Can We settle on These Bases?

FPs...

we may also need to add that they should send out FPs in order (atleast for TSC). there is absolutely no order in this. i haven't gotten my FP after 15 months of filing whereas people for 2003 have got FP from TSC. it is really sick. i mean they can't even do some scheduling properly.
 
Question

<RAJIV'S COMMENTS>
Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card, there being no further evidence of employment required, evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds . This “conditional” approval would carry with it all rights and privileges of Lawful Permanent Residence (green card), including commencement of the time required for naturalization;
</RAJIV'S COMMENTS>

Hello Rajiv,

1) What happens if the passport stamp expires at the end of 5th year and INS has still not completed I485 processing. Is it understood that we can automatically get another passport stamp?

2) In followup to question 1 above. If the stamp expires and the end of 5th year would the person holding the stamp still be eligible to file for citizenship. I see a gap of one day before a person can file for citizenship :)

3) Question 1 and 2 as the apply in case of people who are interested in retaining their original citizenship.

4) Is there a need to include some wording regarding how long INS may take to provide stamps on our passports. Otherwise, INS may take forever to implement the settlement and we have nothing "measureable" to make INS stand by the settlement.

I am sure you have already pondered over these. It would be great if you could shed some light on this for our understanding and education.

Once again, lots of thanks for bringing about and persuing this lawsuite.
 
Thanks Rajiv for everything. Your effort is greatly appreciated.

I have a question for you on item #4, which is clearly the most important item for most of us.

Do you think USCIS has the authority to provide us this kind of stamping (GC)? Does Congress need to grant USCIS any addtional authority to do this? If USCIS is willing to consider this item, I think we can even go get a stamp every year. It's still much, much better than filing EAD and AP every year.

I thought this lawsuit covers only I485 applications. Can we mention I140 applications at all? I am not trying to be selfish. My I140 has been pending at TSC for about 10 months already. But I was just wondering if it's ok for us to mention I140 applications in the settlement.

One final thing, do we need to add something like "Once One's I-140 has been approved" and the I-485 has been pending for 180 days......?
 
Thank you very much Rajiv for everything you are doing for immigration community. Your effort is greatly appreciated.

Should USCIS be not accountable for their working. For every case they have a maximum time limit set within which they have to act. eg. For I-140 (say upto 9 months), I-485 - within 15 months etc. and it should not be open ended. There are many I-140 cases including mine for which there is not even an RFE for 11 months now. Also once you make inquiry/follow up with customer service, you should get a meaning ful reply. Most of the times the written reply you get is that case is under processing. You can check status on web site and Thanks for your patience.

Once again, lots of thanks for bringing about and persuing this lawsuite. Good luck to ALL.
 
This looks great. I have one question, what is the current portability after GC approved. It is not clear to me (or anyone maybe) how long one has to stay on the job once the PR is granted, so no question will be asked when applying for citizenship.

So we need clarify in case we are granted "conditional" PR, what would be the portability restriction. Or is it a portability issue (AC21) or not. How long we have to stay on the job? what we should ask for?
 
Item 7

Rajiv,
Thank you so much for spending so much time and resource in helping us out !
Like most of us, I would be totally thrilled and would feel free again if USCIS would accept item 4, with the citizenship clock start. No problem if USCIS needs money to get that part started, I would be ready to give up to $5,000 to help them.

I am wondering however why we are asking for item 7: if there is no condition on employment after 180 days as per item 4, why would we need AC21 for ? Sorry I probably missed something there.

Thanks again, and let us know how we can help.
 
Great work Mr. Khanna! You have the good wishes of many.

I would like to add the following to your proposals:

1. Fix a process of premium processing for 485s.
2. Also for #4, clarify the rights of the person who has the proposed temporary green card on the passport -- is the person free to move about with respect to jobs, enrolling in a full-time degree program at a uiversity without getting a student visa, start a business, etc...
3. Remove the need for constant renewals of EAD, FP and AP -- this is a viscious cycle that only creates dead work for the departments involved.
4. Set up an action plan for 485 cases pending more than a 540 days (or any other length of time).
 
Originally posted by operations
We want USCIS to:
1. Start premium processing of I-140’s;

2. All I-140’s pending over 180 days should be adjudicated immediately without premium processing fees;

3. Continue concurrent filing of I-140 and I-485;

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;

5. USCIS should provide public reports on agency workloads and priorities;

6. The phone system should be improved so meaningful information can be received;

7. We must be provided a method of getting binding, written opinions on AC21 and other regulatory issues on which no regulations are issued by USCIS within six months after enactment of a statute; and

8. We should be assured a community contact point for addressing recurring grievances.
Click to expand...


I think this summary is great (only a thorough professional like Mr. Khanna can do this) Great job Mr. Khanna. Thank you and wish USCIS would agree to it.
 
I would like to add the following to your proposals:

1. Fix a process of premium processing for 485s.

++++++++++++That may be too much. Not enough resources. But if we get a green card even though 485 is pending, we are good.

2. Also for #4, clarify the rights of the person who has the proposed temporary green card on the passport -- is the person free to move about with respect to jobs, enrolling in a full-time degree program at a uiversity without getting a student visa, start a business, etc...

+++++++++++Already covered.
"This “conditional” approval would carry with it all rights and privileges of Lawful Permanent Residence (green card)"

3. Remove the need for constant renewals of EAD, FP and AP -- this is a viscious cycle that only creates dead work for the departments involved.
++++++++++++++You have a GC. Will not need AP or EAD.

4. Set up an action plan for 485 cases pending more than a 540 days (or any other length of time).

+++++++++++++++++++++You have GC. What do you care?:)
 
Re: Item 7

Originally posted by lbonneau
Rajiv,
Thank you so much for spending so much time and resource in helping us out !
Like most of us, I would be totally thrilled and would feel free again if USCIS would accept item 4, with the citizenship clock start. No problem if USCIS needs money to get that part started, I would be ready to give up to $5,000 to help them.

I am wondering however why we are asking for item 7: if there is no condition on employment after 180 days as per item 4, why would we need AC21 for ? Sorry I probably missed something there.

Thanks again, and let us know how we can help.
Click to expand...


We have all suffered from CIS' lack of regulations. Floundering with uncertain laws. I say, enough! Tell us what the law is, we will follow it.
 
Re: Looks Good

Originally posted by Dream On
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)!!
Click to expand...

I will add the L-1A clause. As to bargaining, these are bottomline demands. Below this, we are better off fighting. But I will not agree to anything without checking with all of you.
 
Re: Re: Re: Re: Can We settle on These Bases?

Originally posted by PhillyJulyLC
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...
Click to expand...

You can help by getting more people to be aware and involved in suggestions.
 
Re: Re: Looks Good

Originally posted by PhillyJulyLC
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.
Click to expand...

I think all these are very important. Otherwise, we will back in court on one of these points.
 
Originally posted by bishma
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.
Click to expand...

Once they agree, it is their problem how to meet the targets. Why should we worry.
 
Re: FPs...

Originally posted by tmc
we may also need to add that they should send out FPs in order (atleast for TSC). there is absolutely no order in this. i haven't gotten my FP after 15 months of filing whereas people for 2003 have got FP from TSC. it is really sick. i mean they can't even do some scheduling properly.
Click to expand...

We will have the GC. Rest is their problem. No?
 
Re: Question

Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card, there being no further evidence of employment required, evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds . This “conditional” approval would carry with it all rights and privileges of Lawful Permanent Residence (green card), including commencement of the time required for naturalization;
</RAJIV'S COMMENTS>

Hello Rajiv,

1) What happens if the passport stamp expires at the end of 5th year and INS has still not completed I485 processing. Is it understood that we can automatically get another passport stamp?

+++++++++++++++++++We apply for naturalization.

2) In followup to question 1 above. If the stamp expires and the end of 5th year would the person holding the stamp still be eligible to file for citizenship. I see a gap of one day before a person can file for citizenship :)

++++++++++++++++++You can file after 4 years and 9 months - 90 days before the 5th anniversary of approval. no gap.

3) Question 1 and 2 as the apply in case of people who are interested in retaining their original citizenship.

++++++++++++++++++++We will fill in the details later. Good point. Right now, I just want the basic agreement evaluated by them.

4) Is there a need to include some wording regarding how long INS may take to provide stamps on our passports. Otherwise, INS may take forever to implement the settlement and we have nothing "measureable" to make INS stand by the settlement.

++++++++++++++++++We will.

I am sure you have already pondered over these. It would be great if you could shed some light on this for our understanding and education.

Once again, lots of thanks for bringing about and persuing this lawsuite. [/B][/QUOTE]
 
Originally posted by swingall
Thanks Rajiv for everything. Your effort is greatly appreciated.

I have a question for you on item #4, which is clearly the most important item for most of us.

Do you think USCIS has the authority to provide us this kind of stamping (GC)? Does Congress need to grant USCIS any addtional authority to do this? If USCIS is willing to consider this item, I think we can even go get a stamp every year. It's still much, much better than filing EAD and AP every year.

I thought this lawsuit covers only I485 applications. Can we mention I140 applications at all? I am not trying to be selfish. My I140 has been pending at TSC for about 10 months already. But I was just wondering if it's ok for us to mention I140 applications in the settlement.

One final thing, do we need to add something like "Once One's I-140 has been approved" and the I-485 has been pending for 180 days......?
Click to expand...

Regarding authority, I do not know for sure. But I think we can find a way. The iportant thing is for them to know what we need and for them to consider if they are willing to work towards it.
 
Originally posted by hidden_dragon
This looks great. I have one question, what is the current portability after GC approved. It is not clear to me (or anyone maybe) how long one has to stay on the job once the PR is granted, so no question will be asked when applying for citizenship.

So we need clarify in case we are granted "conditional" PR, what would be the portability restriction. Or is it a portability issue (AC21) or not. How long we have to stay on the job? what we should ask for?
Click to expand...


We are covered because we have all rights of a green card holder.
 
When is a settlement expected

Dear Mr. Khanna,

When is a settlement likely to be expected? Any guidance on timeline with your best estimate will be deeply appreciated.

Thanks and regards,
smisra
 
Re: When is a settlement expected

Originally posted by smisra
Dear Mr. Khanna,

When is a settlement likely to be expected? Any guidance on timeline with your best estimate will be deeply appreciated.

Thanks and regards,
smisra
Click to expand...

Not a clue. I am sorry. But as soon as I can form a reasonable estimate, I will let you folks know.
 
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