Employment based immigration backlog petition

Update on Class ACtion/Tax Free Incorporation

1. Class action: We have finished the first review of pertinent case law. Not VERY helpful but, as I had earlier thought, a CA will at least wake people up. I will post a draft memo from one of my colleagues.

2. I have signed the papers for incorporation and subsequent tax exempt status for immigrationportal.org.
 
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Re: Update on Class ACtion/Tax Free Incorporation

Originally posted by operations
1. Class action: We have finished the first review of pertinent case law. Not VERY helpful but, as I had earlier thought, a CA will at least wake people up. I will post a draft memo from one of my colleagues.

2. I have signed the papers for incorporation and subsequent tax exempt status for immigrationportal.org.
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Thanks, Rajiv for all the efforts.


Let's move ahead with Fund collection for new organization.
 
Thanks Rajiv again and gain for all your efforts.

If it is helpful to wake up people at BCIS ,. lets proceed . My impression is that they do not lack staff as they are very fast in issuing EAD and AP or other recipts. Just they do not wish to work on 485 .

We have official reply from Prakash Khatri's office . Now , we shud follow up with such kind of action letter otherwise it will like petition resting on Prakash's table and every one thinks that it is normal. We shud let them know that we are constrained to let you know that it much much abnormal now ....
 
Re: Major Accomplishments in Project Ocean

Firstly, you have worked hard and your efforts are to be commended.
Has USCIS even bothered to respond to any of these ?.

Originally posted by kashmir
(originally posted at Project Ocean thread at CSC forum)


Major Accomplishments of Project Ocean in California

Pete Stark (D CA 13th)
10/23/2003 Acting Director, Office of Congressional Relations, Department of Homeland Security

Anna Eshoo (D CA 14th)
11/11/2003 Don Neufeld, Director of CSC

Mike Honda (D CA 15th)
(11/21/2003) Don Neufeld, Director of CSC

Barbara Boxer (D CA)
11/13/2003 Mr. Tim Haugh, Acting Director of Congressional Relations (USCIS ?)
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Re: Re: Major Accomplishments in Project Ocean

Originally posted by sai-2367
Firstly, you have worked hard and your efforts are to be commended.
Has USCIS even bothered to respond to any of these ?.
Click to expand...
Not yet.
However, I believe we would get a written statement from Director of CSC at least through Anna Eshoo's office.
 
Copy of petition and signatures mailed to the Director of BCIS

Hi All,

This is to inform you that a copy of the I-485 petition has been fedexed to Eduardo Aguirre, Jr., Director of BCIS in Washington, DC.
The delivery was picked up on 25th Nov. I shall post an update if we receive a response on it.




Thanks

Monica
 
Monica, This is really good work. I hope we include this communication to Prakash Khatri and Director also .
 
response from my local congressman

Hi

I wrote to Richard Gephart a couple of weeks ago, and I got response in mail. They actually contacted BCIS, but the reply from BCIS is nothing useful, and almost misleading. Anyway here is part of the letter I got:

"As you know, there is a huge backlog of all types of petitions pending. The NSC advises that they are currently adjuciating cases like this that were received prior to August 24,2001. In fairness to all applicants, they will not process these cases out of turn...I will be happy to make an inquiry on it's status if you provide me with your receipt number. However, I have absolutely no say in the decision-making process of an individual case nor can I get BCIS to expedite it's adjudication..."

It's disappointing but at least the congressman contaced the BCIS, which hopefully have pressure on them.

My question is, can anyone suggest how I should reply to congressman? Obviuosly the point is that employment based I-485 is not processed fairly comparing with other category. But can anyone point to me some evidence that we (EB 485) are not receiving fair treatment? More important, what exactly can we ask for from congressman?
 
Re: response from my local congressman

I heard today that Diane Feinstein's office received some 50000+ mails on the patriot act itself. Imagine the amount of mails these senators / congressmen receive. They will prioritize mail response urgency according to the campaign needs at this moment.
I really have a hard time believing that during these election times, the congressmen's staff will have time for a non-political issue.

Originally posted by hidden_dragon
Hi

I wrote to Richard Gephart a couple of weeks ago, and I got response in mail. They actually contacted BCIS, but the reply from BCIS is nothing useful, and almost misleading. Anyway here is part of the letter I got:

"As you know, there is a huge backlog of all types of petitions pending. The NSC advises that they are currently adjuciating cases like this that were received prior to August 24,2001. In fairness to all applicants, they will not process these cases out of turn...I will be happy to make an inquiry on it's status if you provide me with your receipt number. However, I have absolutely no say in the decision-making process of an individual case nor can I get BCIS to expedite it's adjudication..."

It's disappointing but at least the congressman contaced the BCIS, which hopefully have pressure on them.

My question is, can anyone suggest how I should reply to congressman? Obviuosly the point is that employment based I-485 is not processed fairly comparing with other category. But can anyone point to me some evidence that we (EB 485) are not receiving fair treatment? More important, what exactly can we ask for from congressman?
Click to expand...
 
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hidden_dragon.,

take ot print out of cases you see they are approved after Aug 2001 or after that as INs keep on saying they need to process in time what they are doing . So show Congressman that they are even processing cases after Aug 2001 ,go alongwith some statistics proof . I think that shud help.
 
Its a Go!

Here is an email I have sent out this morning:

Folks, I think we are getting ready to file a law suit against INS for 485 delays. I think we have enough legal support to at least sustain a cause of action. Our team has researched preliminarily some of the law in our support. A member of the community pointed out AC21 also. I doubt if we can file a private law suit to enforce these provisions. But at least we can make an argument. See attached memo. This memo is very rough, so please ignore any semantics that you find faulty.

What I need now from the community now is a list of may be 5 to10 I-485 applicants whose applications have been pending for a long time; who have relatively "clean cases" (degrees from USA, verifiable experience, no criminal background, working with the same employer who is processing the green card and preferably some extraordinary hardship because of the delay).

These people must be committed and make themselves available as needed for speaking with us on the phone. They must sign contracts with our firm agreeing to our representation. They will be charged nothing. But if you folks wish to collect money, please do so on volunteer basis. Vijay Sharma, vijay.sharma@immigration.com can open an account to hold the funds. You can contact him directly. We would certainly welcome contributions from the community. It will help us expend more resources towards the litigation.

Suman ji, our team just needs to meet with me today. I will explain the logistics. Monica, post this announcement in the Moderators' forum also.


Let me know.
 
Rajiv,
Thanks for the update. I'm happy that we are moving forward towards lawsuit against USCIS. We appreciate your efforts and We'll support this in all way.
 
Select some people to be coordintaors

We will need logistical support until we select the final petitioners. I think we could move with the same core group who had a confernce call last Saturday.

This is just not just for public benefit folks. We get publicity out of this too. But that is certainly not the motivation (I believe).:)
 
Re: Select some people to be coordintaors

Originally posted by operations
We will need logistical support until we select the final petitioners. I think we could move with the same core group who had a confernce call last Saturday.

This is just not just for public benefit folks. We get publicity out of this too. But that is certainly not the motivation (I believe).:)
Click to expand...

Thanks again. We'll(core team) co-ordinate this with you to finalize the petitioners.
 
I am glad to see that the lawsuit against CIS is taking shape. Whoever feels your case meets the criteria (pending long time, working for same employer sponsoring your GC, US degrees, no criminal record, suffering some hardship, etc.) please come forward to talk to Rajiv or the core team through PM or e-mail.

Please remember you are not charged for the class action. What you get is your case adjudicated and justices done.
 
Rajiv,Edison.
I am glad to read your message. It will good if there is some idea of long period waiting for 485 from your side. As we know there are lot of people waiting here say Oct 2001 or around. If we gave them which month can be regarded as long wait from statistics of all 5 service centers will be good.

I am going to India Dec11 th and will be back by Jan 10th or aound. But I will send check around that time. Also I will keep accessing my emails from India. I am going to return on AP .

Count on me...
 
I think that any wait over 2 years is horrible and they are all eligible for this case. It's my opinion.
 
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