Can We settle on These Bases?

Re: I-140 backlog

Originally posted by needluck4GC
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
Click to expand...

Rajiv is aware of all this vicious circle between LC, I-140, I-485 delays. I am sure he will do his best as we should do. If we all do our best, then irrespective of the outcome we have won!
The one who should be speaking with US CIS on a regular basis is the Ombudsman and AILA......
 
Is this Realistic??

Mr Khanna,

I understand that we should try to get the best posible situation for a remedy, but are all these terms really realistic?

We know we could settle for this, but would the Defendant?

El Negro
 
Fairness Criteria

Hello Mr.Rajiv

Can we also add "fairness criteria" as a point in the litigation?

While people in Oct-Dec 2001 are still waiting, Sep/Oct - 2002 filers get adjudicated. While I do not envy them this difference is totally unacceptable and really reflects some inefficiency in the system.

Thanks
 
Re: security checks are a repressal mechanism

Originally posted by functionalalert


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.
Click to expand...

GOOD POINT FUNCTIONALALERT

When all the applicants are already here in US. Every day they are delaying for security check is a big risk for the country. It is like they are saying...
We won't issue green cards to terrorist... but we will allow them to stay in US as long as possible.
 
Re: Re: Re: statistics represent reality

Originally posted by jhonyrk
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
Click to expand...

They just pull all these numbers from air to make themself look good. It is like the 2.6 million new jobs figure by Bush.
 
Re: Re: statistics represent reality

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.
Click to expand...


ClevelandGuru,

Whatever you are smoking must be good. They say 20,000 GCs per month, not per day. At 20,000 GCs per month, it would take 62 months which is 5 years and 2 months, not 60 days. Just wanted to clarify.
 
Re: Re: Re: statistics represent reality

Originally posted by CloseToGod
ClevelandGuru,

Whatever you are smoking must be good. They say 20,000 GCs per month, not per day. At 20,000 GCs per month, it would take 62 months which is 5 years and 2 months, not 60 days. Just wanted to clarify.
Click to expand...

CloseToGod,
Please read the link posted...
http://uscis.gov/graphics/publicaffairs/newsrels/backlogfy2005.pdf

It clearly says.. "TODAY AND EACH BUSINESS DAY".

WHAT ARE YOU SMOKING? :)
 
Re: Is this Realistic??

Originally posted by Elnegro
Mr Khanna,

I understand that we should try to get the best posible situation for a remedy, but are all these terms really realistic?

We know we could settle for this, but would the Defendant?

El Negro
Click to expand...


We will find out. We will let the court decide if they do not wish to help us.
 
Re: Attached is a alghtly modified settlement

Originally posted by operations
...proposal.

Small changes were made based upon your input.
Click to expand...


____________________________________________________

Rajeev,

Are we modifiying the complaint because in the complaint there is no mention of 140 delays

"This action challenges the unreasonable delays in processing of Emplyment Based Adjustment of Status(AOS) Application Pending before all Service Centers of UnitedStates Citizenship and Immigration Services(USCIS)"


I don't know how you will justify including the I140 delays as it is clearly mentioned the complaint is for AOS.

Please comment.
 
no more employment RFE

When looking at the recent approvals in Rupnet, it struck me that
1. Vermont approve more cases than other centers
2. The cases recently approved by Vermont did not have an RFE, while the few cases approved by Nebraska had an RFE (90% of them).

I know Rupnet is just a sample of all the cases, but it would make sense if USCIS issued an internal policy stating that no employment RFE should be issued in I-485 cases over 180 days. This would save everyone a lot of time and hopefully help them clear some of the backlog.

Just a thought.
 
Re: Attached is a alghtly modified settlement

Originally posted by operations
...proposal.

Small changes were made based upon your input.
Click to expand...
Looks good to me, but I think the order of the points should be adjusted to show the major points we are working on. #4 should go first, then #1, #2 etc...
 
Re: Re: Attached is a alghtly modified settlement

Originally posted by shsa
____________________________________________________

Rajeev,

Are we modifiying the complaint because in the complaint there is no mention of 140 delays

"This action challenges the unreasonable delays in processing of Emplyment Based Adjustment of Status(AOS) Application Pending before all Service Centers of UnitedStates Citizenship and Immigration Services(USCIS)"


I don't know how you will justify including the I140 delays as it is clearly mentioned the complaint is for AOS.

Please comment.
Click to expand...


For now, I am not amending the Complaint. But if CIS is unreasonable, we might broaden the scope of the litigation to include ALL delays.
 
RE: Backlog

Thank you so much for your effort Mr. Khanna.

Like a lot of people here, I think that if #4 becomes a reality, it would make an enormous difference.
And I think that the suggestion that somebody made earlier is extremely interesting: when somebody go get their Passport stamp, they should do the FP at the same time (if they hadn't done them already). Like this, it would allow the applicant only one trip to the Local Office and less time wasted.

I also have some thoughts on AC-21.
I think that, in case #4 doesn't become a reality, AC-21 should be use to change job and allow us to work anywhere without restriction on the job description (no similarity anymore). Also, in case of concurrent filer, I think we should not wait on I-140 to be approved to be able to use the AC-21.

Thanks again for your incredible work
Luna
 
No Settlement Without 4th Item

Originally posted by operations
...proposal.
Small changes were made based upon your input.
Click to expand...
In my understanding,
there is no room to settle with USCIS
unless USCIS agrees to implement 4th item or its minor amendement immediately.
 
Re: Re: Re: Attached is a alghtly modified settlement

Originally posted by operations
For now, I am not amending the Complaint. But if CIS is unreasonable, we might broaden the scope of the litigation to include ALL delays.
Click to expand...

Rajiv,

Great job. You deserve sweets from OakTree Road in NJ. I will get some for you when I visit VA and if your staff allows me to meet you.

Indeed it is important to make it clear that there is no U-turn on this highway.
 
Great job Rajiv

One small doubt to be included in the points:

What happens to the dependants if the primary applicant is no longer there at the time of approval in the amended proposal ?
For example both the primary and dependant get conditional GC's, what would happen if they got divorced or the primary is dead or unable to be in the country?

How would this be covered ?
 
Great Job - lets cut to the chase and move forward!

Great job with the amended proposal.

I suggest we stop bickering and fighting amongst ourselves and put this to the vote. There are enough important issues covered and the sooner we agree to move forward, the sooner we will see whether the USCIS is really sincere about addressing ANY issues.

Once we have the issues (as outlined in Rajiv’s amended proposal) addressed, I believe it sets a precedent for other issues to be addressed in a similar manner.

Lets get moving and test the waters! Lets set up a vote to get general agreement on this.
 
Ability to change the law ......

In assessing what we are able to ask for, we should remember this point :

We cannot change the law

Therefore, we should go for things that will speed up the process and free up resources to tackle the items that need to be addressed, but we cannot change the law on.
 
You must log in or register to reply here.
Top