*******Here is What Happened at the 3 June Hearing*****

unitednations said:
I believe their reasoning behind this is that only one person will be approving 140/485 (fuji memo) and since they are going to process it faster then no need for EAD and/or AP. This will cause a shifting of iio resources to the old 485 cases since the new ones will need less work done on them.
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For Pilot cases esp in CSC, they would still go ahead and approve EAD/AP(if applied), before adjudicating the I-485.
Those who are not in a hurry would not want EAD/AP, and also many would demand back their money they paid for EAD/AP. Lot of politics here...
 
How about I140 delays?

dsatish said:
Hi Guys,
I have prepared a draft letter to be sent to congress men , complaining about certain issues related to I485 processing. Please review it at the following link and give your feedback.

http://boards.immigrationportal.com/showthread.php?p=826393#post826393
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In CSC the I-140 dates have not moved at all for past 4 to 5 months and the
current delay is 15 months as per their message. This basically takes away the
ability to use AC21.

Is any complaint / mention being planned?
 
as USCIS processes the new cases...

as USCIS processes and approves the new cases, will there be a shortage of VISA numbers, such that they cannot approve the old cases (till the numbers become available in the following year)? thanks.
 
askgc said:
In CSC the I-140 dates have not moved at all for past 4 to 5 months and the
current delay is 15 months as per their message. This basically takes away the
ability to use AC21.

Is any complaint / mention being planned?
Click to expand...

I agree that we need to address the I140 issue. Let's ask that I140 should be adjudicated in 6months. One problem in adding this point in the current letter is that it deviates from the subject line. The letter is intended to address the I485 delays. Perhaps we can start a Fax campaign for the I140 issue. We will take it up once we are done with this letter.
 
delay in I-140

I am sure there may be many similar cases like mine. As I-140 is taking more than 15 months and also CSE is not moving on these cases, AC21 has become just a dream. me and my wife both got EAD and are working but my company is not doing well and my job is not secure. my I-140 was filed oct 03
and has not yet approved. I don't know what will happen if i loose my job before getting I-140 approval. and what will happen to my wife's job.

this is never ending stress...I hope INS will understand this pain one day.
 
quick question

I am not very much in the loop on the case discussions

Can somebody pls tell me (briefly) whether the discovery phase is over and about the forthcomings steps planned by MR RK in the case against USCIS

Thanks
 
ny178 said:
I am sure there may be many similar cases like mine. As I-140 is taking more than 15 months and also CSE is not moving on these cases, AC21 has become just a dream. me and my wife both got EAD and are working but my company is not doing well and my job is not secure. my I-140 was filed oct 03
and has not yet approved. I don't know what will happen if i loose my job before getting I-140 approval. and what will happen to my wife's job.

this is never ending stress...I hope INS will understand this pain one day.
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I'm sailing in the same boat, though plenty of opportunities around, employers who wants to hire me desparately around simply put "I CAN'T BE HIRED". I have lost 35K lost year and I'm now travelling leaving my family back home just becuase my I-140 is pending since 03/10/2003 in TSC, no response for enquiry at all since Feb, 2004. I can't change my job or work for any other employer, though my employer can't find job for me for employer in efficiency or tough market(for employer , not for employee). Now AC21 is not any more an option for Permanent residency applicant and its just dream...

Why should an applicant suffer for the mistakes of USCIS officers, stupid policies and procedures, buerocracy ??

Is there any end to this suffering? If so, when ?
 
lcaNY said:
Follow this link to Rajiv's plan:
http://www.immigrationportal.com/showpost.php?p=818477&postcount=59
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Hello Rajiv,

Thanks alot for the work that you are doing for all of us .

Can you ask the layours or persons in the next meeting about labour state too or you are only allowed to talk about 140 and 485.

I will explain you my case and I know somany people who are suffering the same.

After working for two years for my company in US when I am about to leave the company they offered to process the GC. Even though my employer is taking more than half of my hourly rate I prefered to not to leave the company till I get my 140 because the company is well establised and I thought that there won't be any problems in the process(like finantial status of the company etc).

They offerd to apply for GC in jan 2002 they delayed the process as much as possible and finally they appiled in june 2002 from virginia.But even in june 2002 when I calculated the processing times(Acoording to the processing times then State=Virginia,Federal=Phili,140/485 from vermont) by the Sep/October of 2004 or atleast by the end of 2004 I thought that I will have my 140 and I can change employers then.

But where am I now. My Labour is transfered from state to Federal(PHILI) in march 2004 and in PHILI the back log is used to be there months but now it is stuck in june/july 2003 from past 8 months.I don't know when my labour gets approved and when I can get my 140 and when I can move from this company.

Can those layers or persons imagine how it feels some one is taking more than half of the salary and you cannot do anything and have to stuck with the same company for years and years because of the delayes in this stupid system.

According to current processing times by the time that they process my 140 my 6 years will be complted and what happens if they denay the case then.I have to leave this country.I spent a lot of sleepless nights thinking about all these things.I am frustrated and I am angry but I cannot do anything but to hope and pray that the processing speed will increase.

I think story will be the same for thousands and thousands of leegal employment based immigrants becuse I personally know hundrads who are suffering the same.

Why I or any individual have to suffer like this ?
 
I understand, but...

Satvika said:
Hello Rajiv,

Thanks alot for the work that you are doing for all of us .

Can you ask the layours or persons in the next meeting about labour state too or you are only allowed to talk about 140 and 485.

I will explain you my case and I know somany people who are suffering the same.

After working for two years for my company in US when I am about to leave the company they offered to process the GC. Even though my employer is taking more than half of my hourly rate I prefered to not to leave the company till I get my 140 because the company is well establised and I thought that there won't be any problems in the process(like finantial status of the company etc).

They offerd to apply for GC in jan 2002 they delayed the process as much as possible and finally they appiled in june 2002 from virginia.But even in june 2002 when I calculated the processing times(Acoording to the processing times then State=Virginia,Federal=Phili,140/485 from vermont) by the Sep/October of 2004 or atleast by the end of 2004 I thought that I will have my 140 and I can change employers then.

But where am I now. My Labour is transfered from state to Federal(PHILI) in march 2004 and in PHILI the back log is used to be there months but now it is stuck in june/july 2003 from past 8 months.I don't know when my labour gets approved and when I can get my 140 and when I can move from this company.

Can those layers or persons imagine how it feels some one is taking more than half of the salary and you cannot do anything and have to stuck with the same company for years and years because of the delayes in this stupid system.

According to current processing times by the time that they process my 140 my 6 years will be complted and what happens if they denay the case then.I have to leave this country.I spent a lot of sleepless nights thinking about all these things.I am frustrated and I am angry but I cannot do anything but to hope and pray that the processing speed will increase.

I think story will be the same for thousands and thousands of leegal employment based immigrants becuse I personally know hundrads who are suffering the same.

Why I or any individual have to suffer like this ?
Click to expand...



Labor certs are an issue separate from our litigation, which deals only with the delays in EB I-485 cases.
 
Can we find out in the questioning of USCIS if the different EB types (EB-1,2 and 3) really have seperate processing criteria in the 485 stage, as was claimed by them?
 
Any Updates on this Process?

Dear Mr. Rajiv Khanna,

As always I cannot thank you anough for all your efforts. I was wondering if you have any updates in terms of the Hearing follow up.

Were you able to meet with the USCIS official and get some of the information you were willing to obtain?

Do we have some light in terms of the USCIS internal procedures?

When is the next hearing in court suppose to take place?

Thanks in advance for your response.

Elnegro
 
Here is the update

Elnegro said:
Dear Mr. Rajiv Khanna,

As always I cannot thank you anough for all your efforts. I was wondering if you have any updates in terms of the Hearing follow up.

Were you able to meet with the USCIS official and get some of the information you were willing to obtain?

Do we have some light in terms of the USCIS internal procedures?

When is the next hearing in court suppose to take place?

Thanks in advance for your response.

Elnegro
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We have served the govt. with a Notice of Deposition, Copy attached. They have some objections, they have said. But chances are the deposition will go forward on 14th July.

Regards.
 
operations said:
We have served the govt. with a Notice of Deposition, Copy attached. They have some objections, they have said. But chances are the deposition will go forward on 14th July.

Regards.
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Thanks so much Mr. Khanna. We will be so much looking forward to the deposition and to the information you will be able to obtain.
Elnegro
 
Dirty Laundary

The deposition document looks solid.

It reminds me of the audits that happen in any company, where we show all our procedures to the Auditors (internal, external, federal auditors).
But the only way, an Auditor finds missing procedures, incorrect procedures and unfollowed procedures is by correlating the procedures with facts(log records of activities done).

IMHO, we should ask the deponent to specify the procedure, and for each procedure, correlate how they applied to the 6 plaintiffs in our case, and 6 more that we should select for Dec 2002, who have been approved, and 6 more in Feb 2002, who have been not yet been approved.
To make this googly more effective, we should ensure that the cases we select are all EB-3, in the same job category ( Say DBA), for a mid-size company.
Preferably select all candidates from same country, say China/India, and preferably in the same age group, same married status.

Skeletons will come out tumbling from BCIS closets.
 
Deposition document looks good. How far CIS will co-operate is to be seen. Is this depostion open for public ?
 
operations said:
We have served the govt. with a Notice of Deposition, Copy attached. They have some objections, they have said. But chances are the deposition will go forward on 14th July.

Regards.
Click to expand...

Thanks Mr.Khanna and we really appreciate your efforts!

It would be great if we could resolve and achieve our original objectives pertaining to I-485.

And I am also sure that a lot of us are interested in "13. CIS rule-making procedures and policies with particular reference to American Competitiveness in the Twenty-first Century Act of 2000 (AC21);"
- Considering the fact that the 140 process is taking more time nowadays, it would be nice if we could get the INS to rule AC-21 in our favor.
Atleast in my book, it's the second best thing to a GC and will grant us immediate relief in the short term (atleast in terms of blood pressure)... and not to mention financial independence to a lot of confined folks!

Good Luck and I wish you all the best!
 
operations said:
We have served the govt. with a Notice of Deposition, Copy attached. They have some objections, they have said. But chances are the deposition will go forward on 14th July.

Regards.
Click to expand...


Could some one explain the objections they have about the deposition?I hope they are not looking for an opportunity to delay this process.
 
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