help people who are already in the system and waiting on one or more forms to be processed. (Nevertheless, this may be happening anyway as more top notch candidates figure that they would rather not immigrate into the US and put up with this sort of harassment. This is likely to hurt the US in the long term.). Item 2 can also help future applicants and future applications of people in the system (e.g., eliminating repeat EAD/AP). Item 1 is really the only way to address the interminable delays being experienced by current applicants, be they AOS/140/H1 whatever. To some extent we may see marginal speeding up of AOS, now that the H1 cap has been reached and not that many H1 apps will enter the system.

Given the current economic situation and election year politics we may not get much voluntary support from Congress/Dept of Homeland Security for increased funding for immigration processing.

One way to get DHS to voluntarily reallocate funding so as to increase funding for immigration processing may be to clearly articulate how the immigration processing delays for legal immigrants are actually making things worse from a homeland security standpoint. Everybody (even those not in the system) should be worried that the delays are actually making things worse from a security perspective. If a bad guy knows that there is no way his record is going to be looked at, say for four years after filing form X because of the processing delays, he can simply buy this four year time window in the US by filing form X. Of course the bad guys may not even bother going the legal route at all if the illegal route is easier. But hopefully the increased security is ensuring that it is difficult for bad guys to enter the country illegally.

Another way may be to bring pressure on Congress/DHS to fix the funding problem. I think this may be a good outcome of the lawsuit. In the short term, the law suit may ensure that some priority is shifted to AOS which is only fair given that we have been at the wrong end of this priority situation for too long. But to be really effective, I think we should argue for punitive damages. If the courts award punitive damages, Congress/DHS may see the advantage of increasing the funding instead of continuously paying punitive awards. I don't know if we can go there, or if the courts would go that far. But it would be a good way to attack the problem at its roots rather than cosmetically.

Increasing the application fee/premium processing fee will do nothing unless the increased fee actually results in an overall increase in processing speed, which will happen only if Congress appropriates more $$ for immigration processing, or DHS does some internal reallocation of their budget. Otherwise the application fees may simply go back into the revenue bucket and disappear into the overall DHS budget, while the system remains broken.

The temp GC proposal is essentially asking USCIS to change the process a bit so that the most painful issues are addressed and we get some immediate relief, but it does not really change the overall process. We are saying they can take as long as they want to complete the remaining portion of the processing, so long as they effectively release us from the bondage that we are under. While this will help immensely in the short term, if the overall process stays as is and does consume the same or more cycles from the USCIS personnel, and nothing else changes in terms of funding or one of the items above, we will eventually see delays growing unbounded elsewhere in the system, perhaps at the citizenship point.

I also sometimes wonder if the delays in EB AOS are actually by sinister design rather than because the process is busted. After all, someone who is unfamiliar with the legal immigration process, and has a short-sighted view may argue that given the job losses suffered in the recent past, delaying/denying EB applicants may be appropriate given the absence of job growth and the continuing job losses. Besides being a flawed opinion to begin with, EB immigrants in the AOS stage (and of course some of the earlier stages as well) have already successfully crossed the existing barriers that have been in place to verify employment eligibility. Deliberately screwing such people because things are not too good now, amounts to changing the rules mid-way through a game, which goes against the foundations of fairness that this country's constitution is built on. For this reason, I sincerely hope that the problems are really due to a busted process rather than due to an unjust and possibly illegal intent.
 
No official confirmation, but...

Originally posted by hidden_dragon
read from somewhere online USCIS will make EAD valid for two years. Anyone can confirm this?

One of our clients just received a 2 years approval of EAD.
 
Comments

My gut feeling is that someone in the USCIS is watching and evaluating each and every move and comment on this forum. They may already know what they will be getting from us. Giving a 2 year EAD may be part of the plot to cover their ground before the case. Any comments?

I was trying to pursue one of friends (whose I-140 has been recently cleared) to be a petitioner to the Complain. He was very concerned that he may be harassed or may be denied his GC as USCIS may tend to do so for some who were part of the petition. Any comments?

I strongly believe in you Rajiv and am very proud of what you are doing for us. Thanks and God Bless.
 
Friday

The 2-year EAD has been in the US CIS discussions for some time, before the lawsuit. Even if they make it for ten years is just a ploy to postpone our GC. It may help them, it does not really help us.
 
Change of Job

Could somebody please explain me with these provisions (including the interim GC) when would somebody be able to take up a job different from that mentioned in the LC?

I feel a lot of us is stuck at the current career level because of this restriction.
 
Re: Root cause?

the tempGC is a big change in the process in the sense that they don't have to check employment, medical, birth certificate, etc, etc that they check, while approving the 485. the only thing is security.

the fact is, in employment based cases, the employment is verified at the 140 level. uscis again checks this at 485 level. basically everything is verified again and again and is a huge bottleneck at 485 level. instead they should do it step by step like a production or assembly pipeline. check employment & ok it, check medical - ok it, check FP - ok it, etc etc etc and not going back to it once verified. keep security for the last step. once everything except security is verified issue tempGC and give actual card once security is verified. instead they try to locate all files at the end of 485 and make a big mess complicating the process for themselves.

btw, this will result in a huge decrease in EAD and AP applications. remember EAD are most received application at uscis. so this will give them more time to concentrate on other thing. this concept of AP itself is stupid imho, but i guess that is a different topic altogether.

this is the solution that *"looks like"* panacea at the moment. every other solution will require a lot of time from uscis. this will solve the problem from our side as well as their side.


edit- if uscis is not comfortable with keeping security as last step, what they could do is - as soon as 485 is received start security (side by side) and start the employment, medical, fp checks. by the time these are verified (say 3 months) the security results sould be ready and so approve the 485. even if security is not available they should have some rule saying if results are not ready in 90 days then give conditional approval. since uscis claims 97% of security verifications takes only minutes this shouldn't be a problem. but ofcourse these are long term solutions. we need some relief for the sufferings we have had all these days. so many people are living in a quandary when they will lose their jobs and dreams. thats why we need this tempGC.



Originally posted by gazpacho
The temp GC proposal is essentially asking USCIS to change the process a bit so that the most painful issues are addressed and we get some immediate relief, but it does not really change the overall process. We are saying they can take as long as they want to complete the remaining portion of the processing, so long as they effectively release us from the bondage that we are under. While this will help immensely in the short term, if the overall process stays as is and does consume the same or more cycles from the USCIS personnel, and nothing else changes in terms of funding or one of the items above, we will eventually see delays growing unbounded elsewhere in the system, perhaps at the citizenship point.
 
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Re: Re: Root cause?

I agree a prompt of 485 adjudication is the key, if we can leave out the security check tempararily. Obviously the longer we wait, the more employment, health check etc we have to repeat, plus AP, EAD. All these burden on USCIS should be much reduced if a case is decided in 6 months, hence improve the efficiency.

Originally posted by tmc
the tempGC is a big change in the process in the sense that they don't have to check employment, medical, birth certificate, etc, etc that they check, while approving the 485. the only thing is security.

the fact is, in employment based cases, the employment is verified at the 140 level. uscis again checks this at 485 level. basically everything is verified again and again and is a huge bottleneck at 485 level.
 
Re: Interim EAD after 90 days rule for others and 30 days for asylum???

Dear Mr. Rajiv,

Interim EAD after 90 days rule for others and 30 days for asylum??? why different rule for asylum?? Don't you think, we should ask USCIS to make same 30 days rule for every one in order for to discriminate EB category???.

Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.

http://uscis.gov/graphics/howdoi/ead.htm

Thank you,

Originally posted by operations
One of our clients just received a 2 years approval of EAD.
 
Life after GC

I think we will be muddling the issues if are caught up in the definitions and provisions of LC, AC21 etc. etc. when we are looking at the lawsuit.

The point I am referring to is the discussion on whether we can change jobs after getting GC and what would we be violating - LC or AC21 or something else...

I frankly have not come across a single case where GC has been revoke just because one changed jobs after GC unless one has a very acrimonious relationship with one's employer that they would go to the extent of jeopardizing your existing GC. So this point I think we should put to rest.

So the sole aim here is to improve the processing efficiency of emplyment based 485 so that they would be processed in reasonable time.

Based on that I think interim GC is a good concept. But that adds to the processing burden the service center already have - like defining rules, procedures, physical cards, when one can get it, their retirement after awarding GC, the whole slew of things... Then that will become another nightmare stage.

So my suggestion is treat EAD as interim GC by expading the scope and validity.

Second point is to provide the means by sufficient funding to adjudiacte cases based on premium processing or better allocation of funds.

Finally let us not suggest for more debate on LC, AC21 or I140 or 485 or something else. Then we would end with up in a bureauracratic mess.

In fact my personal opinion is AC21 has craeted more mess than it cleared. Simply they should have said EAD valid until 485 adjudicated and is portable like kind of interim GC. No strings...
 
Re: Life after GC

It is not your employer who try to revoke your GC. It is when you apply for citizenship, you will be examined. Very short stay with 'future' employer after GC may be condisered fraud.

Originally posted by Stuckintexas
I think we will be muddling the issues if are caught up in the definitions and provisions of LC, AC21 etc. etc. when we are looking at the lawsuit.

The point I am referring to is the discussion on whether we can change jobs after getting GC and what would we be violating - LC or AC21 or something else...

I frankly have not come across a single case where GC has been revoke just because one changed jobs after GC unless one has a very acrimonious relationship with one's employer that they would go to the extent of jeopardizing your existing GC. So this point I think we should put to rest.

So the sole aim here is to improve the processing efficiency of emplyment based 485 so that they would be processed in reasonable time.

Based on that I think interim GC is a good concept. But that adds to the processing burden the service center already have - like defining rules, procedures, physical cards, when one can get it, their retirement after awarding GC, the whole slew of things... Then that will become another nightmare stage.

So my suggestion is treat EAD as interim GC by expading the scope and validity.

Second point is to provide the means by sufficient funding to adjudiacte cases based on premium processing or better allocation of funds.

Finally let us not suggest for more debate on LC, AC21 or I140 or 485 or something else. Then we would end with up in a bureauracratic mess.

In fact my personal opinion is AC21 has craeted more mess than it cleared. Simply they should have said EAD valid until 485 adjudicated and is portable like kind of interim GC. No strings...
 
Idea....

Becoz most of us are stuck at the current career bcoz of 485, maybe the USCIS shud let us take any job after XX number of pending days for 485. This wud be just like a GC and be a ad hoc "privelege" without even having the need to go and get our passports stamped.......so If I filed in Dec 2002 for 485, the new rule wud say that since u have crossed 180 days (or 270 days?), u can change jobs as if u had a GC....a new "Super Portable" condition with no need to apply again for EAD/AP......

And yes, I also think USCIS is monitoring this board, afterall it is the folks here that have filed a lawsuit.........I wud If I were them.....who knows the FBI might be looking too....did anyone see the ghost of J Edgar Hoover....?? :)

Once again, thanks Rajiv for all ur help!! U da man!!
 
Re: statistics represent reality

Originally posted by functionalalert
http://www.usvisanews.com/memo2218.html


1,242,783 I-485 cases pending. they are gloating about processing 20000 cases a month at that rate you calculate how long it will take

As per the USCIS.GOV website,
http://uscis.gov/graphics/publicaffairs/newsrels/backlogfy2005.pdf

Today, and each business day, USCIS will: process 140,000 national security background checks; receive 100,000 web hits; take 50,000 calls at four National Customer Service Centers; adjudicate 30,000 applications for an immigration benefit; see 25,000 visitors at 92 district offices; issue 20,000 green cards; capture 8,000 sets of fingerprints at 130 Application Support Centers; welcome 3,000 newly naturalized citizens; greet 100 refugees; and help American parents adopt 100 foreign children.

If they issue 20,000 greencards each business day, they should clear the backlog of 1.2 million in 60 days. I wonder what they mean by issuing 20000 greencard.
 
I-140 backlog

Dear Mr. Rajiv,

Thank you for speaking for us.

A lot of us who are suffering the long waiting pain is because the I-140 processing has been experiencing a terrible delay for more than half a year. We were told once the H-1B cap is reached, USCIS will move the adjudicating forces from the H-1B production line to the I-140's. Now, the cap is reached but we haven't heard anything from USCIS that when they will start to work on the I-140 backlog.

Reducing I-140 backlog is crucial for the current situation. Do you have any information when USCIS will speed up the I-140 process? Would you speak to people in USCIS regarding this matter?

Thank you for your help

Neekluck
 
security checks are a repressal mechanism

Lynch's union estimates that, with current staffing levels, it would take 10 years just to do the security checks on 8 million applicants. "Unless we have a better program for allocation of resources . . . it will sink us," she declared.



this is from the article posted earlier in this thread


we all know the following facts:

1. all people who apply for employment based gc have been through h1 and many years of education,have degrees and come from countries like india and china where not even one al qaeda member has been found.

2. these PEOPLE are already PHYSICALLY PRESENT IN THE UNITED STATES. now think about this point seriously. which immigrant would deal with years of suffering repression and slavery at the hands of the uscis to be a security threat?? the answer is ZERO. all the people in this queue are here to become citizens the only way they can,through employment, as even the lottery option is closed to them. for daring to dream this, the uscis punishes them into years of bondage,slavery,misery,suffering and torture, all this IN AMERICA?? land of the free (free only if you have no dealing with uscis)


3. a person with bad intent doesnt apply for a green card and wait for 3 years to get labor certified to cause any damage. does he??

4. if anyone is a threat it is the people who sneak in from mexico's land border withour DOCUMENTS and they could be from countries that have terrorism as a state policy like libya pakistan and saudi arabia yemen etc. this naturally does not refer to the hardworking mexican folk who come here for the dollar



5. george w bush had an original plan for immigration benefits in 6 months. maybe uscis feels they dont need to follow any system that is efficient and humane. they are obviously above bush and clearly dont believe in the laws of this country


6. the security checks will probably reveal a few dui.s a few basic domestic abuse cases etc, but no serious things will be found and remmeber the applicants ARE ALREADY PHYSICALLY PRESENT IN THE UNITED STATES. does switching them from a life of slavery to a life of freedom change anything in regards to their intent? the answer is NO and we all including the uscis know that.

6. big companies and uscis may have some dealings in which they continue to delay and deny and issue mindless rfe's just to suffocate and choke the applicants. I hope common americans realize what the uscis has done to champion the cause of democracy equality and liberty.

7. my major bone is with the DOL who intentionally sat on the files for 3 years when the processing in california in dec 2000 used to take 3 months. in april 2001,they started 'sleeping" on the files in order to encourage the practice of legal enslavement.
uscis is continuing the policy of "squeezing the blood" ounce by ounce

this board has provided the mechanism to remove some of the frustration that we are showing to to this "repressal" of freedom


my suggestion is for the uscis to to do intense security checks on people who have high risk like how ailrines do. This should be based on arbitrary factors of risk and danger to the country.
the uscis in additon to being incompetent and criminals are also plain STUPID. they are profiling the wrong group of people.

remmeber they issued a VISA after september 11 to a terrorist of 9/11 when the 19 people's names were in every newpaper on the planet.



i hope the lawsuit goes to court and the judge pronounces a damning judgement on these people. god will also pronounce his judgement on these people in this lifetime

satyameva jayate
 
Re: Re: statistics represent reality

Simple Stats
How long it takes to process GC if the statement by USCIS Director is TRUEEEEEEEEEEE

1.taking into consideration I-485 pending cases and GC Renewal
(1,242,783 +657,365 =1900148/20000 = 95 Days)
2. Ok for his benefit take I-130 also in GC catogory

(1,242,783 +657,365+1,943,476 =3844624/20000 = 192 Days)

If what he says is true -he would have long back acheived the president goal of 6 months processing.I have never seen such a Monster liar in my life





Originally posted by ClevelandGuru
As per the USCIS.GOV website,
http://uscis.gov/graphics/publicaffairs/newsrels/backlogfy2005.pdf



If they issue 20,000 greencards each business day, they should clear the backlog of 1.2 million in 60 days. I wonder what they mean by issuing 20000 greencard.
 
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