My conversation with USCIS Lawyer

Update: I have asked the govt's counsel

Today I talked to the govt counsel and asked him what did they want from us exactly:

1. a detailed settlement proposal, or

2. Outline of our greivances with possible solutions, etc.......

I told them I have enough data from our community. I can draft what they want. But it may be better to just sit and talk ASAP. So I can get a sense of what the govt. is willing to do. He is calling his clients to figure out the details, and if they want to talk. He can promise nothing

In the meantime, we are continuing the work on the litigation. Settlement talks mean nothing. Until something is agreed upon in writing, the lawsuit goes on.
 
Re: Thank you Rajiv for doing all this!!!

Originally posted by Kanadian
I don’t want to write things which already mentioned here...I just want to say one thing, if I can sleep well and get rid of all the problems by paying fast processing fee which could be between 1000 to 5000 dollars, I don’t mind to pay.

if Rajiv convince BCIS to start fast processing for 140 and/or 485 by paying 1000 or 2000 or whatever amount they want then I think we all are going to say Yahooooo... folks agree or disagree?????
Click to expand...

I totally agree with u. I know so many people including myself willing to pay $5000 or more for fater processing.With that premiam processing money they may even remove backlogs completly.
 
485 litigation petition

I applied for 140/485 with a receipt date of Dec 15th 2003. Am I eligible to sign up for the 485 litigation petition on Immigration.com website?

Or is it only for people with notice date in 2001/2002?

Pls advise sir
 
Re: 485 litigation petition

Originally posted by njguy007
I applied for 140/485 with a receipt date of Dec 15th 2003. Am I eligible to sign up for the 485 litigation petition on Immigration.com website?

Or is it only for people with notice date in 2001/2002?

Pls advise sir
Click to expand...

ANYONE who has an employment based 485 pending (and their spouse) can sign. So you can sign. Thanks.
 
EAD Refund

I agree with all that being said above and want to add one more concern: if the annual renewal of the EAD is really illegal (as suggested in the litigation), the BCIS should refund all the $120 they have charged illegally. My wife and I have already paid this fee 4 times !!

Thanks Rajiv, you're doing a great job.

Tom
 
Re: EAD Refund

Originally posted by tomerbaz
I agree with all that being said above and want to add one more concern: if the annual renewal of the EAD is really illegal (as suggested in the litigation), the BCIS should refund all the $120 they have charged illegally. My wife and I have already paid this fee 4 times !!

Thanks Rajiv, you're doing a great job.

Tom
Click to expand...
Better not go there and make things even more complicated. I suspect one of the reasons for this huge backlog is CIS needs the revenue generated from repeated EAD/AP - if you think about it, how many EAD cases are filed because of 1 year delay of I-485 and how much filing fees would that be ... We should really focus on the removal of the pains these procedures bring us and if necessary we should be willing to pay more as a compromise.

BTW I do hope they'd try to do better in the election year. Anyone has any knowledge about the impact an election year might have on them?
 
Re: Re: morpheus12 sounds to me like a Goverment Lawyer

Morpheus,

Dude, whatever your smoking, it must be good.

I hope you guys mange to get rid of whichever oppressive dictator or regime is ruling your native country. Obviously growing up in an oppresive society has influenced your thinking.

Or are you just another ignorant rabble rouser who likes to gain credibility by dropping names and quoting the bible (so to speak).

<QUOTE>
I think people are starting to think like Americans and demand their 'constitutional rights', which is a consequence of living in this country and being influenced by American ideals.

Unfortunately to go from the right to life, liberty and pursuit of happiness to some of the suggestions put forward is quite a stretch. Some lawyers would even argue as non-citizens that we don't have the right to demand such changes. This article from MSN sums it up pretty well:
</QUOTE>
 
According to Americans own literature and history (specifically Boston Tea Party), Americans fought back against British primarily because they were taxed without representation.

We pay all taxes - federal taxes, state taxes and county taxes. Also, we pay medicare and social security which we cannot claim because we have high paying jobs and also because we carry medical insurance.

Let alone representation, dont we have a right to demand a judgement on a decision in a timely manner. (Please note, I am not saying a favourable decision, I am talking about some decision - favourable or otherwise).

Which other part of the government represents such inefficiency? Do you expect to tell a person seeking drivers license to apply for it, and that they would keep on enquiring about it for 6 years to give you a drivers license. The total procedure if done in an efficient manner should not take more than 1 hour for an individual.

Why are we told this? Because they think we have no rights. I dont think so! The constitution provides right to any individual to present his case to be heard. That is why a Judicial branch is there for!!
 
Immediate action needed

Rajiv,
thanks a lot for your great work !
BCIS probably think they are OK because they announced they increased the budget for backlog reduction. And that is certainly a step in the right direction; but we won't see the effects of that before aother couple of years, which will be too late for a number of us.
So, to settle, we need a solution that can be implemented in the next 3 to 6 months. i.e. IMMEDIATELY
If I had to give the one most important thing that is making me nuts, it is the fear of loosing my job, knowing I won't be able to find a same or similar job in the timeframe provided.

So the number 1 relief item for me would be to get rid of that same or similar job obligation after 6 months on I-485.
Like some proposed, BCIS should not issue any job related RFE after those 6 months (and it seems to me that could be implemented within the current legislative frame, as it could be an internal policy), and we should be free to change jobs, careers, go back to school, or anything else. My feeling is if they are not capable of keeping their part of the bargain by processing in a decent timeframe, why should we be obligated to stay with the same employer forever ?

And to facilitate the process, sending out anywhere between $1,000 and $5,000, whether for all pending cases, or just for the voluntary persons, should enable BCIS to hire I-485 reserved adjudicators immediately. I agree with some persons on this forum arguing that we should not have to give that additional money, but let's be practical, and let us remove that funding excuse from the BCIS case.

Everything else we talked about is good, like having a temporary GC, or extending the validity of the AP/EAD, or starting the citizenship clock after 6 months on AOS, but to me there are less important than the freedom of changing jobs after 6 months.

Thanks again for your effort !
 
Please correct me if I am wrong. But I am concerned about this
GC preminum process. It seems cool. How I wonder how USCIS can actually implement this. I believe most of us are willing to pay $1000 or more to see our cases processed within 6 months. So I believe most of us will switch to this premium processing, if there is such an option. Considering current backlog, I don't see how USCIS can do it.

As DOL starts (started) its backlog reduction progam and PERM probably will come out later this year, we may see many more 485 applications. How can USCIS promises that if we pay additional fees, our cases will be processed within a short timeframe? I hope they don't just keep sending us RFEs and reseting the clock.

Of course, if this really works, this can be their backlog reduction plan!
 
My comments

1) First off BCIS needs to be able to give a clear answer about the status of a case instead of reading what we could from the website.
2) "Same Job title" restriction has to be removed. To get a step further if a person had waited for more than a year then 485 adjudication should be made solely on the individuals good conduct in the country and "job requiremnt restriction" should be removed all together.
 
Re: EAD Refund

Originally posted by tomerbaz
I agree with all that being said above and want to add one more concern: if the annual renewal of the EAD is really illegal (as suggested in the litigation), the BCIS should refund all the $120 they have charged illegally. My wife and I have already paid this fee 4 times !!

Thanks Rajiv, you're doing a great job.

Tom
Click to expand...


That is a thought. I will think about it.
 
Re: Re: EAD Refund

Originally posted by PhillyJulyLC
Better not go there and make things even more complicated. I suspect one of the reasons for this huge backlog is CIS needs the revenue generated from repeated EAD/AP - if you think about it, how many EAD cases are filed because of 1 year delay of I-485 and how much filing fees would that be ... We should really focus on the removal of the pains these procedures bring us and if necessary we should be willing to pay more as a compromise.

BTW I do hope they'd try to do better in the election year. Anyone has any knowledge about the impact an election year might have on them?
Click to expand...


True. But certainly a good bargaining chip. We could amend the complaint and add a count like that. Although, since this was done prsuant to regs, it would take some work to make a case for refund.
 
Re: Immediate action needed

I am pretty sure that the job condition for EB2 and EB3 is the
main cause of concern for many people.
Indeed, there is no such thing as job security in
tech industry. What if one loses his job shortly
before the RFE arrives ? This will mean the end to 4-5 year long
dream of good life. I'm afraid the requirement to remove the
job condiition after 180 days is not acceptable for USCIS. It will
contradict the law base on which the EB GC is granted.
Rajiv, am I right ?
 
Note to Mr. Khanna

Dear Mr. Khanna,

Clarity of purpose is very important. I am waiting for last 16 months on I485 stage. So it is critical to address the main issue here: I-485 backlog.

No action such as indefinite AP/EAD solves this problem. So a bargaining with the USCIS is tantamount to giving up our goal and focus.

Please stay firm on your stand - there are over FIFTY THOUSAND people in this forum waiting for adjudication of their I-485 application. Their lives, careers, future plans, investments are all at stake.

If we lose after a strong fight, so be it. But it will stay in the history that a group of people fought for their rights. We must fight, especially if the cause that made us start the fight is still there. Let the Supreme Court tell us that our cause and complaint is not just...

You can always negotiate and settle once the heat is up after a few rounds of litigation... if you want to negotiate.

However, IMHO, this is not the time to negotiate... we should press on with our charges. Let the USCIS justify why they have not allocated resources to I-485, in a manner that proves logical. What is logic behind putting more resources behind other green card processes (religious workers for example), just because there is a Sunset Law on it? LEt them be forced to put more resources on I-485.

Let us move forward with clear focus and goal in our mind.

Kind regards,
smisra
 
Re: Note to Mr. Khanna

Originally posted by smisra
Dear Mr. Khanna,

Clarity of purpose is very important. I am waiting for last 16 months on I485 stage. So it is critical to address the main issue here: I-485 backlog.

No action such as indefinite AP/EAD solves this problem. So a bargaining with the USCIS is tantamount to giving up our goal and focus.

Please stay firm on your stand - there are over FIFTY THOUSAND people in this forum waiting for adjudication of their I-485 application. Their lives, careers, future plans, investments are all at stake.

If we lose after a strong fight, so be it. But it will stay in the history that a group of people fought for their rights. We must fight, especially if the cause that made us start the fight is still there. Let the Supreme Court tell us that our cause and complaint is not just...

You can always negotiate and settle once the heat is up after a few rounds of litigation... if you want to negotiate.

However, IMHO, this is not the time to negotiate... we should press on with our charges. Let the USCIS justify why they have not allocated resources to I-485, in a manner that proves logical. What is logic behind putting more resources behind other green card processes (religious workers for example), just because there is a Sunset Law on it? LEt them be forced to put more resources on I-485.

Let us move forward with clear focus and goal in our mind.

Kind regards,
smisra
Click to expand...


Good points. But, negotiation does not mean settlement. In many ways, this is the best time to settle, before the case has been certified as a class (it is good for us too in some ways). The govt. has the most incentive to settle now. Lots of legal complexities. I want to listen to what the government has to say. If they propose to remove our suffering, I will bring the proposal back to you. Otherwise, we go on.
 
50,000 people

"Please stay firm on your stand - there are over FIFTY THOUSAND people in this forum waiting for adjudication of their I-485 application. Their lives, careers, future plans, investments are all at stake. "

----------
Please - All these 50,000 people......,

Sign the litigation support petition... We don't have enough signatures yet.

Rajiv needs that from all of us, to help make our case stronger.

More the number, more the pressure on Govt.
 
what if we can't get 1000 signatures...

as of now there only ~360 signatures (i can see some duplicates too). what if we can't get the req. signatures? can the court deny class action then?

also, sometime back i asked a question whether USCIS can just approve these ~400 petitions and then ask the case to be dismissed. will that work for them. thanks.

ps. if you haven't signed it already - SIGN IT.
 
You must log in or register to reply here.
Top