Can We settle on These Bases?
- Thread starter Rajiv S. Khanna
- Start date
Dear Mr. Rajiv & core team,
Every thing looks good...but I think this will take some time to resolved all the issues say more than 6 months (I wish not) and it won't help to those who are suffering over 6 years like me. I think, we have to add something as an immediate action items until our all the issues gets resolved such as:
(1) Either we have to ask USCIS to remove 90 rule to issue interim EAD (in case of renwal or when EAD expires or any other emmergancy situations) or we need to get stay order from the court to remove 90 day rule to issue interim EAD at the local service center. I think USCIS has 30 day rule for assylee to issue interim EAD. Why different rule for EB 1-485? I think, we should propose 30 day rule as an interim basis.
(2) Any other important issues..
also for the point # 4, we should ask USCIS that they shold not use random order as they are using random order to approv I-485 cases.
Thank you so much again..
Every thing looks good...but I think this will take some time to resolved all the issues say more than 6 months (I wish not) and it won't help to those who are suffering over 6 years like me. I think, we have to add something as an immediate action items until our all the issues gets resolved such as:
(1) Either we have to ask USCIS to remove 90 rule to issue interim EAD (in case of renwal or when EAD expires or any other emmergancy situations) or we need to get stay order from the court to remove 90 day rule to issue interim EAD at the local service center. I think USCIS has 30 day rule for assylee to issue interim EAD. Why different rule for EB 1-485? I think, we should propose 30 day rule as an interim basis.
(2) Any other important issues..
also for the point # 4, we should ask USCIS that they shold not use random order as they are using random order to approv I-485 cases.
Thank you so much again..
First, Thanks Rajiv for your effort
Regarding - 6. The phone system should be improved so meaningful information can be received;
Effort should be made to make the application process more transparent by making the actual status available on-line (phone and web). Using secured access and identification methods (pin, multiple information like SSN, B'day, Priority / Receipt Dt) the system should identify the caller and provide details like when certain steps of the application process were completed and when is the next step due. Internally this kind of system can automate activities by creating ticklers / calendars.
100% of funds from the current and proposed Premium Processing should be used for this purpose.
Fundamentally, the process needs to be automated to make it transparent and minimize human factors / errors like missing file, out of line processing etc.
Regarding - 6. The phone system should be improved so meaningful information can be received;
Effort should be made to make the application process more transparent by making the actual status available on-line (phone and web). Using secured access and identification methods (pin, multiple information like SSN, B'day, Priority / Receipt Dt) the system should identify the caller and provide details like when certain steps of the application process were completed and when is the next step due. Internally this kind of system can automate activities by creating ticklers / calendars.
100% of funds from the current and proposed Premium Processing should be used for this purpose.
Fundamentally, the process needs to be automated to make it transparent and minimize human factors / errors like missing file, out of line processing etc.
PhillyJulyLC
Registered Users (C)
Re: Re: FPs...
You are absolutely right on that! To me #4 basically covers everything - once you file I-485, provided you have all the right documentation and legitimate ground, you get your GC in 180 days. I-140, EAD, AP, AC21 are all irrelevant or at least they wouldn't affect you as much. But honestly speaking, I do feel this is just too good to be true. This is nothing less than an overhaul of EB-based immigration. Can you imagine how employers around the country would react?
I guess these 8 points are more than we could have dreamed about 2 months back(i.e. before the lawsuit was filed).
So, lets not become too greedy and screw up by asking for too much.
These 8 points are more than sufficient, in the current scenario of a despairing 140/485 applicant.
Thanks
Even walls have ears
Just thought of something reading all the postings.
Anybody can read these postings including the lawyes on the other side.
If from our postings we make it appear that we are getting way more than we expected in the first place, they will come back with a much lower offer. So we should tone down our jubiliation a bit. This is just a proposal.
In any negotiation tactic, the first rule is to not let your oponent know your happiness. Anyway these are just proposals so we should control our emotions.
Just thought of something reading all the postings.
Anybody can read these postings including the lawyes on the other side.
If from our postings we make it appear that we are getting way more than we expected in the first place, they will come back with a much lower offer. So we should tone down our jubiliation a bit. This is just a proposal.
In any negotiation tactic, the first rule is to not let your oponent know your happiness. Anyway these are just proposals so we should control our emotions.
SUGGEST
Rajiv,
These are excellent points but let me make a few recommendations:
All these points address the issues on a near future and future basis. I do not see anything offered for the people who suffered and are suffering from 2000 due to the problem of administative backlogs.
We need to put something for the people who suffered (in some cases, it may not matter a lot to them, especially if they have their GC by now), and especially for the people who strive for their CITIZENSHIP. This right was grossly violated.
It is true that it will require some kind of Congressional intervention or Presidential Executive order in some other decisions (do you remember the one with the Chinese students some years ago?). The same applies to changes to AC-21, I think. So, it would be good and fair to include some kind of a proposal as a remedial offer on this one and the clock for it should be the date the non-immigrant declared his intention for immigrant status...i.e. the L.C. date if one existed or the I-140 date if not.
Second point, is the Security Checks. We should, I think, demand some kind of an explanation as to the number, duration, validity and reasoning and also constitutionality of all these, otherwise pretty soon they will require us to go for third and fourth FP with orange jumpsuits!
Point 4. could be amended with " and the date of Citizenship should be from LC - Priority date"
Rajiv,
These are excellent points but let me make a few recommendations:
All these points address the issues on a near future and future basis. I do not see anything offered for the people who suffered and are suffering from 2000 due to the problem of administative backlogs.
We need to put something for the people who suffered (in some cases, it may not matter a lot to them, especially if they have their GC by now), and especially for the people who strive for their CITIZENSHIP. This right was grossly violated.
It is true that it will require some kind of Congressional intervention or Presidential Executive order in some other decisions (do you remember the one with the Chinese students some years ago?). The same applies to changes to AC-21, I think. So, it would be good and fair to include some kind of a proposal as a remedial offer on this one and the clock for it should be the date the non-immigrant declared his intention for immigrant status...i.e. the L.C. date if one existed or the I-140 date if not.
Second point, is the Security Checks. We should, I think, demand some kind of an explanation as to the number, duration, validity and reasoning and also constitutionality of all these, otherwise pretty soon they will require us to go for third and fourth FP with orange jumpsuits!
Point 4. could be amended with " and the date of Citizenship should be from LC - Priority date"
Re: Re: Can We settle on These Bases?
Exactly, Its not easy to include each and every scenario/situation of an EB applicant. Obviously its very difficult to negotiate if you have too many items on the plate. Best approach is minimise the high risk of an EB applicant leaving the country permanently/not being able to acquire another job/ not being able to leave country and comeback with no issues/ not bein able to get right education, DL for family etc.
Pretty much those 8 points cover all the grounds... better not to complicate the negotiations., rather keep these discussions to verify different interpretations of the 8 points that affect immigrant life adversely. I hope not.
Exactly, Its not easy to include each and every scenario/situation of an EB applicant. Obviously its very difficult to negotiate if you have too many items on the plate. Best approach is minimise the high risk of an EB applicant leaving the country permanently/not being able to acquire another job/ not being able to leave country and comeback with no issues/ not bein able to get right education, DL for family etc.
Pretty much those 8 points cover all the grounds... better not to complicate the negotiations., rather keep these discussions to verify different interpretations of the 8 points that affect immigrant life adversely. I hope not.
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final stages of Labor
Dear Mr Khanna,
The list looks great. Thanks for the great effort. For people whose labor is in the final stages and might be going to the 140/485 stage soon. Our concern is in satisfying all the issues which have been mentioned, and the effect it would have on the current Priority dates. The last thing we want is USCIS retrogress the PD's for EB2 and EB3 and we wait for another 2-3 years to get to next stage.
Thank you.
Dear Mr Khanna,
The list looks great. Thanks for the great effort. For people whose labor is in the final stages and might be going to the 140/485 stage soon. Our concern is in satisfying all the issues which have been mentioned, and the effect it would have on the current Priority dates. The last thing we want is USCIS retrogress the PD's for EB2 and EB3 and we wait for another 2-3 years to get to next stage.
Thank you.
ClevelandGuru
Registered Users (C)
I couldn't ask for more.
Good Work... The most important thing is getting the conditional Green card after 180 days.
Siva
Good Work... The most important thing is getting the conditional Green card after 180 days.
Siva
Re: Points suggested
Hello Rajiv,
I think all the points you mentioned are valid and good. However my suggestion is to group them by priority for a better settlement.
Primary Objectives:-
Point # 4
Secondary Objectives :-
Rest of the points.
I personally feel Point # 4 is the most important issue, not to undermine other points.
- Thanks and appreciate all your efforts.
Hello Rajiv,
I think all the points you mentioned are valid and good. However my suggestion is to group them by priority for a better settlement.
Primary Objectives:-
Point # 4
Secondary Objectives :-
Rest of the points.
I personally feel Point # 4 is the most important issue, not to undermine other points.
- Thanks and appreciate all your efforts.
AC-21
The stamp and the GC are two different things: Let us say an employer requires a GC and the applicant shows the stamp..Thre may be problems..already I have seen a lot. It is like trying to persuade and change the society..I think we need to be careful wrt the duration/validity of the stamp and the future/upcoming issuance of a GC! The stamp proved to be useless in a lot of situations...like the EAD is today.
Wrt to AC-21, there is this 180 day rule to change jobs BEFORE the GC is issued but nothing after the GC is issued. The position is permanent as per LC..
The stamp and the GC are two different things: Let us say an employer requires a GC and the applicant shows the stamp..Thre may be problems..already I have seen a lot. It is like trying to persuade and change the society..I think we need to be careful wrt the duration/validity of the stamp and the future/upcoming issuance of a GC! The stamp proved to be useless in a lot of situations...like the EAD is today.
Wrt to AC-21, there is this 180 day rule to change jobs BEFORE the GC is issued but nothing after the GC is issued. The position is permanent as per LC..
great efforts.
Rajiv,
This is more than what I expected. If we can make BCIS agree on these 8 points, I think 99.99% problems would be eliminated.
Are you going to negotiate with them on these 8 points or do you think you can put your foot down and say its manditory to get all accepted?
Not sure what kind of leverage we have at this moment.
Thanks.
Rajiv,
This is more than what I expected. If we can make BCIS agree on these 8 points, I think 99.99% problems would be eliminated.
Are you going to negotiate with them on these 8 points or do you think you can put your foot down and say its manditory to get all accepted?
Not sure what kind of leverage we have at this moment.
Thanks.
Webspider007
New Member
Re: Re: Points suggested
Dear Rajiv,
I agree with this quote. Point # 4 can be given more priority than others. Other points are important too. But people who have filed their I-485 have gone through the other points as well. Based on this ground, point # 4 can be given more priority. It is just a thought.
Thank you so much for your hard work and dedication for the whole immigration community. Whatever is your final suggestion, I whole heartedly agree.
Dear Rajiv,
I agree with this quote. Point # 4 can be given more priority than others. Other points are important too. But people who have filed their I-485 have gone through the other points as well. Based on this ground, point # 4 can be given more priority. It is just a thought.
Thank you so much for your hard work and dedication for the whole immigration community. Whatever is your final suggestion, I whole heartedly agree.
GOOD DISCUSSION
Rajiv,
I think we are having a good discussion. It is apparent that most of the people who support all these eight points are new to the forum, which is O.K. and I think are just getting the bitter taste of the US CIS. It is also true that more opinions of people who got their GC are missing for obvious reasons...
Le us take a total approach to cover all applicants in a fair way. Past, Current and Future.
Rajiv,
I think we are having a good discussion. It is apparent that most of the people who support all these eight points are new to the forum, which is O.K. and I think are just getting the bitter taste of the US CIS. It is also true that more opinions of people who got their GC are missing for obvious reasons...
Le us take a total approach to cover all applicants in a fair way. Past, Current and Future.
Re: GOOD DISCUSSION
Thanks Cinta. I was wondering only this morning about lack of comments from you. Usually, you have some good points to add to our repertoire of comments.
Thanks Cinta. I was wondering only this morning about lack of comments from you. Usually, you have some good points to add to our repertoire of comments.
hidden_dragon
Registered Users (C)
Re: GOOD DISCUSSION
What do you mean by apparent...? People are not "new"disagree? But why, I would like to see some details. Obviously once you got GC, you have something else to worry.
About future, this proposal don't really address how to solve the root of the backlog (maybe they will solve it themselves by 2006 as they said to congress). If the temporal stamped is agreed by USCIS, I can imagine the backlog is moving to the plastic card. I can also imagine, with no improvement of USCIS, that can take 3, 4 or even five years. On one hand I am happy to get a "conditional" approval, but I am a little worried what would happy to the plastic/citizen.
What do you mean by apparent...? People are not "new"disagree? But why, I would like to see some details. Obviously once you got GC, you have something else to worry.
About future, this proposal don't really address how to solve the root of the backlog (maybe they will solve it themselves by 2006 as they said to congress). If the temporal stamped is agreed by USCIS, I can imagine the backlog is moving to the plastic card. I can also imagine, with no improvement of USCIS, that can take 3, 4 or even five years. On one hand I am happy to get a "conditional" approval, but I am a little worried what would happy to the plastic/citizen.
Time Frame for implementing the settlement
I agree with the settlement framework...the only thing that I would like to add is that there should be a time frame specified within the settlement as to when USCIS will implement these changes.
How about something adding with "immediate effect" to all the settlement points that Mr. Khanna has listed...and adding a that all pending employment based applications will be beneficiary of this settlement and that there is no cut off date or anything like that
I agree with the settlement framework...the only thing that I would like to add is that there should be a time frame specified within the settlement as to when USCIS will implement these changes.
How about something adding with "immediate effect" to all the settlement points that Mr. Khanna has listed...and adding a that all pending employment based applications will be beneficiary of this settlement and that there is no cut off date or anything like that
new
Yes,
We are certainly new to the forum but definetly not new to the Immigration process. I have been waiting for my labor to get cleared for the last 2 and a half years and hardly have 6 months left on H1. When things are finally working out, we do not want another road block in the form of PD's. Hope you understand the frustration. Thanks in advance for your effort in taking people like us into consideration.
Yes,
We are certainly new to the forum but definetly not new to the Immigration process. I have been waiting for my labor to get cleared for the last 2 and a half years and hardly have 6 months left on H1. When things are finally working out, we do not want another road block in the form of PD's. Hope you understand the frustration. Thanks in advance for your effort in taking people like us into consideration.