I-140 Backlog Campains

Can we include discussion for random processing of 140 applications at VSC also? They are claiming that they are processing cases filed in April 2004 whereas half the cases filed in Nov and Dec 2003 are still pending.
 
Yes

hrithikroshan11 said:
Can we include discussion for random processing of 140 applications at VSC also? They are claiming that they are processing cases filed in April 2004 whereas half the cases filed in Nov and Dec 2003 are still pending.
Click to expand...

Sure, can you give me more information? If you can provide me a paragraph I
can put it into the doc I will prepare. Actually this time I am planning to write
basically about AC 21 law (rather than processing delays, I will make it a small
part of it due to which we are facing problems) and how we are suffering due to
concurrent adjudication memo, pilot programs.

Also guys give me inputs on how VSC, TSC, NSC are doing (processing ...)so
that we can make some generic doc and we can go ahead from there. I am
not seeing enough participation in CSC, may be its time to make it nationwide
so that we will be heard (and listened too).
 
askgc said:
Sure, can you give me more information? If you can provide me a paragraph I
can put it into the doc I will prepare. Actually this time I am planning to write
basically about AC 21 law (rather than processing delays, I will make it a small
part of it due to which we are facing problems) and how we are suffering due to
concurrent adjudication memo, pilot programs.

Also guys give me inputs on how VSC, TSC, NSC are doing (processing ...)so
that we can make some generic doc and we can go ahead from there. I am
not seeing enough participation in CSC, may be its time to make it nationwide
so that we will be heard (and listened too).
Click to expand...
 
Title: Inconsistencies in processing of EB3 I-140 applications at VSC

Dear Mr. Eduardo Aguirre,

We are writing to you regarding the unreasonable inconsistencies in adjudication of the Employment-Based I-140 cases at the Vermont Service Center (VSC) of the USCIS. According to VSC’s progress report, is adjudicating the I-140 cases (EB3) filed in April 2004. This is despite the fact that approximately 50% of the cases filed in prior months (some as early as August 2003) are still pending. Congress has expressed repeatedly that the reasonable adjudication period is 6 months for immigration cases.

It is very frustrating to see approvals happening for some cases filed as late as April and May 2004, even though cases filed several months prior to the current processing date have not even been touched in the last 6 months.

If for some reason, the candidate loses the job during this period, which in the current economic situation is quite likely, his/her green card processing stops, leaving no option to fallback on AC-21 provisions. The caveat here is, USCIS interpretation, that candidates could change jobs only if their I-140 petition is approved and I-485 petition is pending for over 180 days.

In summary, we would like to request your help to 1) contact the VSC of the USCIS and express frustrations with the I-140 processing inconsistencies; 2) Inquire how many cases filed prior to their current processing date of April 2004 are still pending, their percentage and the reason they are still pending 3) expand USCIS interpretation of AC 21 to include I140 which has been pending more than 180 days. and 4) request Mr. Don Neufeld to move some reasonable number of adjudicators from other operational units to the I-140 unit.


Sincerely,
 
Reminder: Mike Honda (D CA 15) Santa Clara Town Hall Meeting Today !!

Mike Honda (D CA 15)
Santa Clara Town Hall
Santa Clara Senior Center
Monday, August 23rd
6:30-7:30 pm
1303 Fremont St.
Santa Clara, CA 95050

kashmir said:
I plan to attend:
Santa Clara Town Hall
Santa Clara Senior Center
Monday, August 23rd
6:30-7:30 pm
1303 Fremont St.
Santa Clara, CA 95050

But, I have a regular business meeting every Monday evening, so I cannot guarantee.
Otherwise, I will attend one on Wednesday or Friday.

> Our campaign doesn't seem to have an impact YET!

It has just started and only a few Congressional members started working.
It needs a little bit more time.

But we have not seen any post reporting a participation in the fax/e-mail campaign recently.
At least 50 people should participate in the campaign,
and hundreds of letters should be sent to Congressional offices.
Also, a dozen of people should visit their representative's district office.
I believe the current participations from this I-140 CSC forum is not enough.
Click to expand...
 
response from Senator Dianne Feinstein's office

Hi all,

I got the (generic) response from Senator Dianne Feinstein's office. She introduced the legislation for USCIS "to issue a report to Congress on the extent of the immigration and naturalization backlogs and the adequacy of the agency's automated systems to manage and reduce its pending workload". However, "BCIS has not issued an update to its efforts to reduce processing delays".
 
Draft for MH townhall meeting (generic one)

ImmigrationPortal.Com
5225 N. Wilson Blvd, Arlington VA 22205

Re: Public Law 106-313, Section 106 (j) relief removed due to USCIS interpretation.

Dear Congressman Michael Honda,

First of all we want to thank you for your support to the legal immigrants, who are contributing a lot to the economy of the United States, by co-sponsoring the HRES 384 IH and joining members of Congress to Address Immigration Petition Backlog. We are very happy to say that due to efforts of you and fellow congresspersons there has been enormous improvement in USCIS processing for I-485, Adjustment of Status cases.

We are writing to you regarding the USCIS memo dated May 04 2004, which invalidates the relief given by PL 106-313 (AC 21 Law) and unreasonable delays, process in adjudication of the Employment-Based I-140 cases.

As per new USCIS memo of concurrent filing for I-140 and I-485, the cases will be adjudicated concurrently. if I-140 is filed concurrently with I-485 then I-140 will not be processed till the I-485 is ready to be adjudicated. Also note that USCIS interpretation of AC 21 law is that employees cannot use AC 21 law until I-140 is adjudicated. Since I-485 is taking anywhere between 24 - 36 months to process in most of the service centers, not adjudicating I-140 before hand will not allow employees to use AC 21 law, Section 106 (j) which gave job flexibility to the employees.


According to CSC’s progress report, CSC is adjudicating the I-140 cases filed before July 2003. Also USCIS has not shown any progress for some of the I-140 cases since August 2003. According to VSC’s progress report, VSC is adjudicating the I-140 cases (EB3) filed in April 2004. This is despite the fact that approximately 50% of the cases filed in prior months (some as early as August 2003) are still pending.

In almost all Service Centers it is very frustrating to see approvals happening for some cases filed as late as April, May, June and even July 2004, even though cases filed several months prior to the current processing date have not even been touched in the last 6 months.

Even though the USCIS is a government agency, it should never be above the law. Thus, we as immigration portal community request you to enforce legislations passed by members of the Congress and hold the USCIS to higher standards of service. As a member of congress we believe you will take appropriate actions. We request you to raise this problem with congress, USCIS and provide us the employee’s relief by allowing us to change jobs after 180 days has passed by after filing I-140 and I-1485 concurrently, irrespective of I-140 status. It will provide a required relief to a lot of people who have been waiting so long for their approval.

In summary, we would like to request your help to 1) correct the USCIS to give relief granted in AC 21 law; 2) contact the USCIS and express frustrations with the I-140 processing; and 3) request Mr. Aguirre to move some reasonable number of adjudicators to I-140 unit from other units such as I-485 where there has been significant improvement recently.

Sincerely,


Name
I-140 Case #
Address
E-Mail: -
 
Alternative one to fit in 1 page.

ImmigrationPortal.Com
5225 N. Wilson Blvd, Arlington VA 22205

Re: Public Law 106-313, Section 106 (j) relief removed by USCIS.

Dear Congressman Michael Honda,

First of all we want to thank you for your support to the legal immigrants, who are contributing a lot to the economy of the United States, by co-sponsoring the HRES 384 IH and joining members of Congress to Address Immigration Petition Backlog. We are very happy to say that due to efforts of you and fellow congresspersons there has been enormous improvement in USCIS processing for I-485, Adjustment of Status cases. We are writing to you regarding the USCIS memo dated May 04 2004, which invalidates the relief given by PL 106-313 (AC 21 Law) and unreasonable delays, process in adjudication of the EB I-140 cases.

As per new USCIS memo of concurrent filing for I-140 and I-485, the cases will be adjudicated concurrently. if I-140 is filed concurrently with I-485 then I-140 will not be processed till the I-485 is ready to be adjudicated. Also note that USCIS interpretation of AC 21 law is that employees cannot use AC 21 law until I-140 is adjudicated. Since I-485 is taking anywhere between 24 - 36 months to process in most of the service centers, not adjudicating I-140 before will not allow employees to use AC 21 law, Section 106 (j) which gave job flexibility to the employees.

According to CSC’s progress report, CSC is adjudicating the I-140 cases filed before July 2003. Also USCIS has not shown any progress for some of the I-140 cases since August 2003. According to VSC’s progress report, VSC is adjudicating the I-140 cases (EB3) filed in April 2004. This is despite the fact that approximately 50% of the cases filed in prior months (some as early as August 2003) are still pending. In almost all Service Centers it is very frustrating to see approvals happening for some cases filed as late as April, through July 2004, even though cases filed several months prior to the current processing date are still pending.

Thus, we as immigration portal community request you to enforce legislations passed by members of the Congress. As a member of congress we believe you will take appropriate actions. We request you to raise this problem with congress, USCIS and provide us the employee’s relief by allowing us to change jobs after 180 days has passed by after filing I-140 and I-1485 concurrently, irrespective of I-140 status. It will provide a required relief to a lot of people who have been waiting without hope.

In summary, we would like to request your help to 1) correct the USCIS to give relief granted in AC 21 law; 2) contact the USCIS and express frustrations with the I-140 processing; and 3) request Mr. Aguirre to allocate some reasonable number of adjudicators to I-140 unit.

Sincerely,

Name
i-140 case #
Address
E-mail: -
 
important note

When you guys modify this one to fit your needs update the first paragraph
to include specifics about the person whom you are addressing. In my opinion
it is always better to start a draft with praising the persons involvement.

To be little specific I have gone through the site of Mr. Michael Honda and found
what he is supporting and what he is doing to people like us? I have included
that in first paragraph.

Any feedback welcome.
 
Please come for the meeting

Hi guys,

No matter which district you are in, it is no harm in coming and attending the meeting if you can. I am bringing few printouts without any name, case# and address details so that you guys can write and fill then and there.

Please make it to the event. I have got good reception from MH office in my last visit. Lets work together and help ourself.
 
Got an e-mail reply from Congresswoman Lofgren's office

Got an e-mail reply which stated that "She is very concerned with the tremendous backlog of all types of applications" and recommend me to contact Congressman Dreier's office. I replied to the e-mail with asking Congresswoman Lofgren to ask USCIS to reinterpret AC21 so that the candidate is allowed to use AC21 i.e. change jobs after 180 days has passed by after filing I-140 and I-485 concurrently, irrespective of I-140 status.

Visited CA District 26 David Dreier's office.
 
Spoke with Congressman Michael Honda (CA 15)

I have attended the town hall meeting alone from I-140 forum.
Kashmir as expected was present and there were couple of people
from immgrationportal fighting for spouse joining GC holders (HR 3701).

I have met Mr Jeff of MH team who took privacy release form from me
in my last visit to their office. He said the he has not heard anything from
USICS regarding the fax they made to USCIS. I have given the docuemnt to
the representative of Congressman.

MySelf and Kashmir waited to meet congrressman after the townhall
meeting. MH is very knowldegable and he himself said oh this is
about AC 21 portability. He asked me question saying that how can they
(USCIS)do that (override a law with memo)? then he himself said that is what
you are requesting me to look into. He said will definitely follow up with
USCIS.

Later we have given another copy to one another staff of MH as he pointed
and told that we spoke with congressman. She also pointed us to Bernardette
Arellano, who is the immigration policy person in MH team. We spoke with her
and she said that they will write to USCIS team asking to explain about the
whole stuff. She said she will take me as point of contact for immigrationportal.com representation and took my details and another copy of the same document.

Finally I was told I will hear from them as soon as they hear from USCIS.
Hope this helps. Thanks a lot kashmir. I felt very good after the whole event.
 
Great

Want_AP said:
Got an e-mail reply which stated that "She is very concerned with the tremendous backlog of all types of applications" and recommend me to contact Congressman Dreier's office. I replied to the e-mail with asking Congresswoman Lofgren to ask USCIS to reinterpret AC21 so that the candidate is allowed to use AC21 i.e. change jobs after 180 days has passed by after filing I-140 and I-485 concurrently, irrespective of I-140 status.

Visited CA District 26 David Dreier's office.
Click to expand...
Way to go. Lets keep working till we see some difference.
 
askgc,

I appreciate what you did for I-140 sufferers a lot. However, I'm a non-concurrent filer and I don't have any advantages of AC21. Besides, even if I-140 is portable before approval for concurrent filers, taking an unapproved I-140 along doesn't give applicants too much relief.

Don't get me wrong, I totally agree that USCIS should follow the law and make AC21 portability available. But in the mean time, I think we should focus on the unreasonable backlog in CSC I-140 process and random process as well. As we all aware, CSC has frozen I-140 process for a year and the so called pilot program just damaged old filer's right and is against the fairness. We certainly don't want to see USCIS makes I-140 protable b4 approval but takes forever to approve the I-140. We don't want to give them any excuse to slow down I-140 process. Waiting I-140 approval for more than a year makes our life miserable and uncertain. I think unreasonable delay and randam process of I-140 are crucial and we can all get real relief only if our I-140s are approved.

Just my 2 cents.
 
I agree

needluck4GC said:
askgc,

I appreciate what you did for I-140 sufferers a lot. However, I'm a non-concurrent filer and I don't have any advantages of AC21. Besides, even if I-140 is portable before approval for concurrent filers, taking an unapproved I-140 along doesn't give applicants too much relief.

Don't get me wrong, I totally agree that USCIS should follow the law and make AC21 portability available. But in the mean time, I think we should focus on the unreasonable backlog in CSC I-140 process and random process as well. As we all aware, CSC has frozen I-140 process for a year and the so called pilot program just damaged old filer's right and is against the fairness. We certainly don't want to see USCIS makes I-140 protable b4 approval but takes forever to approve the I-140. We don't want to give them any excuse to slow down I-140 process. Waiting I-140 approval for more than a year makes our life miserable and uncertain. I think unreasonable delay and randam process of I-140 are crucial and we can all get real relief only if our I-140s are approved.

Just my 2 cents.
Click to expand...

I agree with you in the sense that it should not be an excuse for delays in
I-140 but my problem is this way. The moment I started talking about backlog
they said we cannot do anything, they have also said we (MH office) cannot
get to enquire as you have lawsuit against USCIS.

I had to switch gears to go with law, the moment I said law they said you
can sign the privacy release form and they started enquiry with USCIS.
Hey by the way MH office initially faxed the very first doc we gave them then
the subject is backlog and also two points are about backlog and one is about
AC 21...

Yesterday they said they will get it in writing from USCIS regarding the
AC 21 law. Yesterday also they started of initially again saying you have a
law suit and we cannot enquire about the delays ... I had to cut them short
saying I agree regarding backlogs and took them into the AC 21 law. Again
the doc I have submitted has the mention about delays, random processing
too.

Finally I will support you in any steps you will take regarding backlog
reduction. Dont get me wrong. :)
 
askgc,

Thanks for the explaination. I didn't know there was so much going on when you bring up this issuse to the congressman. Thanks again for all your effort. Btw, did we have lawsuit against USCIS regarding the backlog already? Did I miss something?
 
New OR Old employer will response to 140 RFE??????????? after new AC21.
There r many issues will arise, So USCIS should consider those all

Thanks,
rb180
 
Correction.

needluck4GC said:
askgc,

Thanks for the explaination. I didn't know there was so much going on when you bring up this issuse to the congressman. Thanks again for all your effort. Btw, did we have lawsuit against USCIS regarding the backlog already? Did I miss something?
Click to expand...

Actually first time when we (self and gc369) went to MH office they said
they are already working with USCIS about backlogs along with Congresswoman ZL (CA 16), Congresswoman AE(CA 14).

I got the same doubts about the lawsuit when Bernardette said that there
is lawsuit. I guess they might be refering to our lawsuit on I-485 backlog.
This is where it helps if there are more people then they can ask such
questions.

Bottom line I am planning anyway to attend one more townhall meeting on
this friday (6:30 - 7:30PM). Can you and/or somebody else join me? May
be you can modify/prepare the doc to address backlog and I agree it is
benificial to everybody. We should explain saying lawsuit is on 485 and not
140 may be (or) check with them saying is there any other 140 backlog suit.

By the way I was alone from the 140 forum and if more people come
then it makes difference. Please understand that we (immigrationportal.com)
already have recognition. Also lot of people from immigrationportal who got
green cards like (kashmir,140, dm, ... etc) are also coming for this townhall
meeting. Details of townhall meeting are below.

Cupertino Town Hall
Cupertino City Council Chambers
Friday, August 27
6:30-7:30 pm
10300 Torre Avenue
Cupertino, CA 95014-3232

By the way I am not very happy with the support / motivation from 140
forum. We need to follow up and do more. Unless we go meet our representatives, attend town halls and keep on sending one or the other
mail / fax nothing is going to happen. I have participated in 485 forum before
and the conditions back then were very bad. Will you believe me if I say I got
all the times from congressman MH earlier saying I will work for only citizens
from my CA 15 ... when I was writing about 485 delays. I thought I will try
again by going to his office. Things are changed and I got very good
reception at his office. This change is because of the amount of pressure 485
forum has put, this year is election year. If we cannot get the
representatives now moving then we cannot get anything any time.

Also AE (CA 14) worked very extensively for 485 as Kashmir went on meeting
her her at townhalls and office. She remembered him and called him by his
name and answered his questions in one of the townhall meetings during
last december I guess. This is the reason whorl1quote got a good reply from
AE (CA 14). As I was mentioning earler goto your representative's website
find what they are doing for us, praise them and go requesting either it is for
commuinty or personal.

Going back following up with congress people help? Yes ablsoutely, we have
seen in CSC 485 processing. I am not saying only due to this, there is pressure from all sides, meaning Rajiv thru lawsuit also. To give very specific
example congressperson Linda Sanchez made his Service Center approve GCs
faster by putting pressure on their Service Center. Few people here
participate here but dont post it, so how will others know / get encouraged? I
was doing sometimes initally but then I changed.

Hope this helps.
 
Askgc, I agree with you that I've felt low participation from the forum here. If we don't even show enough concerns to the congressmen and womean, how are we going to expect those busy men to fight for us.

I missed last Tuesday's town hall meeting, but I will try one more time to go to the Cupertino one on Friday.
 
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