Can We settle on These Bases?

[March2203AOS]

Re: re: Rajiv

Originally posted by I140helppls
"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

"

I think any one can sign the petition who support mis- management of INS - even if you are a citizen of USA. Remember this is a civil suit. Am I right Mr. Khanna?

Thanks.

 

[lchalasani]

GC Stamp / Interim Card

To Rajiv,

Thanks for all your efforts in trying to get something out of USCIS on behalf of the whole immigration community.

Like many people suggested instead of a stamp in the passport I think we should ask for an interim GC card. With a stamp and not actually a card it would just be so difficult to explain to people (for e.g. airline agents, dmv officials etc. who are ignorant when it comes to immigration issues) that you are actually a Legal Permanent Resident. I am not sure how this will fly with CIS, but I guess it doesn't hurt to try.

thanks once again.

 

[UnFort_User]

Dear Rajivji,

Thank you for your wonderful effort. May God Bless for your success.

My Opinion:

Please ignore this opinion if it is rediculous.

USCIS may accept 7 suggetions except #4 and give wide publicity that we are ready to accept all suggestions except only one. So, instead of giving 8 suggetions, please give the following two suggestions only. I think the following two are taking care of everything.

1.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

2.Start premium processing of I-140’s.

So, we are putting pressure on USCIS to accept all (two) suggestions without fail.

 

[PhillyJulyLC]

Re: Helpful mail from one of us

Originally posted by operations
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?

Good find! Thanks for the heads up. So I guess what we are asking is not so out of the question. With the current serious backlog, an interim GC after 6 months is a reasonable and acceptable solution. Maybe we should send out a letter like this with our proposals and collect signatures from senetors. Would that help?

 

[aap]

IF CIS agrees to Interim/Conditional GC, we can changes jobs or sit at home or do a non-similar job... No restrictions...
And AC21 won't be applicable anymore....

Am I getting this right ???

 

[Rajiv S. Khanna]

Originally posted by UnFort_User
Dear Rajivji,

Thank you for your wonderful effort. May God Bless for your success.

My Opinion:

Please ignore this opinion if it is rediculous.

USCIS may accept 7 suggetions except #4 and give wide publicity that we are ready to accept all suggestions except only one. So, instead of giving 8 suggetions, please give the following two suggestions only. I think the following two are taking care of everything.

1.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

2.Start premium processing of I-140’s.

So, we are putting pressure on USCIS to accept all (two) suggestions without fail.

Do not worry. We will watch them. I feel fairly comfortable that the govt. will not negotiate in bad faith.

 

[Rajiv S. Khanna]

Originally posted by aap
IF CIS agrees to Interim/Conditional GC, we can changes jobs or sit at home or do a non-similar job... No restrictions...
And AC21 won't be applicable anymore....

Am I getting this right ???

I am certainly asking for that for us.

 

[getit]

Rajiv,

I agree with UnFort_User. CIS can say "we have accepted almost ALL your requests except point 4". But actually point 4 is the most important to most of us, also it is our key point for this lawsuit.

 

[sajith99]

Hi

The #4 item of issuing GC for 5 yrs after 180 days for I 485 should be the #1 item while considering the settlement.

The Democrat party' s election manifesto is stating, issue Green card for all the ILLEGALS who has been in USA. Thanks to the powerful lobbying of the Mexican and other latin american govts for their people who stay illegally in USA. So think about the position of well qualified techies who wait for years and years through legal means. A Democrat president may assume office and we can see all the illegals get Green card while legal professionals still waiting for GC for years.

Our Govt of India DO NOTHING to lobby the US govt. for their techies.

So #4 item should be the #1 item considering the seriousness of the issue making illegals easy to get permanant residence than well qualified tax paying professionals.


Best of Luck for the settlement plans

Sajith

 

[I140helppls]

re:

Thats what I am trying to ask. The petition can be signed by only 485 applicants. But i understand that people who have just filed the I140 would also benefit. is that correct

Re: re: Rajiv

quote:
--------------------------------------------------------------------------------
Originally posted by I140helppls
"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
--------------------------------------------------------------------------------

"

I think any one can sign the petition who support mis- management of INS - even if you are a citizen of USA. Remember this is a civil suit. Am I right Mr. Khanna?

Thanks.

 

[feb6361]

Re: Helpful mail from one of us

Dear Mr. Rajiv,

I my son's EAD they have approved his case after 95 days and issued new EAD..so it's clear that they they have ..I have proof of it that INS is exceeding 90 days federal regulatory deadline to issue EAD within 90 days..

We have applied our 3rd EAD renewal (for self and wife) on 12/04/2003 (thinking that our I-485 peding over 2 years will get approve first so no need to spent $240) and our current EADs are expriring on 02/21/2004.

We went to USCIS Atlanta local office to get an interim EAD. I met three officer (I have name of all the three officer) to explain my situation that I will be out of work and may loose my job. One officer told me that forget it if you are a EB category. The officer who was handing EAD cards was even ready to issue the card and he went to take the signature of his supervisor on my original filed application and his supervisor has refused to sign on that paper and told me to come back after 90 days to get interim EAD after March 04, 2004. They don't care about EB category and I felt that they did lot of discrimination to me..

Now, we will be out of work for 2 weeks since our EAD renewals are pending..

Is this not a abusive policy of USCIS at local office ??

Originally posted by operations
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 ?llow 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?

 

[cinta]

Re: I am saying the same thing

Originally posted by operations
...just stating it differently. Perhaps CIS would find that doable.

Rajiv and all other fellows,

I think I am good at provoking the issues..I am not sure about the legal language however. What I was trying to say is that basically AC-21 is flawed. For example it will allow you to change jobs after 180 days (provided I-140 is approved)to a "similar" job, but it does not allow you to change jobs once you are approved (contrary to popular belief, as in LC regulations), as the notion of "dual intent" and the offer of "permanent" job from the company still are in effect. So for example, one has been waiting for say five to six years with the same employer to get his/her GC and once the deal is done he/she is still bounded by LC to stay with the same employer to prove "dual intent". But if you changed jobs say a couple of days before the approval, then you are covered!!! And then, what is a similar job?? There has to be a limit to this madness, somehow, and in that case one could work any job or no job; this is after all the meaning of freedom, something that basically is missing from EB immigration. Do we also remember that US CIS has the authority (now or later) to revoke the GC and/or the Citizenship on all these related grounds??
Hope the AC-21 picture is clearer now. Now who can fix this AC-21? The US CIS alone, the Congress or both?

 

[Orsa2]

SPAM: Please give some info

I was quite follwoing the thread
Only the general idea

Please give me the link where I can get an answer on the follwoing question:

Is USCIS willing to settle? Has it accepted the case at something deserving to actually be discussed in court?

Thank's a lot.

 

[Stuckintexas]

Great Job Rajiv

Thanks a bunch for all your efforts.

The points you made make perfect sense with a little bit of tweaking as per the comments in this thread.

In the interest of basic fairness and equality for all the immigrants who apply either through 485 at various service centers or through CP at Consulates abroad, some strong recommendation needs to be made from us that will consider a proper start date for the continuous duration of stay in the US for Citizenship.

Some suggestions can be ....

1. Priority date of the LC application.

2. Receipt date or Notice Date of 485 and I am not sure what that is on CP side.

3. Or consider 5 years of continuous legal stay in the US, no matter when you get your GC. But can only apply for Citizenship after GC. The logic is "Are we not living legally and paying uncle Sam now before GC" Why should the stay after GC only be considered as if there is some kind of purification of soul after the GC that will befit Citizenship "

Also if possible ask for the reduction in the requirement of 5 years after GC as I heard that is the case (3 Years) in some EU countries. Well the argument from them may be that we are unlike others and possibly better etc...

Anyway the above ideas are for pondering. Please see if they make sense.

Again, thanks for the goodwork. I am hoping I will someday get an opportunity to engage your firm for my immigration requirements.

 

[cinta]

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.

It is basically due to the nature of the EB immigration, the AC-21, the LC.....It does not matter whether it is a GC or interim GC. The clauses of "permanent job" and "dual intent" as stated in LC and the AC-21 portability issues before and after GC are flawed. Theoretically, we are "modern day slaves" subjected to US CIS and company's interpretations.

 

[CloseToGod]

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;

How would those I-140's be handled that were filed less than six months ago, but before premium processing kicks in? Will those people have to premium (just asking, I don't think anybody will have problem paying)?

Thanks.

 

[MaybeSoon]

Thanks!!

Thank You Mr. Khanna!!

Firstly, and this is my own opinion. The purpose is to either change the immigration law, or speed up the process for obtaining the GC. The objective is simply to have the USCIS issue a GC in a reasonable time frame.

A few years back the GC process took under 1 year, including LC, I-140's and I-485 with no concurrent processing. I think that this should still be the ultimate objective.

I think that doing the main background checks can be done earlier in the process, with a quick final check at adjudication. If a EAD and AP was valid for two years, this should be sufficient untill approval. I also think that the EAD could be used as interim GC, which at this time, would make the use of H1-B obsolete, and will enable people to use AC21 after filing I-485. The RD for I-485 should also be the start of the 5 years for Citizenship.

My second issue is the whole issue about the "future job" and AC21. After my wife gets a EAD, she can work when she wants, where she wants, and this will not cause any problems with Citizenship. However, I am stuck to a future job, which means in theory, that accepting a promotion, e.g. to Project Manager from Snr Programmer could cause me problems. If I change employers before adjudication under AC21, I am OK. If I change a week after adjudication, I could see potential problems. In my specific case this will be very relevant, since my contract is ending in March, but my I-485 could be adjudicated tomorrow, or after I have to change employers. Something about this very wrong. I would like to see that I can use the same privilege as my wife after GC process, or at least have more freedom in what I do, and where I work.

I can see that FP and checks can take two weeks, but why do I have to wait 9 months to date after fingerprinting...

As far as premium processing is concerned. If they approve I-140's in reasonable time, it would not be necessary to have premium processing.

 

[bloody_labor]

Employer cannot cancel I-140 after 180 days...

I am following this thread since a while and I would also like to put my thoughts.

First of all, Thanks very much to Rajeev for his efforts.

I would certainly like to bring one point that...
- 180 days after filing I-140, the employer cannot cancel it. Otherwise, point#4 will not solve our problems even if we get conditional GC. You will get conditional GC, but if employer cancels I-140, you will get a denial at the end.

I am not sure if this point is covered. But, I am totally frustrated with my employer and I don't want to give any further chance to them, so that they can trouble us in future.

I am agree on all the 8 points mentioned (should be prioritize High/Medium/Low) and those should take in effact immediately once they agreed.

Once again, thanks very much to Rajeev who stands for us.

 

[For_labor]

Mr. Khanna,

This proposal for settlement seems good to me. Particularly points 2, 3 & 4 are most important. These 3 points will help USCIS too, by implementing those 3 points USCIS will get rid of the backlogs and years of workloads. Also It will save time, money and manpower to USCIS. Using the point 4, USICS will be able to concentrate and put more power and resources in secuirty issues with more accuracy instead of sitting on years of workload which can increase the chance of errors in secuirty issues.
Wishing good luck to all of us.

Thanks.

 

[hidden_dragon]

Re: Thanks!!

Originally posted by MaybeSoon
Thank You Mr. Khanna!!

Firstly, and this is my own opinion. The purpose is to either change the immigration law, or speed up the process for obtaining the GC. The objective is simply to have the USCIS issue a GC in a reasonable time frame.



A few years back the GC process took under 1 year, including LC, I-140's and I-485 with no concurrent processing. I think that this should still be the ultimate objective.

I agree with this

I think that doing the main background checks can be done earlier in the process, with a quick final check at adjudication. If a EAD and AP was valid for two years, this should be sufficient untill approval. I also think that the EAD could be used as interim GC, which at this time, would make the use of H1-B obsolete, and will enable people to use AC21 after filing I-485. The RD for I-485 should also be the start of the 5 years for Citizenship.

I disagree. the "main" check is the problem. What good does it do to have quick final check at the end? Also EAD is EAD, GC is GC, and we are asking for GC. The other way may be better: interim GC can be used as EAD.

My second issue is the whole issue about the "future job" and AC21. After my wife gets a EAD, she can work when she wants, where she wants, and this will not cause any problems with Citizenship. However, I am stuck to a future job, which means in theory, that accepting a promotion, e.g. to Project Manager from Snr Programmer could cause me problems. If I change employers before adjudication under AC21, I am OK. If I change a week after adjudication, I could see potential problems. In my specific case this will be very relevant, since my contract is ending in March, but my I-485 could be adjudicated tomorrow, or after I have to change employers. Something about this very wrong. I would like to see that I can use the same privilege as my wife after GC process, or at least have more freedom in what I do, and where I work.

I am in the same boat here. It is very disconcerting that you can change job before 485 adjud. but not immediately after (how long can do we have to stay now?)