Employment based immigration backlog petition

Re: Re: Please Calm Down!!!

Originally posted by sai-2367
Before using the term 'we' you should concur with others.
I have respect for Rajiv too, for what he has done over the time period in providing such a great forum where people can discuss ideas, and his help to people of this community.
Remember this : For this to be successful we need more support from the folks and that needs a transparent effort on everyone's part. I do not doubt for a moment that Rajiv will not provide us with what we need. He is a man of integrity.
This is not a profane discussion that needs to be firewalled, but an honest discussion that many have but have not spoken up.

In short your ideas have been received, understood and ignored
Click to expand...


You are right. By the way, I need nor expect gratitude or respect above what you have for each other. I do, what I do, 'cos I like to do it. So then, there are no favors to anyone. When I do a favor, i will make sure I let you know loud and clear. :) :)
 
Re: Re: Please Calm Down!!!

That's exactly the point. Most people in this forum, we, trust Rajiv, without whose effort, there wouldn't this place for us to exchange idea and get together.
But I can see there will always be disagreement on everything.
So to make sure MOST of us are on the same foot, we need elect/set up the core team, who can represent WE. Then the endless argument about me, you, we can stop.
We need a dedicated team.


Originally posted by sai-2367
Before using the term 'we' you should concur with others.
I have respect for Rajiv too, for what he has done over the time period in providing such a great forum where people can discuss ideas, and his help to people of this community.
Remember this : For this to be successful we need more support from the folks and that needs a transparent effort on everyone's part. I do not doubt for a moment that Rajiv will not provide us with what we need. He is a man of integrity.
This is not a profane discussion that needs to be firewalled, but an honest discussion that many have but have not spoken up.

In short your ideas have been received, understood and ignored
Click to expand...
 
Q

Guys, Core team, Rajiv, and anybody else:

First, my intention was to get some information releases, se WE CAN HELP IN THE MOST APPROPRIATE WAY. True, we need the plaintiffs and the money collection and this is for a start. It is my personal belief that we NEED TO PAY.

Rajiv, a lot of people including myself, expressed their gratitude and thanks multiple times. Yes, we do trust you but we need to know more about this, by merely being members of this forum and the community. The majority of people on this forum, need more "guidance" from you if you wish, being our "default" leader. People were afraid to sign the Petition, people do not really know how to contact members of the Congress and everybody else for that matter. They are being confused by what a "clean case" is and what a "dirty" case is. It would be nice if through any means you wish, release OUR CHANCES and your reservations and the points. By the way I did some research on you and you can do the same on myself (I am not so sure if my case is so clean as I spent more than twenty years here, so I do not remember). I found out that you were involved with these problems a lot of years ago and I like that. Now, I am not sure about resume posting but a lot of people just post it on their websides..for different reasons..I guess is a personal thing. In any case, the point is that there is a lot of good will from your part as well as the core team but that may not be enough to pull us out. So, as I said since you are our leader, this community (I think) needs more DIRECTION in specific ways, derived from your experience as a lawyer, activist or simply living in the USA. For example,

the Ombudsman issue..no answer..what do you think. Can you call him and ask explanations? Do you suggest any other way? The same with the Director.
Getting people and organisations involved comes in many different shapes and forms. Endorsements, co-sponsor, etc. It is not necessarily two lawyers fighting each other..Sooner or later, it may come to the so called "SECURITY REASONS" and then what?
Finally what do think about the DC Court, its judges and history?
 
Re: Q

Originally posted by cinta
Guys, Core team, Rajiv, and anybody else:

First, my intention was to get some information releases, se WE CAN HELP IN THE MOST APPROPRIATE WAY. True, we need the plaintiffs and the money collection and this is for a start. It is my personal belief that we NEED TO PAY.

Rajiv, a lot of people including myself, expressed their gratitude and thanks multiple times. Yes, we do trust you but we need to know more about this, by merely being members of this forum and the community. The majority of people on this forum, need more "guidance" from you if you wish, being our "default" leader. People were afraid to sign the Petition, people do not really know how to contact members of the Congress and everybody else for that matter. They are being confused by what a "clean case" is and what a "dirty" case is. It would be nice if through any means you wish, release OUR CHANCES and your reservations and the points. By the way I did some research on you and you can do the same on myself (I am not so sure if my case is so clean as I spent more than twenty years here, so I do not remember). I found out that you were involved with these problems a lot of years ago and I like that. Now, I am not sure about resume posting but a lot of people just post it on their websides..for different reasons..I guess is a personal thing. In any case, the point is that there is a lot of good will from your part as well as the core team but that may not be enough to pull us out. So, as I said since you are our leader, this community (I think) needs more DIRECTION in specific ways, derived from your experience as a lawyer, activist or simply living in the USA. For example,

the Ombudsman issue..no answer..what do you think. Can you call him and ask explanations? Do you suggest any other way? The same with the Director.
Getting people and organisations involved comes in many different shapes and forms. Endorsements, co-sponsor, etc. It is not necessarily two lawyers fighting each other..Sooner or later, it may come to the so called "SECURITY REASONS" and then what?
Finally what do think about the DC Court, its judges and history?
Click to expand...


I am reviewing the DC courts decisions. So far, the descions are inconclusive.

Re: Ombudsman, let me draw up and file the law suit. THEN we can take it to the O. and ask him to mediate, thereby saving the court's time and the public's money.

Everything must wait until we have filed the case. Find me the plaintiffs. We are also looking at our own client list AND into filing on behalf of the whole community at immigrationportal.com (instead of naming specific clients).

I am also thinking of filing from some place other than DC. I see at lesat two courts very strongly against delays in general. There is a lot of work to be done. Two of our lawyers are working almost full time on this. I am having to go back and learn some of the procedures myself. it is interesting to be back doing, rather than managing.

Re: Pay. So far, I have not felt great monetary pressure. When I do, i will send a call out. pay if you will. Otherwise, no big deal.
 
Re: Re: Q

Originally posted by operations
I am reviewing the DC courts decisions. So far, the descions are inconclusive.

Re: Ombudsman, let me draw up and file the law suit. THEN we can take it to the O. and ask him to mediate, thereby saving the court's time and the public's money.

Everything must wait until we have filed the case. Find me the plaintiffs. We are also looking at our own client list AND into filing on behalf of the whole community at immigrationportal.com (instead of naming specific clients).

I am also thinking of filing from some place other than DC. I see at lesat two courts very strongly against delays in general. There is a lot of work to be done. Two of our lawyers are working almost full time on this. I am having to go back and learn some of the procedures myself. it is interesting to be back doing, rather than managing.

Re: Pay. So far, I have not felt great monetary pressure. When I do, i will send a call out. pay if you will. Otherwise, no big deal.
Click to expand...

Thanks for your reply; i think it gives courage to a lot of people. We are all here to contibute. I appreciate your stand on PAY, but as you should know, a PAID relationship makes BETTER friends.
How about the ninth district court in CA? or something along these lines??
 
Re: Re: Q

Originally posted by operations
...
Everything must wait until we have filed the case. Find me the plaintiffs. We are also looking at our own client list AND into filing on behalf of the whole community at immigrationportal.com (instead of naming specific clients).
...
Click to expand...
In the threads that dsatish started at each service center forum,
we can see 7 candidates (self nominated).
3 from CSC forum
2 from NSC forum
2 from TSC forum
0 from VSC forum
We should have more candidates in a couple of days.
Should each one send one's profile to Rajiv so that Rajiv can select plaintiffs ?
 
Re: Re: Re: Q

Originally posted by kashmir
In the threads that dsatish started at each service center forum,
we can see 7 candidates (self nominated).
3 from CSC forum
2 from NSC forum
2 from TSC forum
0 from VSC forum
We should have more candidates in a couple of days.
Should each one send one's profile to Rajiv so that Rajiv can select plaintiffs ?
Click to expand...


Yes. Please send me the profiles.
 
Re: Re: Re: Q

Originally posted by cinta
Thanks for your reply; i think it gives courage to a lot of people. We are all here to contibute. I appreciate your stand on PAY, but as you should know, a PAID relationship makes BETTER friends.
How about the ninth district court in CA? or something along these lines??
Click to expand...

I will call for money when needed.

I will let you know what I feel about forums to file. Stand by.
 
profiles

Originally posted by operations
Originally posted by kashmir
In the threads that dsatish started at each service center forum,
we can see 7 candidates (self nominated).
...
We should have more candidates in a couple of days.
Should each one send one's profile to Rajiv so that Rajiv can select plaintiffs ?
Click to expand...
Yes. Please send me the profiles.
Click to expand...
What kind of information should the profile include ?
  1. handle name at ImmigrationPortal.Com
  2. name
  3. address
  4. contact information (phone number, e-mail address)
  5. I-485 information
  6. company name
  7. degree
  8. hardship
Do you need additional information ?
As it includes private info, each one should send directly to rskhanna@immigration.com .
Is it OK with you ?
-kashmir
 
Re: profiles

Originally posted by kashmir
Yes. Please send me the profiles.
Click to expand...
What kind of information should the profile include ?
  1. handle name at ImmigrationPortal.Com
  2. name
  3. address
  4. contact information (phone number, e-mail address)
  5. I-485 information
  6. company name
  7. degree
  8. hardship
Do you need additional information ?
As it includes private info, each one should send directly to rskhanna@immigration.com .
Is it OK with you ?
-kashmir [/QUOTE]

Years working with the same employer
 
Rajiv,

With regards to the plaintiffs and hardship, is it that necessary to suffer hardship in order to instanciate the class action? Isn't the fact that the delays have proved to be inordinately long enough to justify the suit?

I have been waiting 14 months for my greencard, my case is pretty clean, been working for the same company right out of school, transitioned legally from F1 to H1 and now AOS, always earned more than LC, filed for 2 EAD's/AP's, and after all this I see absolutely no relief in sight. Specially when people who have been waiting 20 months can't claim to see the light at the end of the tunnel. I would love to be one of the plaintiffs, but I cannot honestly say I have suffered hardship due to the delay, other than the fact that I can't leave the country since my AP hasn't yet been renewed.

So if you clarify the grounds which you plan to file the law suit, I am sure you will have way more applicants, who will want to be plaintiffs in this lawsuit.
 
Criteria for plaintiffs

Rajiv,
I think that we don't need extraordinary hardships to be part of the Law Suit. The simple uncertainty, fear of losing the job and there by losing the status, stagnation in professional life and the resulting anguish, are all due to the delays by BCIS.

Secondly, i don't think we need to care about the officail processing times shown by BCIS. Congress has passed a bill asking INS(BCIS) to process all aplications within 6 months. Ofcourse it has given BCIS time till 2006 to achieve this goal. We can demand BCIS about what their action plan is about reducing the backlog and why the situation is gradually worsening instead of improving ? During the LAw suit if the BCIS lawyer questions us who promised us that our applications will be processed within a certain timeframe, then we can say that BCIS receipt mentions the timeframe as 540 days and we made the plans and decisions based on that.
So you can bring down the criteria for the plaintiffs to 540 days waiting

Thirdly, what is the need for the candidate to remain with the same company through out ? What's wrong with those who have used AC21 perfectly ?

I think that the real criteria for plaintiffs is their willingness and a wait period of over 540 days. That way we will get a lot of plaintiffs and the Lawsuit can be converted to represent almost any one waiting for over 1 year.
Please let us know about what you think of these points.
 
Last edited by a moderator:
Core team

Core team members,
Let's have a conference call tomorrow (Thursday 12/11 night) to thrash out certain issues regarding Law Suit and Fund collection. Please see the core team thread for more details. Once we all talk, we can invite Rajiv to our discussions.
 
Rajiv,
Please see the various litigation against CIS by AILF.

AILF Legal Action Center Litigation Updates

Excerpt from AILF litigation:


This class action lawsuit challenges the INS’ failure to adjudicate adjustment applications for asylees.
>>>>>The District Court for the District of Minnesota denied the Defendants' Motion to Transfer Venue from Minnesota to the District of Columbia. Ngwanyia v. Ashcroft will proceed in the U.S. District Court for the District of Minnesota. To see a copy of AILF's response to the Defendant's motion, click here.<<<<<


Atleast based on this case, it looks like CIS prefers D.C than Minnessota. You might be aware of the court that might be more favorable to us than CIS, anyway I just thought of just sharing the info that I read sometime back since I came across the discussion about preference of court.
 
Originally posted by 140_takes_4ever
Rajiv,

With regards to the plaintiffs and hardship, is it that necessary to suffer hardship in order to instanciate the class action? ............
So if you clarify the grounds which you plan to file the law suit, I am sure you will have way more applicants, who will want to be plaintiffs in this lawsuit.
Click to expand...

Rajiv,

I fully agree with 140_takes_4ever. I also think we have a legal ground to sue USCIS for its treatment of beneficiaries at various service centers, as in case of TSC we have to wait one full extra year to get adjudicated and we have no control over it. I feel this is out right discrimination by federal agency to do this. It is happening time and again with TSC, and I think every AOS candidate from TSC has a right to Justice. I came to this country 8 years ago and started my green card journey in1999, pending AOS 3/2002, had 2 EADs, 2 APs an interim EAD has been forced to take unpaid vacation as EAD processing times changed from 90 days to 120- 150 days and got an RFE for 2nd EAD, Can’t leave the country even for an emergency as they took more than 6 months to approve the AP.I feel life is totally out of control here, thank God unlike lot of my co-members on this forum I don't have to worry about my job. I don't know what else is considered hardship. Please let me know if I can sue.

Thank you for your great efforts
 
Last edited by a moderator:
Re: Criteria for plaintiffs

Originally posted by dsatish
Rajiv,
I think that we don't need extraordinary hardships to be part of the Law Suit. The simple uncertainty, fear of losing the job and there by losing the status, stagnation in professional life and the resulting anguish, are all due to the delays by BCIS.

Secondly, i don't think we need to care about the officail processing times shown by BCIS. Congress has passed a bill asking INS(BCIS) to process all aplications within 6 months. Ofcourse it has given BCIS time till 2006 to achieve this goal. We can demand BCIS about what their action plan is about reducing the backlog and why the situation is gradually worsening instead of improving ? During the LAw suit if the BCIS lawyer questions us who promised us that our applications will be processed within a certain timeframe, then we can say that BCIS receipt mentions the timeframe as 540 days and we made the plans and decisions based on that.
So you can bring down the criteria for the plaintiffs to 540 days waiting

Thirdly, what is the need for the candidate to remain with the same company through out ? What's wrong with those who have used AC21 perfectly ?

I think that the real criteria for plaintiffs is their willingness and a wait period of over 540 days. That way we will get a lot of plaintiffs and the Lawsuit can be converted to represent almost any one waiting for over 1 year.
Please let us know about what you think of these points.
Click to expand...


Good points but I have thought it all through.
1. Hardship ALWAYS makes the courts more likely to be sympathetic. "Hard cases make bad law" (for INS),
2. Congressional mandate does not give us a right to sue. Watch the govt. rub that in our face. But we will use it directly or indirectly.
3. My instinct says the simpler the case, the beter off we are. Why, explaining portability to the court makes it that much more difficult to focus on the real problem - delay. The courts know almost nothing about immigration laws.

Once again, trust me. I know what I am doing legally. Procedurally, may be not.

I do want some people 2-3 whose cases are relatively newly filed. Agaian, I have a reason. It is good for the case.
 
Re: Re: Criteria for plaintiffs

Originally posted by operations
1. Hardship ALWAYS makes the courts more likely to be sympathetic. "Hard cases make bad law" (for INS),
Click to expand...

That is a very good point. If we argue about more than 540 days delay without any hardship on our part, courts may/may not take our side thinking that the delay is because of newly created security checks, but if we say that the candidates faced hardship, courts may become sympathetic.
 
Implicit Hardship


Let the USCIS take 540+ another 6 months or so but there should be a decision in the specified time period. The cases must be reached with some decision in the time period. This uncertainity in the time period gives more hardship for all candidates either genuine or not genuine.


Well the security checks only guaranteed for 30 day period if the case is not adjudicated in 30 day then the security checks needs to be done again and again...and again with multiple readjudications...

If USCIS is afraid to give the Green Card based on the security reason then Let them kick all of us out of this country. It is rediculous that the USCIS having an immigrant at the top still does not understand the mental problem and hardship faced by the waiters which are both explict and implicit.

Due to this delays we have to keep polishing/malish our employers,atternoys,work more and more for the company just to keep our job little bit more time even we have to request our spouce to have patience.Though there are no rules to not buy a house or not to plan for kids here but without the GC if we are going for these we have to face lots of problems in the very near future (may be for some its not a problem).

Lots of waiters already crossed 30+, by the time they got GC(if the present delay trend continues) they will become 40+ then having GC or no GC is equal.


So the base line is there should be a decsion/response in the stipulated time period, so that we can have some plan for our future either we stay or go back.


For all those respected visitors who may be Senetors/Congressman/AILA/immi Atternoys and Judges, Sir/Madam we are human beings just like you(may be our skin and face looks bit different) and we are/were required and requested by the Great US Companies to work for them, filed our papers for green cards, that was a part of their promise. Now the present Delays are Criminal and Growing Cancer for us, this is implicit but true.We may not able to show you the wounds and the hardship due to this delays and uncertainity but this can only be realised.


thanks
Sg
 
Last edited by a moderator:
You must log in or register to reply here.
Top