Can We settle on These Bases?

Minutes of the conference call

Minutes of the conference call


Date : 2/25/2004
Time : 7.30 AM to 8.30 AM EST

Participants:
1) Rajiv Khanna, Counsel for the plaintiffs in the law suit
2) dsatish, Moderator, Member*
3) Edison , Member
4) Feb6361, Member
5) Rk4gc, member
6) Jharkhandi, member
7) 140_takes_4ever
8) rajum
9) hidden_dragon
10) lca_001

and other members

Note: Member means Member of immigrationportal.com community.
I apologize if I miss any names of the members that have participated.

Agenda:
1) Conditional GC (or) unconditional GC
2) Immediate adjudication after 6 months (or) 1 yr?
3) Should we make a separate proposal for BCIS not issuing any employment or salary related RFE after 6 months of filing I485?
4) What is our proposal for I140 processing timelines?
5) Whether to have a short list of proposals (just 3 or 4) or long list (7 or 8)

Discussions:

i) Discussion started with wishing each other and with exchange of pleasantries
ii) Items were discussed in the order of the items on the agenda

Item no.1 Conditional GC or unconditional GC

i) Members expressed their apprehensions about the new form of terminology. One member felt that this might have create another source of bottleneck.
ii) Rajiv Khanna, clarified that this “Conditional” GC is not like other conditional GC(Marriage based). His argument was that even under the current regulations, CIS could revoke the duly approved green card within 5 years. However, understanding the apprehensions of the members, Rajiv Khanna agreed to look into the language and also said he already changed the word “Conditional” to “interim”. However, he indicated that the “condition on pending security check” would remain in the language.
iii) One member raised the point that CIS do the security check even while issuing interim EAD. Rajiv Khanna explained that that security check does not cover all the 4-point security check. Rajiv however said that he does not know the complete details of 4-point security check but if members want it he can find some information on it.
iv) Decision: Rajiv Khanna will look into the language and try to make a reasonable and balanced approach while presenting to the INS.

Item 2-Not Discussed.

Item no 3. Should we make a separate proposal for BCIS not issuing any employment or salary related RFE after 6 months of filing I485?

i) One member explained the rationale behind this proposal that had the CIS adjudicated ones case within 180 days, then CIS would not have asked that person about his employment status after 180 days.
ii) Rajiv Khanna though understood the logic beyond the proposal opined that CIS cannot go against the statutes of the congress and the law is permanent job. However, he said that he will look into but however he is of opinion that this should not be our proposal among the proposals i.e. interim GC is taking care of this situation.
iii) At this time, a good amount of discussion took place between that member and Rajiv Khanna whether to include this item in the proposal. Discussion revolved around how to negotiate. Most of the members felt that proposal 1 takes care of this one and so in our set of proposals, this need not go but however we should keep this in our agenda.
iv) Member and Rajiv however respectfully differed.
v) Decision: This proposal will not be in our set of proposals but this proposal will remain active and not closed.

Item no 4. What is our proposal for I140 processing timelines?

i) Rajiv Khanna and some members thought this proposal is a good idea as that helps concurrent filers to get their interim GC within six months
ii) Some members expressed that the premium processing has to opt by the employers, employees has no control on it. Employees are totally dependent on the sponsoring companies corporate policies.
iii) Some members expressed the opinion that, seeing the experience of H1 where the regular processing time has increased drastically and so this idea may not be a good idea.
iv) Rajiv Khanna said that he would look into the language and modify it so that even if the regular petition after 180 days, will become premium processed.
v) Decision: This proposal will stay on our set of proposal but the language will be modified to take care of regular cases which has been pending for more than 180 days.

Item no 5. I-485 premium processing and local transfers.
i) Though this item is not present in our original agenda as mentioned above agenda some members raised it.
ii) Consensus among the members is that this is not necessary at this stage as we are proposing premium processing of I-140 and interim GC.
iii) One member raised the issue that if the file has transferred to local CIS then what is the date of count for 180 days for interim GC proposal. Rajiv clarified that it is always the filing date to the service center and not much discussion happened after that on local transfer.
iv) Decision: I-485 premium processing is not part of the proposals.

Item no.6 whether to have a short list of proposals (just 3 or 4) or long list (7 or 8)
i) Some members believed that having a list with some insignificant and with some redundant demands may dilute the core issues. They are of the opinion that we can reduce the proposals by combine some of the proposals and make a short list of 3 or 4 rather than 7 or 8.
ii) Rajiv Khanna thought otherwise that if we write in different paragraphs, we can put our message more effectively
iii) Some members supported Rajiv’s view point
iv) Decision: We are going with the 7- to 8- set rather than the concise version of 3-4


Miscelleneous :

i) One member suggested that we should contact Fund raisers of Indian origin in the present election and convince them to put our point across the political spectrum
ii) Some members suggested that we should go the congressman with our set of proposals to which Rajiv Khanna agreed
iii) One member proposed to meet his Senator’s secretary this Thursday and also proposed to meet Senator sometime. He invited other members and Rajiv Khanna to join him in meeting the Senator. Rajiv Khanna said that he can meet the Senator if he plans to meet the Senator in Washington DC
iv) This member also proposed to introduce some community members to the NJ team when he visits NJ next time which is some time next time. For this proposal, NJ members agreed immediately.


Discussion ended with appreciating the time of all participants and on an extremely good note.



Please ignore spell or grammar mistakes if you find any, sorry for the inconvenience. Its been prepared in a hurry :)
 
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Fund rising

One member suggested that we should contact Fund raisers of Indian origin in the present election and convince them to put our point across the political spectrum

how do you plan to contact ppl of indian origin once you have decided to raise money (like Indian Political action commitee)

why can't we have our own fund riser ??
we can raise substantial amount of money then may be we can do something about it

just a thought

hmd
 
Rajiv, I am a new member although I keep going through these forums all the time.

I had a suggestion, if USCIS agrees for an interim GC, we should also ask for a timeframe within which they would send out the letters because if they take another year to send out letters confirming Interim GC to all those with pending I-485 over 6months then it does no good to anyone.

Thanks!
 
Re: Fund rising

Originally posted by hmd
how do you plan to contact ppl of indian origin once you have decided to raise money (like Indian Political action commitee)

why can't we have our own fund riser ??
we can raise substantial amount of money then may be we can do something about it

just a thought

hmd


hmd,

How is something on which you can also suggest your ideas, esp considering your own location.

Now why:

See the effort is not just to get GC cleared(although that is first in priority list), but to get a community strong enough to raise voice. For that you need two things:

1. Money
2. Unity

Unity here has to be between people who are citizens and non-citizens. Community has potential to become a force, once united. Then fighting against injustice will be easier. Every time someone from the community will not have to start from scratch.

Remember - every vote counts and every cent matters. Along with that if the fund raising involves common people and if they agree to get even a small amount, they have agreed to the cause.

We are ofcourse going to put our money too, but community as a whole has to be integrated. I hope you get the point.

rk4gc - hope you had nice sleep after meeting. :)
 
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movegc,

As per Mr. Rajiv proposal, interim GC will be on a walk-in basis to the local office after I-485 pending over 180 days, same way, right now, USCIS is issuing interim EAD after 90 days at local office. We don't need letter from USCIS.

Thank you.

Originally posted by movegc
Rajiv, I am a new member although I keep going through these forums all the time.

I had a suggestion, if USCIS agrees for an interim GC, we should also ask for a timeframe within which they would send out the letters because if they take another year to send out letters confirming Interim GC to all those with pending I-485 over 6months then it does no good to anyone.

Thanks!
 
Re: Minutes of the conference call

rk4gc/rajum,

Thank you so much for posting the minutes...Great job!

Originally posted by rk4gc
Minutes of the conference call


Date : 2/25/2004
Time : 7.30 AM to 8.30 AM EST

Participants:
1) Rajiv Khanna, Counsel for the plaintiffs in the law suit
2) dsatish, Moderator, Member*
3) Edison , Member
4) Feb6361, Member
5) Rk4gc, member
6) Jharkhandi, member
7) 140_takes_4ever
8) rajum
9) hidden_dragon
10) lca_001

and other members

Note: Member means Member of immigrationportal.com community.
I apologize if I miss any names of the members that have participated.

Agenda:
1) Conditional GC (or) unconditional GC
2) Immediate adjudication after 6 months (or) 1 yr?
3) Should we make a separate proposal for BCIS not issuing any employment or salary related RFE after 6 months of filing I485?
4) What is our proposal for I140 processing timelines?
5) Whether to have a short list of proposals (just 3 or 4) or long list (7 or 8)

Discussions:

i) Discussion started with wishing each other and with exchange of pleasantries
ii) Items were discussed in the order of the items on the agenda

Item no.1 Conditional GC or unconditional GC

i) Members expressed their apprehensions about the new form of terminology. One member felt that this might have create another source of bottleneck.
ii) Rajiv Khanna, clarified that this “Conditional” GC is not like other conditional GC(Marriage based). His argument was that even under the current regulations, CIS could revoke the duly approved green card within 5 years. However, understanding the apprehensions of the members, Rajiv Khanna agreed to look into the language and also said he already changed the word “Conditional” to “interim”. However, he indicated that the “condition on pending security check” would remain in the language.
iii) One member raised the point that CIS do the security check even while issuing interim EAD. Rajiv Khanna explained that that security check does not cover all the 4-point security check. Rajiv however said that he does not know the complete details of 4-point security check but if members want it he can find some information on it.
iv) Decision: Rajiv Khanna will look into the language and try to make a reasonable and balanced approach while presenting to the INS.

Item 2-Not Discussed.

Item no 3. Should we make a separate proposal for BCIS not issuing any employment or salary related RFE after 6 months of filing I485?

i) One member explained the rationale behind this proposal that had the CIS adjudicated ones case within 180 days, then CIS would not have asked that person about his employment status after 180 days.
ii) Rajiv Khanna though understood the logic beyond the proposal opined that CIS cannot go against the statutes of the congress and the law is permanent job. However, he said that he will look into but however he is of opinion that this should not be our proposal among the proposals i.e. interim GC is taking care of this situation.
iii) At this time, a good amount of discussion took place between that member and Rajiv Khanna whether to include this item in the proposal. Discussion revolved around how to negotiate. Most of the members felt that proposal 1 takes care of this one and so in our set of proposals, this need not go but however we should keep this in our agenda.
iv) Member and Rajiv however respectfully differed.
v) Decision: This proposal will not be in our set of proposals but this proposal will remain active and not closed.

Item no 4. What is our proposal for I140 processing timelines?

i) Rajiv Khanna and some members thought this proposal is a good idea as that helps concurrent filers to get their interim GC within six months
ii) Some members expressed that the premium processing has to opt by the employers, employees has no control on it. Employees are totally dependent on the sponsoring companies corporate policies.
iii) Some members expressed the opinion that, seeing the experience of H1 where the regular processing time has increased drastically and so this idea may not be a good idea.
iv) Rajiv Khanna said that he would look into the language and modify it so that even if the regular petition after 180 days, will become premium processed.
v) Decision: This proposal will stay on our set of proposal but the language will be modified to take care of regular cases which has been pending for more than 180 days.

Item no 5. I-485 premium processing and local transfers.
i) Though this item is not present in our original agenda as mentioned above agenda some members raised it.
ii) Consensus among the members is that this is not necessary at this stage as we are proposing premium processing of I-140 and interim GC.
iii) One member raised the issue that if the file has transferred to local CIS then what is the date of count for 180 days for interim GC proposal. Rajiv clarified that it is always the filing date to the service center and not much discussion happened after that on local transfer.
iv) Decision: I-485 premium processing is not part of the proposals.

Item no.6 whether to have a short list of proposals (just 3 or 4) or long list (7 or 8)
i) Some members believed that having a list with some insignificant and with some redundant demands may dilute the core issues. They are of the opinion that we can reduce the proposals by combine some of the proposals and make a short list of 3 or 4 rather than 7 or 8.
ii) Rajiv Khanna thought otherwise that if we write in different paragraphs, we can put our message more effectively
iii) Some members supported Rajiv’s view point
iv) Decision: We are going with the 7- to 8- set rather than the concise version of 3-4


Miscelleneous :

i) One member suggested that we should contact Fund raisers of Indian origin in the present election and convince them to put our point across the political spectrum
ii) Some members suggested that we should go the congressman with our set of proposals to which Rajiv Khanna agreed
iii) One member proposed to meet his Senator’s secretary this Thursday and also proposed to meet Senator sometime. He invited other members and Rajiv Khanna to join him in meeting the Senator. Rajiv Khanna said that he can meet the Senator if he plans to meet the Senator in Washington DC
iv) This member also proposed to introduce some community members to the NJ team when he visits NJ next time which is some time next time. For this proposal, NJ members agreed immediately.


Discussion ended with appreciating the time of all participants and on an extremely good note.



Please ignore spell or grammar mistakes if you find any, sorry for the inconvenience. Its been prepared in a hurry :)
 
Class Certification Signatures

Originally posted by operations
Here is some of the relevant parts of their e-mail:


"Sun, 22 Feb 2004 16:30:43 -0500 (EST)
Rajiv, I wanted to get back with you regarding your class cert. stipulation proposal. We had two meetings over here to discuss your proposal. However, after review of your proposal it does not look like DOJ can agree to it.....Finally, when can we expect your list of proposed settlement topics? Best regards"


At this point, I intend to present our settlement request this week. If they do not agree, we will go full steam ahead with the litigation. I intend to hire one more law clerk to devote full attention to our case. Upon refusal of our proposal, we will expose the shamfeul results of these delays. We have cases of people suffering horribly because of CIS.

Take care all. Do not lose heart. We won the day we filed the lawsuit. Rest all is just effort.


Rajeev,

As DOJ has rejected the proposal for the class certification, does it mean all the signaturers on "STATEMENT BY CLASS MEMBERS IN SUPPORT OF CLASS COUNSEL " are now not a party to the lawsuit and only those who are mentioned in the complaint are the ones.

Is there any other way we can classify this case as "Class" and if not, does it mean all the signatures have no value for the complaint except motivation and are we going to destroy them for privacy sake.

Please Comment.
 
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Re: conference call minutes

Originally posted by rk4gc
The attached doc has conference call minutes.

Thanks to rajum for preparing the doc.



Please ignore spell or grammar mistakes if you find any, sorry for the inconvenience. Its been prepared in a hurry :)


Great work, sorry I was unable to attend -- got the invitation very late, But I 100% agree with each and every point you have discussed.

Good Luck to all of us for this great effort, we will win!!! because we are right !!! and we believe in the American justice system !!!.

United We Stand.
 
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Thanks for a good meeting!!

Guys-
Thanks for an outstanding start to this meeting....this is good team work. My best wishes and regards to Rajiv and all that took the initiative. I hope we come out successful in this effort.

Rgds.....
 
If Indians are the only once who are supporting this law suite, then I don't see how this law suite can take the form of "class action." And you aren't excatly helping in getting people from other countries support this law suite with your "we indians" propoganda.

As far as I can see, the goal here seems to be to get green card, not to create an indian lobby.

Originally posted by hrithikroshan11
Excellent. Are we going with all or none approach? Thank you Rajiv, dsatish and others for your lead in this matter.

We Indians need a stronger lobby than what we currently have. All citizens of Indian origin, GC holders and the rest should unite and support this cause.

They have made a mockery of legal and hard working immigrants by keeping the applications pending for years while handing out GCs to illegal immigrants.

Lets hope they agree to 6 month processing times for both 140 and 485.
 
Re: Re: Fund rising

Originally posted by Jharkhandi

See the effort is not just to get GC cleared(although that is first in priority list), but to get a community strong enough to raise voice.

Unity here has to be between people who are citizens and non-citizens. Community has potential to become a force, once united. Then fighting against injustice will be easier. Every time someone from the community will not have to start from scratch.

We are ofcourse going to put our money too, but community as a whole has to be integrated. I hope you get the point.

I agree, its the voice of the strong immigrant community that brings the reforms in the immigration process.

rk4gc - hope you had nice sleep after meeting. :)

Yeah, I did :) . I guess its the same with other CA guys lca_001 and 140_takes_4ever.
 
Originally posted by ca-to-wa
If Indians are the only once who are supporting this law suite, then I don't see how this law suite can take the form of "class action." And you aren't excatly helping in getting people from other countries support this law suite with your "we indians" propoganda.

As far as I can see, the goal here seems to be to get green card, not to create an indian lobby.

Every person has his own mind. Noboody represents the group.
you don't need to read too much into each and every post. Just ignore some of the postings here rather than starting a discussion on such topics.
 
Originally posted by ca-to-wa
If Indians are the only once who are supporting this law suite, then I don't see how this law suite can take the form of "class action." And you aren't excatly helping in getting people from other countries support this law suite with your "we indians" propoganda.

As far as I can see, the goal here seems to be to get green card, not to create an indian lobby.

I agree with you ca-to-wa. It is definitely not an Indian lobby we were building here. It so happened that one person in the conference call mentioned about meeting fund raisers of Indian origin...we should approach every group( including ethnic groups), every individual and every corporation which supports legal immigration issues. Our goal should be creating a lobby for legal immigrants who does not have any say in the current political dispensation.

-rajum
 
Originally posted by ca-to-wa
If Indians are the only once who are supporting this law suite, then I don't see how this law suite can take the form of "class action." And you aren't excatly helping in getting people from other countries support this law suite with your "we indians" propoganda.

As far as I can see, the goal here seems to be to get green card, not to create an indian lobby.
Although, I don't believe the original poster intended to make any implications regarding the lawsuit, I agree that there is no need to single out any particular country here. Although Indians may be the majority in this particular forum (just a guess), there are many other countries here, and we are ALL in this TOGETHER! (even us Canadians - eh) :)
 
Originally posted by John_cdn
Although, I don't believe the original poster intended to make any implications regarding the lawsuit, I agree that there is no need to single out any particular country here. Although Indians may be the majority in this particular forum (just a guess), there are many other countries here, and we are ALL in this TOGETHER! (even us Canadians - eh) :)

John_cdn,

Way to go. I about to say the same thing. We are immigrant community and lets fight together for immigrant reforms.
 
Re: Re: Re: Fund rising

Originally posted by rk4gc


Yeah, I did :) . I guess its the same with other CA guys lca_001 and 140_takes_4ever.

Thanks to immigration.com, for once my car was the first in the parking lot toady :D :D

001
 
Originally posted by ca-to-wa
If Indians are the only once who are supporting this law suite, then I don't see how this law suite can take the form of "class action." And you aren't excatly helping in getting people from other countries support this law suite with your "we indians" propoganda.

As far as I can see, the goal here seems to be to get green card, not to create an indian lobby.

I agree...please come up with some global term rather than "we indians"
 
OK

Originally posted by movegc
Rajiv, I am a new member although I keep going through these forums all the time.

I had a suggestion, if USCIS agrees for an interim GC, we should also ask for a timeframe within which they would send out the letters because if they take another year to send out letters confirming Interim GC to all those with pending I-485 over 6months then it does no good to anyone.

Thanks!

Sure.
 
Re: Class Certification Signatures

Originally posted by shsa
Rajeev,

As DOJ has rejected the proposal for the class certification, does it mean all the signaturers on "STATEMENT BY CLASS MEMBERS IN SUPPORT OF CLASS COUNSEL " are now not a party to the lawsuit and only those who are mentioned in the complaint are the ones.

Is there any other way we can classify this case as "Class" and if not, does it mean all the signatures have no value for the complaint except motivation and are we going to destroy them for privacy sake.

Please Comment.


The class action decision is the court's, not DOJ's. Their consent makes it a little easier, but we have astrong case for class certification.
 
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