Can We settle on These Bases?
- Thread starter Rajiv S. Khanna
- Start date
I am not sure they will accept ANY of these, but heck, we have to try. Othwise, there is always the Court. As I mentioned somewhere earlier, we are going on with the lawsuit full steam ahead. We are not stopping any efforts. If we can settle - great. If not, so what. we will fight on.
morpheus12
Registered Users (C)
I think these are sensible settlement points.
A couple of thoughts:
- I doubt they would agree to use PP funds for any specific purposes. It makes the job of drawing up a budget too hard, and few government agencies like to accept cash if it comes with strings attached on how they can spend it.
- I think any requests re citizenship eligibility are a stretch.
The ruling in the asylum case issued last week might be a wakeup call for the USCIS. If you read the ruling, the judge clearly indicates the INS/USCIS has no basis for issuing EAD's with only a one year expiry date.
Hopefully that ruling will put them in the frame of mind to settle this case!
Good luck Rajiv!
A couple of thoughts:
- I doubt they would agree to use PP funds for any specific purposes. It makes the job of drawing up a budget too hard, and few government agencies like to accept cash if it comes with strings attached on how they can spend it.
- I think any requests re citizenship eligibility are a stretch.
The ruling in the asylum case issued last week might be a wakeup call for the USCIS. If you read the ruling, the judge clearly indicates the INS/USCIS has no basis for issuing EAD's with only a one year expiry date.
Hopefully that ruling will put them in the frame of mind to settle this case!
Good luck Rajiv!
peace_of_mind
Registered Users (C)
Mr. Rajiv Khanna,
Original point
4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;
We should add....
In case of any immigration verification, USCIS or any other organization should not find any difference between conditional approval and actual approval, if not new type of problems would be created for conditionally approved GC's.
Original point
4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds;
We should add....
In case of any immigration verification, USCIS or any other organization should not find any difference between conditional approval and actual approval, if not new type of problems would be created for conditionally approved GC's.
Thanks for your input. I want them to tell me what they do not want to or cannot do. If they agree to meet, I will update you folks right away. I do not intend to make an offer for about a week. My be, wednesday, next week. I want us to think about this carefully.
I am adding this language:
"This “conditional” approval would carry with it all rights and privileges of LPR (green card), including commencement of the time required for naturalization"
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one 'small' concern
These 8 items are great!
However, myself and a few others are in a unique situation that might complicate item 4:
My concern is that if the approval is conditional on security grounds, then the green card may no longer be enough to remove export restrictions, and rather than wait for citizenship, the employers might just decide to lay us off.
However, I wouldn't want this fairly unique situation to prevent others from getting thier green card sooner. So if we can't eliminate the security condition I'll just hope for the best.
EDIT: I wrote this before the change in wording to item 4. This may be enough, even for those of us trying to work in the defense industry.
Thanks!
These 8 items are great!
However, myself and a few others are in a unique situation that might complicate item 4:
Myself and others are employed by various defense contractors. Our conditions for employment include compliance with unbelievably restrictive export laws. (our employers can not let us see anything that could be deemed 'technical data' without approval by the state department - this makes things so difficult that termination of employment is a serious risk for us) Once we get a green card, then almost all these restrictions are removed.
My concern is that if the approval is conditional on security grounds, then the green card may no longer be enough to remove export restrictions, and rather than wait for citizenship, the employers might just decide to lay us off.
However, I wouldn't want this fairly unique situation to prevent others from getting thier green card sooner. So if we can't eliminate the security condition I'll just hope for the best.
EDIT: I wrote this before the change in wording to item 4. This may be enough, even for those of us trying to work in the defense industry.
Thanks!
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Mr. Khanna,
Let the results of the negotiations be Positive or Negative and its beyond our control, your efforts and time
are invaluable for the EB community like light in dark and water in desert. ***Greatly Appreciated...*** No words to express Thanks...
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Re: one 'small' concern
Oh no. I would like us to accomodate everyone. But, there may be no way to hasten the security checks. But I will ask them. I will footnote this concern.
" Some provisions must be made for hastening the process of security checks for defense or export restrictions related jobs. These people not only need their LPR, they need it after completion of security checks."
Oh no. I would like us to accomodate everyone. But, there may be no way to hasten the security checks. But I will ask them. I will footnote this concern.
" Some provisions must be made for hastening the process of security checks for defense or export restrictions related jobs. These people not only need their LPR, they need it after completion of security checks."
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Re: Re: one 'small' concern
Thanks! I just hate to complicate things. I worry that by even mentioning the defense related jobs (or military service come to think of it), we simply highlight a reason for them not to be as willing to change things. Or they might agree, with the added restriction that those with conditional green cards can not take defense related jobs or serve in the military. But then, living in limbo like this for over five years has probably just made me paranoid.
Thanks! I just hate to complicate things. I worry that by even mentioning the defense related jobs (or military service come to think of it), we simply highlight a reason for them not to be as willing to change things. Or they might agree, with the added restriction that those with conditional green cards can not take defense related jobs or serve in the military. But then, living in limbo like this for over five years has probably just made me paranoid.
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thanks rajiv...
i have a second thought on this conditional approval. lets say uscis issued gc to somebody (regular gc & plastic card) and later find out some criminal connection then they will anyway revoke his gc, right? so there is no such thing as conditional gc pending security clearance. even if you cleared security today, later they discovered something, your gc is going to get revoked. i mean there is no way they will let you have gc after knowing u r criminal/terrorist.
so we can just call it unconditional. let them give "unconditional" stamping, (same way as they do all these days after 485 approval) after 180 days, so it is "LAWFUL PERMANENT RESIDENCY" (basically, absolutely no difference). they will give the plastic card after security verification.
i have a second thought on this conditional approval. lets say uscis issued gc to somebody (regular gc & plastic card) and later find out some criminal connection then they will anyway revoke his gc, right? so there is no such thing as conditional gc pending security clearance. even if you cleared security today, later they discovered something, your gc is going to get revoked. i mean there is no way they will let you have gc after knowing u r criminal/terrorist.
so we can just call it unconditional. let them give "unconditional" stamping, (same way as they do all these days after 485 approval) after 180 days, so it is "LAWFUL PERMANENT RESIDENCY" (basically, absolutely no difference). they will give the plastic card after security verification.
Re: thanks rajiv...
May be. Let them tell us why they cannot do it. By the way, revoking a green card is a lot more difficult usually.
May be. Let them tell us why they cannot do it. By the way, revoking a green card is a lot more difficult usually.
Looks Good
Thanks for all the hard work. The points look good, especially # 4. Herewith a couple of questions :
1. Do we need to add anything that we are definitely willing to give up ie bargaining points. If they start to negotiate and we back down on one or two requests, would that help us from a perception point of view ie make it look like we are being reasonable in trying to come to a resolution.
2. As I have a primary interest in EB1 (ex-L1A) applicants, do we need to spell out that this covers ALL Employment Based cases – especially as there is this vagueness in the AC21 interpretation?
I would have no problem if asked to pay a Premium Fee to get things moving - say $1000 to guarantee the stamp in 60 days (or something like this)!!
Thanks for all the hard work. The points look good, especially # 4. Herewith a couple of questions :
1. Do we need to add anything that we are definitely willing to give up ie bargaining points. If they start to negotiate and we back down on one or two requests, would that help us from a perception point of view ie make it look like we are being reasonable in trying to come to a resolution.
2. As I have a primary interest in EB1 (ex-L1A) applicants, do we need to spell out that this covers ALL Employment Based cases – especially as there is this vagueness in the AC21 interpretation?
I would have no problem if asked to pay a Premium Fee to get things moving - say $1000 to guarantee the stamp in 60 days (or something like this)!!
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PhillyJulyLC
Registered Users (C)
Re: Re: Re: Can We settle on These Bases?
These terms are so very good. Instead of pondering on whether these terms are good enough for us, I believe most people here are crossing figures for whether CIS is willing to settle with us and how close is their expectation to ours. If you could make some initial analysis on this, that would be great. Otherwise please do indicate what we could do to help make good things happen. Thanks...
PhillyJulyLC
Registered Users (C)
Re: Looks Good
Or, another way is to not propose #5, 6 and 8, so they won't have a chance to show their giving in and comprise by taking care of these little things. Make all requests solid good ones so they must face the hardcore questions and solve them one way or the other.
Thanks Rajiv!!!.
As per the workload data published by USCIS (dec 2003), total number of I-485 application pending is 1,242,783.
Assuming that they agree on Apr 2004 (they have bought time till March 30) for conditional approval after 180 days. This means people whoever filed on or before Sep 2003 will qualify.
Total # of 485 pending as of dec 2003 - 1,242,783
Total 485 filed on Oct, Nov, Dec - 140,308
This leaves 1,102,475 people eligible. My question is how much time will it take to process / approve these applications.
Assuming 100 IIOs per center and each officer approves 20 cases per day and 22 days per month.
1,102,475 / 400 = 2756.1875 cases per IIO
2756.1875 / 20 = 137.809375 days (20 cases per day)
137.809375 / 22 = 6.26 months......
Hhmmmmmmm. I may be wrong about these numbers....
If they agree for these terms, we need to hear from them, how they plan to achieve these.
As per the workload data published by USCIS (dec 2003), total number of I-485 application pending is 1,242,783.
Assuming that they agree on Apr 2004 (they have bought time till March 30) for conditional approval after 180 days. This means people whoever filed on or before Sep 2003 will qualify.
Total # of 485 pending as of dec 2003 - 1,242,783
Total 485 filed on Oct, Nov, Dec - 140,308
This leaves 1,102,475 people eligible. My question is how much time will it take to process / approve these applications.
Assuming 100 IIOs per center and each officer approves 20 cases per day and 22 days per month.
1,102,475 / 400 = 2756.1875 cases per IIO
2756.1875 / 20 = 137.809375 days (20 cases per day)
137.809375 / 22 = 6.26 months......
Hhmmmmmmm. I may be wrong about these numbers....
If they agree for these terms, we need to hear from them, how they plan to achieve these.