Employment based immigration backlog petition
- Thread starter Edison
- Start date
Rajeev, thank you very very much for your advise ,please count on me .I will be with you ,every one..
I think one guy PPP234ny ( Nov 01 filer ) received letter that they do not have manpower to process cases /lack of manpower . My question is how do they have a manpower to process cases got filed on Mar , Apr, May ,June 2002 and no manpower to process cases got filed earlier to that Oct ,Nov .DEc 2001 ,Jan Feb,2002. ? Is that a stupid replya Sandra Bushey is replying to us ,make a fun?
below are he letter containts from his thread :
The processing of your petition/application has been delayed. All petitions/applications received by this Service are required to have routine security checks that are resulting in delays of the adjudication of petitions/applications. As a result of the lack of manpower to complete the checks in a timely manner, we have no control over how long these checks will take. We can give no definite indication of when they will be completed. We apologize for the delay.
For future status inquiries of a petition or application at this Center you may want to utilize our ...... or visit our web site at....
Sincerely,
[signature]
Sandra T. Bushey
Acting Center Director
I think one guy PPP234ny ( Nov 01 filer ) received letter that they do not have manpower to process cases /lack of manpower . My question is how do they have a manpower to process cases got filed on Mar , Apr, May ,June 2002 and no manpower to process cases got filed earlier to that Oct ,Nov .DEc 2001 ,Jan Feb,2002. ? Is that a stupid replya Sandra Bushey is replying to us ,make a fun?
below are he letter containts from his thread :
The processing of your petition/application has been delayed. All petitions/applications received by this Service are required to have routine security checks that are resulting in delays of the adjudication of petitions/applications. As a result of the lack of manpower to complete the checks in a timely manner, we have no control over how long these checks will take. We can give no definite indication of when they will be completed. We apologize for the delay.
For future status inquiries of a petition or application at this Center you may want to utilize our ...... or visit our web site at....
Sincerely,
[signature]
Sandra T. Bushey
Acting Center Director
From the successful TPS law suit against Ashcroft.
1) We can argue the government purposely delayed greencard processing so they can benefit from EAD and H1 extension fee.
EAD extension costs over 200$. H-1B costs 1000$. AP extension costs ?
2) We can argue the government has not issed enuf employee based green card in the past year. Any one has stats?
3) We can argue by law it's 6 months processing time, now it's over 2 years. Which is way delayed
4) We can argue the government purposely delay the cases so that can wait us unemployeed in the end and ask us to leave the country.
50 TPS applicants sued the government and BCIS worked on their cases at highest priority. Here over 2000 ppl are waiting. A lawsuit is a must to wake up them.
And this lawsuit could be famous for centuries to go.
Win or lose, what more can we lose.....
In our lawsuit, let's demand them to disclose the average secuirty check time, workflow..... I don't think security check is the problem. It's just an excuse.
1) We can argue the government purposely delayed greencard processing so they can benefit from EAD and H1 extension fee.
EAD extension costs over 200$. H-1B costs 1000$. AP extension costs ?
2) We can argue the government has not issed enuf employee based green card in the past year. Any one has stats?
3) We can argue by law it's 6 months processing time, now it's over 2 years. Which is way delayed
4) We can argue the government purposely delay the cases so that can wait us unemployeed in the end and ask us to leave the country.
50 TPS applicants sued the government and BCIS worked on their cases at highest priority. Here over 2000 ppl are waiting. A lawsuit is a must to wake up them.
And this lawsuit could be famous for centuries to go.
Win or lose, what more can we lose.....
In our lawsuit, let's demand them to disclose the average secuirty check time, workflow..... I don't think security check is the problem. It's just an excuse.
waitn2long
Registered Users (C)
FOIA
Regarding stats about pending applications and rate of processing, can't we use FOIA for this?
If, as a lot of people believe, that BCIS keeps coming up with
excuses for the delay, but in reality has an ulterior motive,
can't we file an FOIA request to get at this motive? For
example:
Memos relating or pertaining to EB I-485 processing including
- instructions and directions to adjudicators ("zero tolerance" etc)
- instructions and directions to IIOs ("20 months...")
- internal concerns raised by adjudicators related to inefficiencies
in background checks, lack of coordination with the FBI, etc
I've never worked in a bureaucracy myself, but it strikes me
that there must be a wealth of memos there...
Regarding stats about pending applications and rate of processing, can't we use FOIA for this?
If, as a lot of people believe, that BCIS keeps coming up with
excuses for the delay, but in reality has an ulterior motive,
can't we file an FOIA request to get at this motive? For
example:
Memos relating or pertaining to EB I-485 processing including
- instructions and directions to adjudicators ("zero tolerance" etc)
- instructions and directions to IIOs ("20 months...")
- internal concerns raised by adjudicators related to inefficiencies
in background checks, lack of coordination with the FBI, etc
I've never worked in a bureaucracy myself, but it strikes me
that there must be a wealth of memos there...
Fund Collection
RAJIV,
We are always indulging in discussions which die after 2 days. The main reason for our failure to achieve anything is lack of a committed group and lack of any fund to hire a lawyer for legal advise. We all want to contribute towards establishing a fund which we can use to hire lawyers (like you) or pay for expenses incurred by active volunteers while visiting the law makers etc. We are unable to register a separate organisation due to logistics problem. Will you please collect checks from us and maintain the account ? If you agree, we all will start pumping out checks to your address. Every one is desperate here and they are all ready to contribute money to achieve our goal. If money is there, our discussions will quickly translate into actions.
I have asked this question many times to you through earlier postings. It seems that you did not see those postings. PLEASE reply to this post. It's going to be a critical step in our efforts.
I even tried to contact you through phone. I have left a voice message on Monica's extention. She did not get back to me.
RAJIV,
We are always indulging in discussions which die after 2 days. The main reason for our failure to achieve anything is lack of a committed group and lack of any fund to hire a lawyer for legal advise. We all want to contribute towards establishing a fund which we can use to hire lawyers (like you) or pay for expenses incurred by active volunteers while visiting the law makers etc. We are unable to register a separate organisation due to logistics problem. Will you please collect checks from us and maintain the account ? If you agree, we all will start pumping out checks to your address. Every one is desperate here and they are all ready to contribute money to achieve our goal. If money is there, our discussions will quickly translate into actions.
I have asked this question many times to you through earlier postings. It seems that you did not see those postings. PLEASE reply to this post. It's going to be a critical step in our efforts.
I even tried to contact you through phone. I have left a voice message on Monica's extention. She did not get back to me.
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Good idea Dsatish
Maybe we can ask Attny Khanna or if he is busy right now, another lawyer who can fight for us. The checks can then go to the concerned lawyer. Once we have a lawyer...things can get a direction. Right now all that we have are discussions/petitions with nothing concrete.
Any amount depending on how much one is earning/on bench etc would be welcome.
Maybe we can ask Attny Khanna or if he is busy right now, another lawyer who can fight for us. The checks can then go to the concerned lawyer. Once we have a lawyer...things can get a direction. Right now all that we have are discussions/petitions with nothing concrete.
Any amount depending on how much one is earning/on bench etc would be welcome.
Rajeev,dsatsih,ag28
I agree with you regarding the payments collection and your various initaitives to Rajeev Khanna regarding payment issue. I think at this moment nothing is concrete/we ourslves are not knowing/sure our future course of action and its impacts . Few guys just talk file a suit and then they disappear and do not keep track of things happeneing here .That do not give continuty in any ones thoughts. and that is why Rajeev may be not replying to your calls/emails. However I am sure he will have this thought any time and he will definately let us know at the right time.Because every one is posing different solutions and asking many different question to Rajeev every day . We need to be firm with final course of action so that Rajeev will think on payments . So dsatish take it bit easy. I know we are ready with what ever funds we can come with ,keep ready . as once Rajeev gets clear and fair idea what he needs to do dependng upon which way our fight is going and what we desire , it will automaticaly force him to ask us certain amount of funds and then we must arrange for that . At this moment every thing is premature and I do not think any professinal will accept fees or discuss for pre mature discussion till it reaches to some conclusion . based on conclusion and final course of action Rajeev will definately let us know how we are expected to proceed in regards to funds. We all need to keep some pations and keep in mind the familarity with Rajeev till date . I have not seen him and not advocating him . It is my pure opinion reading from his portal. So let us decide amongst us what we ned to do finally ? how many people coming forward with money and legal documentation and then contact Rajeev or who ever you feel .
I agree with you regarding the payments collection and your various initaitives to Rajeev Khanna regarding payment issue. I think at this moment nothing is concrete/we ourslves are not knowing/sure our future course of action and its impacts . Few guys just talk file a suit and then they disappear and do not keep track of things happeneing here .That do not give continuty in any ones thoughts. and that is why Rajeev may be not replying to your calls/emails. However I am sure he will have this thought any time and he will definately let us know at the right time.Because every one is posing different solutions and asking many different question to Rajeev every day . We need to be firm with final course of action so that Rajeev will think on payments . So dsatish take it bit easy. I know we are ready with what ever funds we can come with ,keep ready . as once Rajeev gets clear and fair idea what he needs to do dependng upon which way our fight is going and what we desire , it will automaticaly force him to ask us certain amount of funds and then we must arrange for that . At this moment every thing is premature and I do not think any professinal will accept fees or discuss for pre mature discussion till it reaches to some conclusion . based on conclusion and final course of action Rajeev will definately let us know how we are expected to proceed in regards to funds. We all need to keep some pations and keep in mind the familarity with Rajeev till date . I have not seen him and not advocating him . It is my pure opinion reading from his portal. So let us decide amongst us what we ned to do finally ? how many people coming forward with money and legal documentation and then contact Rajeev or who ever you feel .
law suit
I know many people might have known this, otherwise,
When we file law suit against a Federal government , the case would be opened in the supreme court direct.
Especially in these case attorneys/offices are paid by the INS itself if they win or otherwise we need to pay the amount for their time and work.
Forget about getting money from INS, we need to contribute for otherside of the coin.
I know many people might have known this, otherwise,
When we file law suit against a Federal government , the case would be opened in the supreme court direct.
Especially in these case attorneys/offices are paid by the INS itself if they win or otherwise we need to pay the amount for their time and work.
Forget about getting money from INS, we need to contribute for otherside of the coin.
hidden_dragon
Registered Users (C)
Anybody can set up a fund? I will sent money right away. We can use something like paypal.
Re: FOIA
You are right. Some of this material can be discovered by FOIA. FOIA is a good tool for general procedures, policies etc. We cannot use it for individual cases.
Originally posted by waitn2long
Regarding stats about pending applications and rate of processing, can't we use FOIA for this?
If, as a lot of people believe, that BCIS keeps coming up with
excuses for the delay, but in reality has an ulterior motive,
can't we file an FOIA request to get at this motive? For
example:
Memos relating or pertaining to EB I-485 processing including
- instructions and directions to adjudicators ("zero tolerance" etc)
- instructions and directions to IIOs ("20 months...")
- internal concerns raised by adjudicators related to inefficiencies
in background checks, lack of coordination with the FBI, etc
I've never worked in a bureaucracy myself, but it strikes me
that there must be a wealth of memos there...
You are right. Some of this material can be discovered by FOIA. FOIA is a good tool for general procedures, policies etc. We cannot use it for individual cases.
Re: Fund Collection
Hmmm. Holding money is a big responsibility. But we can do it. I will open a separate account for you and post monthly statements on the forum to inform you where your money is going. Better still, I can spend the money and you can reimburse us. That may be better from tax perspective for you. Let me check with our accountants.
Hmmm. Holding money is a big responsibility. But we can do it. I will open a separate account for you and post monthly statements on the forum to inform you where your money is going. Better still, I can spend the money and you can reimburse us. That may be better from tax perspective for you. Let me check with our accountants.
Re: Good idea Dsatish
I can hire someone to put together the reserach/draft etc. for us (I have two or three people in mind). Then I can have our firm take over. That would be perhaps the most economical. We will of course not charge for our time. Briefs are the most time consuming work for the firm. Preparing for arguments and all is just my time. Having been neck deep in this branch of the law for over ten years, that should not be too burdensome.
I can hire someone to put together the reserach/draft etc. for us (I have two or three people in mind). Then I can have our firm take over. That would be perhaps the most economical. We will of course not charge for our time. Briefs are the most time consuming work for the firm. Preparing for arguments and all is just my time. Having been neck deep in this branch of the law for over ten years, that should not be too burdensome.
Re: Re: Fund Collection
Thanks Rajiv.
Many people here are desperate to start doing something and thay are all willing to contribute money for our cause.We prefer to form the fund and pay for your services rather than you do any work for and bill us later (Atleast we will be your official clients and we can rightfully ask you about the progress ). So we will startsending the checks as follows :
Payable to "Law Offices Of Rajiv Khanna" . The address will be same as the one displayed on the top right side of this web page.
We will write the purpose as "I485 backlog case fund - user XXXX"
We can create a Thread on this forum to publish which user has sent howmuch money etc. That will encourage others to join this fund collection drive. Operations can maintain that thread. Please let me know if the info i have written is correct ("payable to" and "address"). Once i get your reply, we will start sending checks (from the moment we recieve your response).
Once again, thank you very much for your cooperation.
Thanks Rajiv.
Many people here are desperate to start doing something and thay are all willing to contribute money for our cause.We prefer to form the fund and pay for your services rather than you do any work for and bill us later (Atleast we will be your official clients and we can rightfully ask you about the progress
). So we will startsending the checks as follows :Payable to "Law Offices Of Rajiv Khanna" . The address will be same as the one displayed on the top right side of this web page.
We will write the purpose as "I485 backlog case fund - user XXXX"
We can create a Thread on this forum to publish which user has sent howmuch money etc. That will encourage others to join this fund collection drive. Operations can maintain that thread. Please let me know if the info i have written is correct ("payable to" and "address"). Once i get your reply, we will start sending checks (from the moment we recieve your response).
Once again, thank you very much for your cooperation.
good
Let's know when we could start mailing the checks.
for the law suit, questions
1. how many people should provide details, or it's a gernal case?
2. How long the prepairtion takes?
3. how long the suit takes? what could be the outcome?
4. how much at least we should collect together to be prepaired?
thanks Rajiv,
BTW, we don't want you work free for us, you are a big help to us already
Let's know when we could start mailing the checks.
for the law suit, questions
1. how many people should provide details, or it's a gernal case?
2. How long the prepairtion takes?
3. how long the suit takes? what could be the outcome?
4. how much at least we should collect together to be prepaired?
thanks Rajiv,
BTW, we don't want you work free for us, you are a big help to us already
Re: Re: Re: Fund Collection
Satish,
I appreciate the efforts taken by many people.
Here is my stand. I am willing to contribute money for this cause. But at the same time I don't want others to know how much I contributed. I have my own reasons for that.
I think it is a better idea to put the maximum amount and mimimum amount without mentioning the user name. If we do so many people will be willing to contribute. I can ask some of my colleagues to do. (Hope u got the reason).
Eventhough I am very much interested to volunteer for this cause and I have good experience in leading a team (was class representative during graduate and post graduate, organized so many groups at work), I would like to keep a low profile in this regard due to my personal reasons.
If you guys wish, I can post my suggestions here as long as people don't take it personal.
Reg money, First thing we need to know is how much it would cost approx. If we know that, I don't think it is difficult to collect that amount. I am confident about that and we can discuss about that later if need be.
My RD / ND is May 2003 and I have a long way to go. These are just my 2 cents. Let me know ur thoughts.
Thanks,
Bishma.
Satish,
I appreciate the efforts taken by many people.
Here is my stand. I am willing to contribute money for this cause. But at the same time I don't want others to know how much I contributed. I have my own reasons for that.
I think it is a better idea to put the maximum amount and mimimum amount without mentioning the user name. If we do so many people will be willing to contribute. I can ask some of my colleagues to do. (Hope u got the reason).
Eventhough I am very much interested to volunteer for this cause and I have good experience in leading a team (was class representative during graduate and post graduate, organized so many groups at work), I would like to keep a low profile in this regard due to my personal reasons.
If you guys wish, I can post my suggestions here as long as people don't take it personal.
Reg money, First thing we need to know is how much it would cost approx. If we know that, I don't think it is difficult to collect that amount. I am confident about that and we can discuss about that later if need be.
My RD / ND is May 2003 and I have a long way to go. These are just my 2 cents. Let me know ur thoughts.
Thanks,
Bishma.
DaoMingTze
Registered Users (C)
Probably Mr. Khanna can provide a rough estimate, how much the whole thing is going to cost.
It would help everyone in the group in deciding how much to contribute. I think that spreading the cost evenly is probably the fair way to do it. On the other hand, I think this is a voluntary effort too, so probably contributing time/money should be voluntary, based on each individual's ability and willingness.
We can probably set up something like the Public TV/Radio fundraising drive system. Set up a fund, and keep us updated how much has been collected, and how much has been spent transparently. If we have surplus, hopefully we can buy a champagne in the end to celebrate our success. If we were facing deficit, we could use it to compel more people here to contribute more $.
Just my $ 0.02
Note to mr. Khanna: can we have spell check feature in this forum?
It would help everyone in the group in deciding how much to contribute. I think that spreading the cost evenly is probably the fair way to do it. On the other hand, I think this is a voluntary effort too, so probably contributing time/money should be voluntary, based on each individual's ability and willingness.
We can probably set up something like the Public TV/Radio fundraising drive system. Set up a fund, and keep us updated how much has been collected, and how much has been spent transparently. If we have surplus, hopefully we can buy a champagne in the end to celebrate our success. If we were facing deficit, we could use it to compel more people here to contribute more $.
Just my $ 0.02
Note to mr. Khanna: can we have spell check feature in this forum?
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Legal basis overview
I also think that once a decision to act has been made, an overview of the legal basis of filing a suit needs to be presented so people who want to contribute can feel comfortable as to the chances of success. I personally would be at ease if there is a coherent explanation of the law in INA that we claim to be ignored. As I see it the 180 days processing law passed in 2000 seems like a sure footing.............
I also think that once a decision to act has been made, an overview of the legal basis of filing a suit needs to be presented so people who want to contribute can feel comfortable as to the chances of success. I personally would be at ease if there is a coherent explanation of the law in INA that we claim to be ignored. As I see it the 180 days processing law passed in 2000 seems like a sure footing.............
smita_goyle
Registered Users (C)
The sooner is the better. Lets do it friends!!!
Dear Friends,
First of all I am thanking you all for taking or at least thinking to do a law suit action for the delay in processing.
You all are willing to pay and me too but the things are hardly getting materialized.
I am requesting all the forum readers(silent/active) to contact their friends and collogues who are still waiting in the final stage of adjustment of status so that they may be willing to contribute at least something for this.
Here are some of my points
1) The minimum amount should be around $200/- and the maximum will be depend on the willingness to pay. We need to contribute as soon as possible. Let us decide very soon to whom we need to pay.
2) My heartly thanks to Rajiv Sir who is a Big B to all of us and willing to help us for this. Again I am requesting Rajiv Sir to help us in this Demoralising, highly fustrated moment.
3) Along with the Law suit we may consider to buy/arrange a Lobbist(s) who have the influence in the immigration matter at white house or with the senetors (these are like chamchas for politician in India). Lobbing is legal in US, if we pay some money they may help us. (Please give your comments)
4) Also we may consider paying some "chanda"/contribution to the Repubs/Democrats election campaign who may be willing to help us. (Please give your comments)
5) Let all of us ask/ write a strong request letters to all of the immigration atternoys though whom we filed our cases to ask the (INS/BCIS/USCIS) to reply the real reason for the delay. Please remember only the great atternoys can help us, its our right to ask them conversely their duty to help us.
6) Lots of silent forum readers like a "Cat on the Wall" ( I was one of them) may be willing to pay but afraid of the negative consuqueces which may happen( For example the USCIS may go againt us, our files may be put on hold for ever etc and etc). I think our Rajiv sir may like to put some comment(s) in this forum to clear the doughts/fear the silent readers have regarding the suing...
7) In this law suit , we expect at least the 485 files will be processed within the stipulated time period in the 485 receipt (say 365 to 540 days) without fail. This is the bare minimum.
8) Logic behind the security checks.
I donot understand the delay in security checks
The more dealy in security checks leads to more time the illigal immigrant(if any) who may be violating the law enjoys his stay in USA . The security checks should not take more than one week.
9)The DMV.
Due to these delays the DMV issuing the temporary DL, for each 10/11 months , we need to go with new EAD to renew our DL which is pathetic with new NJs 6+1 point identification with 9 queues to stand since 5am early morning at the Reginal DMV center.
So my dear friends(silent/active) please come forward help all of us in this moment, we never know how many more BCIS/USCIS rules are still there in queue to impose on us, If we dont act now we may suffer a lot in the future that is unpridicatble.
thanks
sg
Dear Friends,
First of all I am thanking you all for taking or at least thinking to do a law suit action for the delay in processing.
You all are willing to pay and me too but the things are hardly getting materialized.
I am requesting all the forum readers(silent/active) to contact their friends and collogues who are still waiting in the final stage of adjustment of status so that they may be willing to contribute at least something for this.
Here are some of my points
1) The minimum amount should be around $200/- and the maximum will be depend on the willingness to pay. We need to contribute as soon as possible. Let us decide very soon to whom we need to pay.
2) My heartly thanks to Rajiv Sir who is a Big B to all of us and willing to help us for this. Again I am requesting Rajiv Sir to help us in this Demoralising, highly fustrated moment.
3) Along with the Law suit we may consider to buy/arrange a Lobbist(s) who have the influence in the immigration matter at white house or with the senetors (these are like chamchas for politician in India). Lobbing is legal in US, if we pay some money they may help us. (Please give your comments)
4) Also we may consider paying some "chanda"/contribution to the Repubs/Democrats election campaign who may be willing to help us. (Please give your comments)
5) Let all of us ask/ write a strong request letters to all of the immigration atternoys though whom we filed our cases to ask the (INS/BCIS/USCIS) to reply the real reason for the delay. Please remember only the great atternoys can help us, its our right to ask them conversely their duty to help us.
6) Lots of silent forum readers like a "Cat on the Wall" ( I was one of them) may be willing to pay but afraid of the negative consuqueces which may happen( For example the USCIS may go againt us, our files may be put on hold for ever etc and etc). I think our Rajiv sir may like to put some comment(s) in this forum to clear the doughts/fear the silent readers have regarding the suing...
7) In this law suit , we expect at least the 485 files will be processed within the stipulated time period in the 485 receipt (say 365 to 540 days) without fail. This is the bare minimum.
8) Logic behind the security checks.
I donot understand the delay in security checks
The more dealy in security checks leads to more time the illigal immigrant(if any) who may be violating the law enjoys his stay in USA . The security checks should not take more than one week.
9)The DMV.
Due to these delays the DMV issuing the temporary DL, for each 10/11 months , we need to go with new EAD to renew our DL which is pathetic with new NJs 6+1 point identification with 9 queues to stand since 5am early morning at the Reginal DMV center.
So my dear friends(silent/active) please come forward help all of us in this moment, we never know how many more BCIS/USCIS rules are still there in queue to impose on us, If we dont act now we may suffer a lot in the future that is unpridicatble.
thanks
sg
I have read the postings folks
I have sent a couple of e-mails to lawyers I intend to have draft our petitions. Let me see what kind of quote I get. Like I said earlier, I intend NOT to charge for my time from any individuals. If the case is certified as a class, we should be paid by the government. I suggest we get some kind of a spreadsheet goinng on who wants to contribute and how much. Someone should volunteer and assess the amount of money we can raise.
That would give us a good start.
I have sent a couple of e-mails to lawyers I intend to have draft our petitions. Let me see what kind of quote I get. Like I said earlier, I intend NOT to charge for my time from any individuals. If the case is certified as a class, we should be paid by the government. I suggest we get some kind of a spreadsheet goinng on who wants to contribute and how much. Someone should volunteer and assess the amount of money we can raise.
That would give us a good start.