Employment based immigration backlog petition

Re: I have read the postings folks

Originally posted by operations
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.
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Here is the result of the recently conducted poll in the other thread.
Shall we file class action against USCIS ?
You have already voted on this poll.
Yes, and I will pay 131 75.72%
Yes, but I cannot pay 21 12.14%
No 21 12.14%

If 131 voted members contribute a minimum of $100, then we get $13.1 K. There are lot of silent spectators and not everyone willing to contribute voted on this poll. I think there should be around 500 silent and active members willing to contribute atleast $100, so my optimistic target is around $50K.


Since some of the members prefer not to reveal their identity and their contribution level we might not get the actual numbers if we pass the spread sheet around requesting them pledge the contribution.

We spend $230 for EAD and AP renewal everyyear for 1 person, for whole family more than that. So all EB based applicants might be willing to contribute for this noble cause than paying to CIS for EAD and AP renewal and then go through the mental torture, depression, frustration,..... due to the slowing processing of their immigration benefits petition at CIS.

BTW,
In just 48 hours, 170 people pledged over $10,000 towards ISN campaign in 1999/2000 and their target was $50K at that time.
 
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dsatish,edison,Kashmir,ag88

Looks that Rajiv made up his mind finally . Can some ino try to work on spredsheet and make it available online ,so that we will get better idea and money starts flowing soon..
 
count me in.

Please count me in as one of the 10-15 people for whom you need the information from. I am tired of waiting for the past 25 months for the 485 approval (having exhausted petitions, approaching congress people etc.). This is the only way to go. Also count me in for the money as well.
 
Re: Re: Re: Fund Collection

Rajiv,
I think that we should not waste any more time or momentum for collecting the funds. Lot of people have already expressed thier opinion and a vast majority of the people are willing to contribute.
There is no use do a survey to get an idea of how much we will collect because the survey results will be vastly different from the actual results. I am telling you based on the experience we havw with surveys for signature collection drive. We wasted 2 full weaks to collect the survey (only 130 people answered the survey where as more than 3000 people signed the petition). A lot of people will join only result oriented actions, not discussions.
My guess is we will be collecting between $25000 and $50000. You can assume that we will collect around $25K within 10 days and we may reach 40K or 50K after 1 month. Once we get the money, then we will decide what we can do with that. The amount of money collected will influence what we can do. So we can't really have hard plans now without having money in the kitty.
Can we start sending checks payable to "Law offices of Rajiv Khanna" ? please let us know.

PS : Edison and others . As soon as you hear "go ahead and send checks" from Rajiv, please create threads in all the 4 forums and ask people to start sending checks. Briefly explain that tis money will be utilised to pay for legal expenses and also for hiring some one who can help us in meeting the congress men and also influencing the prominent indian american organisations who will take up our cause with the congress men. We should aim at congressional indian caucus etc.
 
Re: The sooner is the better. Lets do it friends!!!

Originally posted by smita_goyle
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)
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Smita,
your suggestions look good. How ever i would say that let us keep the minimum amount at $100 but let us appeal to people to make it $200 if possible. I will send $200 from my side. Please join the team discussions in the "who want to be in action team" thread.
 
dsatish,smita,edison and all there

let us start working on atleast by looking spreadsheet or messages mentioned on this portal that he/she/I mailed the check to Rajiv is good enough to encourage others ,I do not think they need to write the figure ( if they wish ) on this portal. Our main goal is to collect what ever funds we can . Let the contributors/donars decide how much they can afford . We shud have some legal document ready within week or so for readers on this portal then after every one's opinions and Rajiv's advise we shud awake the sleeping cell of Govt. within 2 /3 weeks time or even before depending upon every ones go ahead and Rajiv
 
other service center forum

Why this thread is not common to all the service centers forum? I can only find it under "485 issues in vermont center". It should be changed immediately under "I-485 issues".:eek: :confused:
Unless everyone here is only concerned about vermont - I am at the wrong place then.
 
Re: other service center forum

Originally posted by hidden_dragon
Why this thread is not common to all the service centers forum? I can only find it under "485 issues in vermont center". It should be changed immediately under "I-485 issues".:eek: :confused:
Unless everyone here is only concerned about vermont - I am at the wrong place then.
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VSC forum is in the forefront of active discussions. But when it comes to final actions, we always involve other forums. So when we really start the fund collection drive, we will involve all the forums.

kash777,
your suggestion looks good. When we start sending checks, let's maintain a spreadsheet about who has sent checks. We can keep the amount as optional(need not mention in the spreadsheet).
 
Rajiv,operations,Dsatish and all there

Let us strat working on :( if not earlier ) :

1) Operations make sure column name, check received from so and so.. ( here not necessarily real name as check will carry all that info and can be maintained secret identity . Individual sending check make sure you write your name on the portal .
2) may add one more column after this check realised
3) gather facts petition sent to Prakash Khatri and all concerned ,everyone's name and respective dates
4) if you have received any feedback from any one of these
5) reminders along with updated signatures record
6) any feedback and collect all these fedexd receipt or any other proof docs.
7) Rajiv ,please let us communicate as many immigration lawyers ( I am just giving an idea ,I know you may have already done that or it is already in your mind ) as you can on this issue as we can get any one's help latter on as this decison is going to help ful for all immigration lawyers clients like us . So every immi attorney is going to be benefitted directly/indirectly if this works out very well.

8) Individulas who ever crossed max limit of days mentioned on their 485 receipt , ( Oct,Nov,Dec 2001 and Jan, Feb ,Mar 2002 RD's or more pls check )what ever tries they did ,like contacting senators,congressman let us have this docs ready .,writing BCIS to expediate case ,or initaiting enquiry on 1800 number and dates or replies they received. everyting is going to help ful to mention that how BCIS is functioning and slow on our cases. even after individuals try .
9) once BCIS do not make any decision after this max time limit say 540 days on 485 reciept then it is there problem and not ours . Whether they will like to have references,additional evidences , 2nd FP and all other needs they need to work on max 30 days after this time limit and additional evidence submission. No further delay as applicant have already suffered and reached max time limit within which BCIS needs to come to decision.

10 ) there is no information received from BCIS that they will need more time than max timelimit mentioned on 485 receipt date.

11) Rajiv please go ahead and correct me or thro more light on this issue as soon as possible.

12) make this thread common to all service centres >let every one be on forefront and take lead .


Hope this helps every one . Let us try and work on all cases filed before and after Oct to Dec 2001 then jan , Feb , Mar 2002 or after that cases
 
Let's go!!!

Let's set up the spreadsheet! Does this mean that Attny Khanna has definitely willing to become the official "controller" of our fund?

We can have 2 versions of spreadsheet, 1 a comprehensive one that will neot be kept public that contains all info, like real name, address, case details, amount pledged and money paid; and another spreadsheet that contains generic info, like "handles" of people pledging, money pledged and total amount raised.

I have been waiting for 760 days and counting, and I am fed up with this process already, talking to useless IIO (Immigration ignorance officers) at NCSC (National Clueless Service Center), etc.

I think someone clse to Rajiv should be appointed treasurer, (EDISON, are you there?) to handle this spreadsheet and logistics.
 
I have sent Rajiv an e-mail, requesting him set up an account.

We need to make the check payable to, e.g. "485 Class Action Trust Fund" or whatever name Rajiv opens the account with. Once the account is set up, we can deposit money directly into the account, or send the checks to him.

I hope Rajiv will come up with a name for the fund so that we can send the checks in even before the account is set up.

I'll update the board with more details. It will be even better if Rajiv can publish the details here directly.
 
I forgot to mention,addiing here now:

Operations or who ever receiving funds as there will be no detail mention about check value, atleast update total amount received weekly basis...
 
Originally posted by YJay
I have sent Rajiv an e-mail, requesting him set up an account.

We need to make the check payable to, e.g. "485 Class Action Trust Fund" or whatever name Rajiv opens the account with. Once the account is set up, we can deposit money directly into the account, or send the checks to him.

I hope Rajiv will come up with a name for the fund so that we can send the checks in even before the account is set up.

I'll update the board with more details. It will be even better if Rajiv can publish the details here directly.
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Hmmm. I have recived no email. But we are trying to figure out how we can hold the funds without ethical/legal complications. I will need to contact the VA/DC bars also. Stand by. It might take us a a few days to figure this out.
 
Re: Slow Down folks. This is a different situation

Originally posted by operations
In DV cases, delay of 485 can mean loss of green card. Not the same thing as our cases. Sorry.

I see no harm in filing a Mandamus/Declaratory class action suit. But frankly, I know better. Chances of sucess are not great. But, this would certainly wake up the govt. and force them to at least acknowledge (and just MAY be address) the problem. Our team has no problem going to court if that is what you want.
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Dear Rajiv,

Lot of I-485 Cases were promised to process in 365 Days in the initial reciept. Few months later they updated to 775 days and now 999 days. Is this situation applies to Mandamus/Declaratory class action suit. Is it possible to bring one common Mandamus/Declaratory class action suit on behalf of all the pending cases on all Service Center.
 
Re: Fund Collection

Originally posted by dsatish
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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I am ready to contribute $500 to $1000, I filed in TSc service Center. I f bring the lawsuit against TSC including all the Service Centers.
 
Re: Re: Slow Down folks. This is a different situation

Originally posted by srvimmi
Dear Rajiv,

Lot of I-485 Cases were promised to process in 365 Days in the initial reciept. Few months later they updated to 775 days and now 999 days. Is this situation applies to Mandamus/Declaratory class action suit. Is it possible to bring one common Mandamus/Declaratory class action suit on behalf of all the pending cases on all Service Center.
Click to expand...

That is what we intend to do. The real issue is, do we have a right to speedy adjudication. That is what we need to look into.
 
Re: The sooner is the better. Lets do it friends!!!

Originally posted by smita_goyle
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.

I appreciate your concerns. I think you spoked enough for all of us. I am not sure when you guys aretalking about Law Suit you are only talking about VSC or NSC or a general one to cover all the Service Centers including TSC. For TSC an extra point, TSC 1 yr slower than other Service Centers, We nee dto emphasize on that put some presuure to bring TSC to the same speed as of othe SC's. I filed in TSC OCT 2001, I am willing to contributeupto $500 rightaway on behalf of Me and my Wife. Let me know Guys.



thanks
sg
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Re: Re: other service center forum

Originally posted by dsatish
VSC forum is in the forefront of active discussions. But when it comes to final actions, we always involve other forums. So when we really start the fund collection drive, we will involve all the forums.

kash777,
your suggestion looks good. When we start sending checks, let's maintain a spreadsheet about who has sent checks. We can keep the amount as optional(need not mention in the spreadsheet).
Click to expand...

Why don't you maintain it as a common issue for all the people. Why don't you maintain this thread in I-485 Common Issues. We want to make sure that, When we conttribute, all the Service Centers are foucused equally when fighting with INS. Please move the Common Issues and make a plan which include the lawsuits for all SCs or a common one to sue BCIS(TSC, VSC, NSC, CSC). We will start sending checks immediately.
 
Re: Re: Re: Slow Down folks. This is a different situation

Originally posted by operations
That is what we intend to do. The real issue is, do we have a right to speedy adjudication. That is what we need to look into. [/QUOTE

Its not the question of Speedy Adjudication. Its the question of living up to the committment. When you promised 365 or 775 days and collected fees, You shoud live up to that. It is not at all reasonable to change their time lines several times to 999 days or 1500 (May be in the future). I think we have a strong point to fight with BCIS as we paid and served the country better than Relegious workers and Refugees and Lottery Immigrant people]
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