This is indeed another interesting statement from USCIS!! I feel that we can easily counter them.
1. We need to provide example cases which are filed before the cases that USCIS quoted as approved cases and are still pending for adjucation to prove that USCIS indeed process applications out of order in a totally random manner.
2. A person having H1-B or other traval visa need not file EAD/AP. This may be indeed correct in some sense. But USCIS can't deny legal right of such applicants to file EAD/AP.
And there are several reasons why applicant choose to apply for an EAD or AP despite of other work visa status( ex: what if H4 people want to work- ).
a. One of the main reasons people apply for AP is to avoid I-485 invalidation incase of expiration of H1-B when they are outside the country. (Also how many port of entry officers know that dual status can be mainted??)
b.Some companies have policies such as they no longer extend the employee on H1 petition once they file I-485. My company has this policy. They no more extend the H1 once I-485 is filed.
--We also need to provide some example cases with multiple EAD/AP fillings and cases like unable to work because of the delayed EAD & I-EAD adjucation. This is purely substantiate the case to the Judge. ( We all know that most of us belong to this category).
3. Also I don't see how an I-485 applicant with unapproved I-140 has different legal standing than the approved I-140 applicant. All I-485 applicants have same legal standing as long as there applications are proper whether the I-140 is approved or not.
From the fact that concurrent filling is allowed - I-140 approval is no more a prerequisite to file I-485. Its is only one of the steps for I-485 approval like security clearance etc. Its is USCIS job to process I-140 and assign visa for approved I-140 cases as part of the I-485 processing ( rather than holding down I-140 processing and questioning applicant's legal right!!)
Finally, Rajiv is doing great community service and we all owe him a lot.
Thx.
Originally posted by mustbepatient
I find the following line in their response as very interesting:
"USCIS will adjudicate plaintiffs applications - after the numerous other class members' applications in line ahead of them are adjudicated first."
Aren't all their new programs doing the exact opposite -- processing people at the front of the line first?
Victory is in sight. It is a very weakly put piece. First arrogance and now almost crying.