Can We settle on These Bases?

[Rajiv S. Khanna]

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.

...just stating it differently. Perhaps CIS would find that doable.

 

[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.

 

[Rajiv S. Khanna]

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.

Only 485 applicants. This one is for class members only.

 

[Rajiv S. Khanna]

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 ??

Call me. I might be able to help.

 

[Rajiv S. Khanna]

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.

Just a discussion I have had with the govt. lawyer.

 

[Rajiv S. Khanna]

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.

The 180-day idea is a good point. I have included it. Thanks.

 

[Rajiv S. Khanna]

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.

That will start a whole new bureaucracy.

 

[Rajiv S. Khanna]

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

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

 

[Rajiv S. Khanna]

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.

For now, they have just asked me for our proposal in writing.

 

[Rajiv S. Khanna]

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.

"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;"

 

[Rajiv S. Khanna]

Originally posted by 140_takes_4ever
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.

Noted.

 

[Rajiv S. Khanna]

Originally posted by ECGC
I am concerned that the "conditional" approval of GC followed by the "actual" approval, may just prolong the process of getting "permanent" permanent residence (green card). I would like Mr.Khanna to address the following:
1.After 5 yrs of conditional approval of GC, if there are no security concerns, would it then become "permanent" GC automatically?
2.May we clearly define "security"? I would prefer the word "national security" or else this term may be mis-interpreted and may be applied for DUI, domestic violence etc., I am not saying that any of the members here are going to do these things (including me ) but i think we should have a clear definition of security.
3.What about applying for citizenship? After 5 yrs of this conditional GC, do we have to wait for another 5 yrs with the "unconditional" (for lack of better words) GC?

Thanks for considering these points.

I will add "national" The rest has already been explained i this thread.

 

[Rajiv S. Khanna]

Re: Suggestion....

Originally posted by GC_KNR
Dear Rajiv-

Thank you first of all for an outstanding job!! This service that u are doing will not be easily forgotten..... u are the antithesis to the "hanging on quiet desperation is the Indian way.." attitude.

Here are some inputs frm my side, and I hope this doesnt come out as selfish or anything.....

I think the main thrust of the settlement shud be the I-485 processing because that is the REAL bottleneck. Once u fix the bottlenect, other issues will start to clear.
So, we shud be concentrating on point 4, which is the temporary stamping of the green card. I think we shud even be flexible to say that 180 days after the I-485 is filed, u are "portable", and then 180+90days=270 days after the filing, u can get ur passport stamped.
I am only saying this becoz they might be hesitant to stamp GC for a lot of folks without a "realistic" timeframe (in their mind at least) having been covered by the applicant.
Then we may want to seek clear guidelines on AC21 and other issues......

I hope this input at least sparks some other ideas in others reading this.....

Thanks,
GC_KNR

If they can give what we are asking, the bottlenecks are no longer a problem. They can address them in their own sweet time. I think, this is the best possible compromise. If we can get this, I would want all of us to get together in Arlington, VA for a big party. Your treat.

 

[Rajiv S. Khanna]

Re: Re: Original quest

Originally posted by shsa
I think we are overestimating the power of USCIS!!!

Can USCIS settle on 8 points without congress ? No
Can court direct them to accept those point -- May be after a year of proceedings and ruling in our favour..
Will they implement it -- as soon as the judment is over? No
How long will it take them to finally give interimn GC? May be after 3 to 6 months.

we'ill finally at the door step of October 2006 --- six month processing time.

Now tell me what do you want interim GC or the permanent GC

Correct!

On top of that, there are appeals. They can take years.

 

[Rajiv S. Khanna]

Originally posted by lbonneau
The question for the transit visa in Switzerland is a good one, but I'd rather have the temporary stamp and ask for a visa if I ever need it, than keep waiting for the GC forever. Anyhow, if you get approved tomorrow and get the existing stamp, you have the same problem, so I think we shouldn't change our #4 proposal based on this.

As for the question of the current obligation to stay with the same employer for 6 months after the GC approval, we need to address it. IMHO, the idea of the law was to prevent abuses from people getting their GC without real intent to stay with that employer. In our case, since we have already suffered many years stuck with the same employers, it doesn't make much sense anymore (maybe it will make sense again if they ever get to process an I-485 in 6 months). Not sure it would be legal to ask for the removal of that condition though. If USCIS insists on that, we could say 6 months to have interim stamp + 6 months after = 1 year with the same employer since filing I-485. For most of us, this is already in the past !

Hence the demand "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 "

 

[Rajiv S. Khanna]

Originally posted by eb2_I485_RD0901
Hi Rajiv,

Thank you for all your effort !!

I had only one doubt :--
If the INS accepts "some" / "all" of the demands and then down the road some concerned "citizens" file a law suit claiming that INS crossed it powers (hence everything is NULL and VOID ).

So will these sugestions be blessed by the court ? What will be the formal scope of the agreement?

Regards.

That is always a possibility. I will insist that the setllement be reviewed and blessed by court.

 

[Rajiv S. Khanna]

Originally posted by shsa
Rajeev,

When Edison(who is now approved), kashmir and other suggested the idea of lawsuit for the backlog in 485 processing -- their/our concept was the lawsuit for the backlog and not for interim GC and other points you have mentioned.

The idea was, as USCIS is moving the resources to other tasks we need a lawsuit to get their attention and push them hard to put the resources back in the 485 pool. Till now even the AC21 is not finalised by the USCIS after 2 years, what do you think how long will they take to finalize the interim GC (if accepted) may be 2 or 3 years, by that time we won't even need it because they are promising 6 month by the end of October 2006. What we need is an immediate relief for all of us......


My suggestion is one point for the USCIS.

1. Adjucate the cases of all the 485 (Employment based) pending for more then one year --- in the next 2 months, because in this economy it is difficult for us to maintain the same or similar job and it will also reduce the backlog for the new filers


(Even if they accepted the 8 points -- it will take them more than 2 years(as per our observation with AC21 regulation) to implement them -- by that time we won't even need it)

Thank you Rajeev for letting us speak on your 8 suggestions......

Read the whole thread. I think this is our best option.

 

[Rajiv S. Khanna]

Originally posted by 140_takes_4ever
Personally speaking, I am more inclined towards this too, but I think Rajiv has been asked by the government lawyers to give written proposals to mitigate the current conditions. And hence the "tGC" idea being pushed into the spot light.

Offcourse implementation of these interim solutions are not the final solution, which would be Permanant Green cards.

Rajiv,

If/When you have a face to face with the government lawyers or speak with them, would you think it wise to mention that our proposals could be implemented as an interim measure until INS implements the Congress mandate of processing times to be reduced to 6 months? Do you think mentioning that would make a difference to acceptance of this bitter pill that you are forcing down their throats!

Realistically speaking I am sure that INS will try to negotiate most of the points you have put forth, and there will be some give and take, but your solution might be more palatable if you ask them to implement this in the short term, since if Congress passes any more laws on this, our lawsuit will be moot!

Naah. Let us not do that. We present our settlement position. It is reasonable. If they give us a counterproposal that is reasonable, we will listen. Otherwise, we go on with the lawsuit. Why waste time.

 

[Rajiv S. Khanna]

Originally posted by vikram_p
Rajiv:

Your proposal are great!. now when do you plan to send out this proposal???

Thanks
Vikram

Next wednesday or Thursday (Feb 25-26).