Can We settle on These Bases?

Re: Re: Re: Re: can we settle on ..

Originally posted by PhillyJulyLC
I would call the proposed GC after 180 days of I-485 filing an "interim GC" rather than a conditional GC. It'd work like an interim EAD does (of course not valid for 1 but 5 years). The security check can hardly be catergorized as a condition, as in any case even you are natralized, if found a national threat (say, a terrorist), you'd lose what you have. So this interim GC works exact like a plastic card nowadays. Correct me if I am wrong...
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OK.
 
Re: point 4 with some suggested detail

Originally posted by functionalalert
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;


my suggestion:

Once the I-485 has been pending for 180 days and if the 1-140 has not been denied or issued an RFE and 180 days have passed since the receipt date of the I-140,all applicants should be entitled to receive an immiadete conditional approval of the green card,evidenced by a stamp on the passport valid for 5 years,subject to revocation on security grounds. This stamp must be issued no later than 30 calendar days after the I-485 has passed 180 days and the 181st day that the I-485 has been pending shall be for all practical purposesshall be counted as the day the person was admitted as a lawful permanent resident unless such approval is revoked on the grounds of national security

comments regarding my suggestion for point 4

1. the employee should not be burdened after 180 days for uscis to iniitate a premiumn processing of i-140 whioch again they can keep issuing rfe and delaying further by not responding to our response to rfe

2. a maximun time frame for issuance of the stamp on passport needs to be established


point 9: (suggested by me)

9. If the I-140 has not been denied and there is no RFE issued and 180 days have passed since the receipt date AND the i-485 is 180 days old,the applicant is not subject to limitations of the AC21 rule. This does not however, undermine the applicant;s right in point 4 above to receive the temporary green card within 30 days



COmments regarding point 9

this is needed till they establish firm procedures assuming that they will agree to issue a conditional approvazl. in the interim,the applicant should not be made to suffer


point 10 : suggested by me

10. The USCIS agrees to implement these recommendations for relief within a 30 day window begining on ___ (date agreed)
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I do not believe they can agree to approvals without adjudication (RFE). Illegal.
 
Dear Rajiv,

Does USCIS have the power to agree to all points we suggest, or they have to pass some of them to congress?

Thanks
 
Re: questions?

Good point. I see many people here agree 485 is the current bottle neck and priority (hence #4). After this is the 485 backlog petition. I can see the other points that will benefit future/new applications. Maybe they shoud be given lower priority. In other words, what do we want USCIS to work on first? From point #1 to 8? if they can not sovle all the problem at the same time. We should suggest a timeline for cinta's "total approach". I personally think 485 is the top prority.

Originally posted by sg_rg2
Mr. Khanna,

First of all thank you for this initiative. They ignored our past petitions through this community or individual efforts by affected people. But once you filed the lawsuit, they have to take notice and prepare a response (or defense).

Personally, I like all your points. It is certainly a comprehensive settlement. However, I am bit surprised that in the
proposed settlement you have 3 out of 8 conditions referring to I140-related problems. Wasn't this case about the pending backlog in adjudicating I485 applications?

I am worried that if they promise to accept Condition #1 (Premium Processing of I140), they will put more resources there. You might say "that is their problem". But we all know how finite these resources can be. It is a proven fact now that Premium Processing of H1B applications have contributed to current I140 and I485 backlogs. So I don't see how premium processing of I140 will be helpful in getting us the GC faster. IMHO it will create more backlog in the I485 adjudication process.

I believe that efficient processing of I485 is key to reducing the overall backlog. You can think about it as a highway with three road-blocks and no exit between them. If the cars that are at the front of this jam (third road-block/I485) cannot move there is no way one can help the cars in the middle of the jam (second road-block/I140). They might clear the second hurdle but will still get stuck behind others in the third one. In this system I cannot even fathom the misery suffered by the cars at the first road block i.e., Labor Certification cases. To clear the mess you have to give higher priority in removing the third and final road-block first i.e., the I485 cases.

sg_rg2 (RD 08/01, ND 09/01, FP 01/03, Waiting for approval)
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If these can be mentioned as a reasons aprart from day-to-day suffering for touch negotiations with USCIS that would be great.

Harrasement at DMV offices/Airports with the name of Homeland Security Guidelines needs to be stopped or come to end and one and only way this happens USCIS train them properly. People should not be penalized for USCIS not being able to train their offcers. I heard that an applicant has been detained at the airport saying there is no country which offeres 20 Years passport and his passport is fake one.

Whose fault is it ?

The country who offered 20 years passport ?

Person who preferred 20 years passport ?

Dumb officer who do not know ABC's of immigration ?
 
Re: for rajiv

Originally posted by I140helppls
the first point in the settlement is regarding I140s be approved ...
so should people like me who have not file 485 but have a 140 pending sign the petition.
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No. The reason that is the first point is that most people all are filing concurrently. The class action requires a pending 485 on the date you sign the petition.
 
Re: Re: Can We settle on These Bases?

We are adding "immediate action" items. Wait for the final draft. At the rate we are going, I should have it to you by Monday.


Originally posted by feb6361
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..
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Conditional GC and Follow to Join

What about the people who are single and planning to bring the spouse on H4 during the 485 process? What happens to that by this conditional green card? Also, do we have to wait for the follow to join process till actual green card or is this conditional gc sufficient? Could we cover this point?
 
Rajiv

If they agree for #4 , how about asking for publishing a guide line(MEMO) to the Fed and state agencies and also to Corporations on their website(USCIS) with clear language(should understand to the people working in there),so we can print and carry along with us as and when required





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Originally posted by whats_in_name
Thanks Mr. Khanna and other members for the hard work.

I want to suggest one additional point for the demand list,

INS/USCIS should instruct all Federal and State govt agencies (for example MVC/DMV) to recognize this type of conditional GC, so that bare minimum things like drivers license can be obtained with maximum allowed validity.

WIN
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Mr.Rajiv,

Thanks for the help you are offering to the immigrant community.

To add to the list of 8 points you had given can we also add
"No job restriction for I-485 waiters waiting for more than 180 days". In this tough economy that is really needed.

Thanks again
 
Thanks Khanna for helping us,

If CIS agree for 2) then why do we need 1) as we have to stay with that employer for at least 180 days. For me it seems getting I-140 in 1/2 months by premium processing has no extra benefit, once 180 days has reached the item 2) and 4) will benefit us.
 
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Helpful mail from one of us

Dear Rajiv,

Please see the 2nd paragraph on 2nd page of this letter signed by several senators. There is a precedent here that INS allowed simultaneous I-140, I-485, EAD and AP filing after being told and realizing the administrative backlog issue. So the chances are very bright that the settlement proposal #4 (automatic issue of conditional GC after 180 days) would be accepted.

Letter is attached.

As you would notice in the same paragraph another suggestion is to “allow the receipt for I-485 adjustment filing to serve as both work and travel authorization”. So the proposal #4 of out lawsuit is something that is backed by these senators as well. It just happened that at that time INS accepted concurrent filing but not the conditional GC.

Another point, which may not be relevant for the lawsuit, is INS exceeding 90 days federal regulatory deadline. I am not sure if we can show this as their violation of existing law.

For some reason I cannot post on the settlement suggestion thread but I am monitoring is regularly. Would it be possible to post this information for others to read as well?
 
Re: Conditional GC and Follow to Join

Originally posted by mereguru
What about the people who are single and planning to bring the spouse on H4 during the 485 process? What happens to that by this conditional green card? Also, do we have to wait for the follow to join process till actual green card or is this conditional gc sufficient? Could we cover this point?
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Good point. I will cover it.
 
Re: Re: Re: Can We settle on These Bases?

Dear Mr. Rajiv & core team,

Thank you so much!

Originally posted by operations
We are adding "immediate action" items. Wait for the final draft. At the rate we are going, I should have it to you by Monday.
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Originally posted by ramss
Mr.Rajiv,

Thanks for the help you are offering to the immigrant community.

To add to the list of 8 points you had given can we also add
"No job restriction for I-485 waiters waiting for more than 180 days". In this tough economy that is really needed.

Thanks again
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This is a good point; after 180 of the i-485 pending, we should be FREE to change jobs as we like (and this should be at anytime after that, GC or interim GC)with no AC-21 limitations and future employment prospects. We can go home and stay home until we decide we need another job, if we do with no effect on the GC or even later with citizenship. All these should be captured in one item, say #4 with directly naming AC-21.
Wrt Citizenship and possibly the Congressional prerequisite, the lawsuit gives us the chance and the forum to present the demands with visibility, which it would be difficult under any other circumstance. It also shows that we really care about the country and patriotic values..
 
Originally posted by cinta
This is a good point; after 180 of the i-485 pending, we should be FREE to change jobs as we like (and this should be at anytime after that, GC or interim GC)with no AC-21 limitations and future employment prospects. We can go home and stay home until we decide we need another job, if we do with no effect on the GC or even later with citizenship. All these should be captured in one item, say #4 with directly naming AC-21.
Wrt Citizenship and possibly the Congressional prerequisite, the lawsuit gives us the chance and the forum to present the demands with visibility, which it would be difficult under any other circumstance. It also shows that we really care about the country and patriotic values..
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Put like this, that could be a violation of AC21, which permits porting to "similar jobs."
 
re: Rajiv

cintal, rajiv all.
i see that 'total approach ' is the goal .which is nice .this is going to benefit all (including people like me who have just filed their i140). but what i want to know is should i sign the petition .earlier the approach was focussed on only 485 but now i see everyone is being addresses.
pls let me know whether people who have just filed 140 should sign the petitiion
 
Originally posted by operations
Put like this, that could be a violation of AC21, which permits porting to "similar jobs."
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Am I missing something here?? If we are asking for an interim/conditional GC after 180 days of filing I-485, why should we still be bound by the AC21 rule? If we are asking them the GC be given on a conditional basis, which can be revoked ONLY on security reasons, where does AC21 come into picture again? I think BCIS should look at this only if the applicant changes the job within 180 days not after that. After 180 days it should not matter what job the applicant changed to, similar or otherwise.

Please correct me if I am wrong.

cmr
 
Am I missing something here? Are we asking for (#4) interim GC after 180 days of I485? Once we have that why can't we change jobs, sit at home? Unless this interim GC is not counted as real GC.


Originally posted by operations
Put like this, that could be a violation of AC21, which permits porting to "similar jobs."
Click to expand...
 
I am saying the same thing

Originally posted by hidden_dragon
Am I missing something here? Are we asking for (#4) interim GC after 180 days of I485? Once we have that why can't we change jobs, sit at home? Unless this interim GC is not counted as real GC.
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...just stating it differently. Perhaps CIS would find that doable.
 
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