Can We settle on These Bases?

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

Dear brother, read the thread, please. You have to have 140 approved to have the interim GC, once you have interim GC, how could your employer "cancel" your 140? Even now, once you are in 485 for a while, the cancellation of 140 cannot be used for 485 denial.

Originally posted by bloody_labor
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 and those should take in effact immediately once they agreed.

Once again, thanks very much to Rajeev who stands for us.
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Re: Re: I am saying the same thing

I was asking essentially the same question. I have seen lawyer says six months or a year of stay after approval is necessary for future citizenship app. I strongly agree this is ridiculous consider you can change job before 485 adj. Once got the GC, we should have complete liberty. I think this is what Rajiv have in mind too(according to his answer to some posts). But I donnot know if this is beyond USCIS.


Originally posted by cinta
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?
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Again Mr. Rajiv Khanna,


Its indeed a fantastic proposal. I am with the community in supporting this.

Sincere Thankyous for selfless and noble work..


Appreciative as always

hello_am
 
Citizenship Clock.

Hi Rajiv,

Thanks for you time and help.

I think, if the citizenship clock (to be started after 180 days after filing I-485), is included, we are good to go.

Otherwise, we may need to have PREMIUM PROCESSING for "Citizenship" process !!!!!!!!!!!!!!!!!
 
Re: Re: Re: I am saying the same thing

Originally posted by hidden_dragon
I was asking essentially the same question. I have seen lawyer says six months or a year of stay after approval is necessary for future citizenship app. I strongly agree this is ridiculous consider you can change job before 485 adj. Once got the GC, we should have complete liberty. I think this is what Rajiv have in mind too(according to his answer to some posts). But I donnot know if this is beyond USCIS.
Click to expand...
But I don't think this issue has to do with the litigation, which is about the processing delay of I-485. It is always best to include everything we're concerned about, but how to make it fit in the plan is a problem.
 
Re: re:

Originally posted by I140helppls
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.
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Only 485 applicants. This one is for class members only.
 
Re: Re: Helpful mail from one of us

Originally posted by feb6361
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 ??
Click to expand...


Call me. I might be able to help.
 
Rajiv,

Refering to point 4.

A stamp on the passport without the card, might not be the best solution. I think the INS should issue some sort of temporary card as well. The main reason for this being, a number of countries don't allow you to travel without a valid 'GREEN CARD' in hand, stamps don't work. Which means that after getting the stamp we could be worse off than before, since we can't use an AP to travel anymore, and the stamp might not cut it while travelling. So a temporary card might just do the trick.

What is your opinion?

Regards and Thanks for taking the fight to their courtyard.
 
Re: SPAM: Please give some info

Originally posted by Orsa2
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.
Click to expand...

Just a discussion I have had with the govt. lawyer.
 
Re: Employer cannot cancel I-140 after 180 days...

Originally posted by bloody_labor
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.
Click to expand...


The 180-day idea is a good point. I have included it. Thanks.
 
Re: Re: Re: Helpful mail from one of us

Dear Mr. Rajiv,

I left you a voice message to call me back since you are not there.

Thanks a lot for everything!

QUOTE]Originally posted by operations
Call me. I might be able to help. [/QUOTE]
 
I would recommend no

Originally posted by 140_takes_4ever
Rajiv,

Refering to point 4.

A stamp on the passport without the card, might not be the best solution. I think the INS should issue some sort of temporary card as well. The main reason for this being, a number of countries don't allow you to travel without a valid 'GREEN CARD' in hand, stamps don't work. Which means that after getting the stamp we could be worse off than before, since we can't use an AP to travel anymore, and the stamp might not cut it while travelling. So a temporary card might just do the trick.

What is your opinion?

Regards and Thanks for taking the fight to their courtyard.
Click to expand...


That will start a whole new bureaucracy.
 
Rajiv,

I know some one mentioned this before, but just wanted to reitierate since it might be an important point for you to bring forth in your discussion with the govt. Lawyer, and that is "Security checks".

Security checks need to be more broadly defined as to what they consist, which departments do they go through, how long should each department take, etc. It is okay for the security check to take time, just that there should be some explanation on where the check is stuck.

It might be difficult to incorporate considering the conservativeness of the current government, but hey you never get anything unless you ask for it.
 
Rajiv,

Thanks a lot for all that you are doing for us.

Is USCIS ready to discuss on our proposal? Have they agreed to sit with you to disscuss our concerns? If so, when will be the meeting and how long do you think it would take for USCIS to come up with their offer.

could you please let us know on this.

I couldn't find this info. on this discussion.
 
Last edited by a moderator:
Re: I would recommend no

Originally posted by operations
That will start a whole new bureaucracy.
Click to expand...

True, but unfortunately the solution might not be worth much unless it tackles all questions.

Getting the stamp on your passport is a terrific idea, but if you can't travel or use it effectively, what good is it? It is either the temporary card or get the stamp and continue to maintain the AP cycle, which might be the best of both worlds and still not spawn a new bureaucracy.
 
Rajiv,
I am not sure if anybody mentioned about this, but will the "conditional approval of GC and stamping" affect bringing dependents from INdia? are we looking at proposing something similar to H4 during the conditional period and still provide a chance to add the dependants into the ongoing I-485?

Thanks
 
Originally posted by ganesanc
Rajiv,
I am not sure if anybody mentioned about this, but will the "conditional approval of GC and stamping" affect bringing dependents from INdia? are we looking at proposing something similar to H4 during the conditional period and still provide a chance to add the dependants into the ongoing I-485?

Thanks
Click to expand...

Yes. I have added this language:

This “interim” approval should be given on a walk-in basis in an orderly manner and would carry with it all rights and privileges of Lawful Permanent Residence (green card), including commencement of the time required for naturalization. Except the for “following to join” purposes, the date of approval will be deemed to be the date the final approval (after security checks) is granted
 
my $0.2

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;
>>>While I like this, I also see this as a yet another cog wheel added in the entire process. Thus requiring more resources and $$. Making this a more difficult task for USCIS to settle on. Perhaps the EAD and/or AP could be rolled into this conditonal GC thereby reducing the workload on USCIS. I feel if our suggestions help USCIS improve their system (read shorten time/cheapen processing) it would be better in the long run.<<<

5. USCIS should provide public reports on agency workloads and priorities;
>>> This would be a good thing right now people run allkinds of scripts against the USCIS servers trying to extract information. This indicates a severe need for constructive information.<<<

6. The phone system should be improved so meaningful information can be received;
>>> Also the web based query system, perhaps it could be unified under a user id/ A#<<<

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
>>>Absolutely<<<

8. We should be assured a community contact point for addressing recurring grievances.
>>>Absolutely. It shouldnt require a lawsuit to get USCIS talking on issues such as this, but sadly it is. An open forum/channel would let USCIS proactively change their systems.<<<
 
Originally posted by aks999
Rajiv,

Thanks a lot for all that you are doing for us.

Is USCIS ready to discuss on our proposal? Have they agreed to sit with you to disscuss our concerns? If so, when will be the meeting and how long do you think it would take for USCIS to come up with their offer.

could you please let us know on this.

I couldn't find this info. on this discussion.
Click to expand...

For now, they have just asked me for our proposal in writing.
 
Re: Re: I would recommend no

Originally posted by 140_takes_4ever
True, but unfortunately the solution might not be worth much unless it tackles all questions.

Getting the stamp on your passport is a terrific idea, but if you can't travel or use it effectively, what good is it? It is either the temporary card or get the stamp and continue to maintain the AP cycle, which might be the best of both worlds and still not spawn a new bureaucracy.
Click to expand...


"4. With immediate effect , 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 “interim” approval should be given on a walk-in basis in an orderly manner and would carry with it all rights and privileges of Lawful Permanent Residence (green card), including commencement of the time required for naturalization. Except the for “following to join” purposes, the date of approval will be deemed to be the date the final approval (after security checks) is granted. Service must make sure that the stamp is accepted internationally as evidence for travel purposes, or provide a card or other evidence that would be so accepted;"
 
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