My conversation with USCIS Lawyer

If only about 360 people signed the petition, CIS will interpret that those 360 people are concerned about the backlog and others can wait for even decades , If you don't say that you have a problem it will be interpreted that only 360 people are not satisfied with the service provided by CIS and the remaining about 300 or 400 thousand EB based GC applicants out of 1.3 million GC applicants are happy. So 99.9999999999% of the applicants are happy and CIS is obligated to satisfy only the unhappy customers.
 
Re: Re: Re: Re: Re: Petition question

Originally posted by operations
Alien No. is not the receipt number. But it should be on your receipt. It begins with the letter A.

Date filed is the receipt date.

Dear Rajivji

I have a small suggestion

Pls post a LEGEND with the meanings of the terms on the petition like Alien No, Date !-485 was filed etc?

While browsing through the forum, I see a lot of people having confusion between ND and RD. I am sure many people would confuse EAD No with Alien No etc.

I dont know whether accuracy of the information is important in this petition. If it does, I suggest a legend could be added in the petition page at the bottom

Thanks
 
yep i agree with you...

so, if USCIS makes an offer that they will approve these 400 or so petitions in return for withdrawing the case, we should simply take it and walk away. if these 99.9999% ppl are satisfied (are they???) why should mr.rajiv khanna fight for them?

come on ppl, sign it already!!!


Originally posted by Edison
If only about 360 people signed the petition, CIS will interpret that those 360 people are concerned about the backlog and others can wait for even decades , If you don't say that you have a problem it will be interpreted that only 360 people are not satisfied with the service provided by CIS and the remaining about 300 or 400 thousand EB based GC applicants out of 1.3 million GC applicants are happy. So 99.9999999999% of the applicants are happy and CIS is obligated to satisfy only the unhappy customers.
 
Re: what if we can't get 1000 signatures...

Originally posted by tmc
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.


Oh no. The court will not deny class action on that ground.
 
Re: Re: Re: Re: Re: Re: Petition question

Originally posted by av35
Dear Rajivji

I have a small suggestion

Pls post a LEGEND with the meanings of the terms on the petition like Alien No, Date !-485 was filed etc?

While browsing through the forum, I see a lot of people having confusion between ND and RD. I am sure many people would confuse EAD No with Alien No etc.

I dont know whether accuracy of the information is important in this petition. If it does, I suggest a legend could be added in the petition page at the bottom

Thanks

OK. Will do.
 
RE: Communication B/W CIS & Rajiv

Just wondering how the communication is taking place between Rajiv and BCIS. Is it on the basis of as needed or ...is there any schedule already decided when they are going to meet? Or BCIS contacts Rajive whenever they want to talk....any idea folks?

Rajiv thanks for your great support to this community
 
Hi Rajiv
Great job. I am new member. My points are here

1.Security checks are recent additions to I 485 adjustments and i don't know whether it was made as a law to enforce it for I485 adjustments. here are my thoughts

1.a person may loose his GC anytime if he is preceived as a security threat to the nation - he may loose his GC after quite few years of receiving it, if he is a threat.
2. Let the INS make decision within 180 or 365 days pending security checks and issuse temp stamp on passport
3. Issuse original plastic card after all security clearance was made.This will remove all our sufferings.

By doing so INS need not to voilate any law.If the person is a threat to the nation - he can't get temp stamp extension and can't get plastic card. I hope this will be more secure than pending the case forever.
 
Re: RE: Communication B/W CIS & Rajiv

Originally posted by Kanadian
Just wondering how the communication is taking place between Rajiv and BCIS. Is it on the basis of as needed or ...is there any schedule already decided when they are going to meet? Or BCIS contacts Rajive whenever they want to talk....any idea folks?

Rajiv thanks for your great support to this community

No schedule. I just pick up the phone and the Justice Department counsel. He calls his contact in DHS/CIS.
 
Premium Processing

I am not in favour of premium processing. I am concerned that premium processing will only push those that pay, to the front of the line and do nothing to reduce the backlog. CIS needs to add more resources to eliminate the backlog. If CIS adds resources then those resources should be applied to the cases of applicants that have waited the longest.

I am in favour of everyone paying fees that represent the actual cost of processing the 485 application. If they want to hit all of us with a surcharge, that would be fine with me.

w8nc

RD 08/01
ND 11/01
 
Re: Premium Processing

Originally posted by w8nc
I am not in favour of premium processing. I am concerned that premium processing will only push those that pay, to the front of the line and do nothing to reduce the backlog. CIS needs to add more resources to eliminate the backlog. If CIS adds resources then those resources should be applied to the cases of applicants that have waited the longest.

I am in favour of everyone paying fees that represent the actual cost of processing the 485 application. If they want to hit all of us with a surcharge, that would be fine with me.

w8nc

RD 08/01
ND 11/01
Believe me even children can spare money from thier "Piggy Banks" if it could be EXPEDITED. It depends wheather money is critical or time. Apart from this, I am ready to volunteer my services for USCIS where I could be utilized to help them to get grid of backlogs. I know for sure it will save the future of my children.
 
1.Security checks are recent additions to I 485 adjustments and i don't know whether it was made as a law to enforce it for I485 adjustments. here are my thoughts

1.a person may loose his GC anytime if he is preceived as a security threat to the nation - he may loose his GC after quite few years of receiving it, if he is a threat.
2. Let the INS make decision within 180 or 365 days pending security checks and issuse temp stamp on passport
3. Issuse original plastic card after all security clearance was made.This will remove all our sufferings.

Agreed.

The security check is a black hole. right now it says it could take "indefinite" amount of time. does that make sense?

ALso when do they ask for the security check? are they based on the RD? or by what critiria?

if no feedback from other agency, what did CIS do? nothing? At least there should be priority. Cases with security check pending for certain time should be treated by high priority, CIS should ask the other agency to expeidte the check.

to wait "indefinite" is just wrong. As honyrk suggested, there is way to get ride of this "indefinite" waiting while not compromise the security.
 
Re: Re: Immediate action needed

Originally posted by sfbaguy1
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.

I140 approves you to become a permenant resident based on employment. I485 is adjustment of status to a permenant resident based on I140 approval. The employment requirement should be for I140. Once you had met the employment requirement for I40 and you got approved, employment should no longer be a requirement for adjustment of status. I don't know why they have I140 step if everything is approved in I485.

INS wastes its time and others time by having complicated procedures. They should change the whole immigration procedures.
 
I agree with removing all employment restrictions after 180 days of filing I-485, or more generally receiving all the rights and privileges of a legal permanent residence after that time period.

I would also support premium processing if there is a guarantee of adjudication in 2 months without RFE's and most importantly a guarantee in extra resources from the extra revenue generated to eliminate the I-485 backlog. If premium processing couldn't be implemented in the near future, say in less than 4 months from now, then it becomes less of a viable option.
 
HI Rajiv,

Thanks for your great work! We will return the favour in years to come!

I have one more issue which I think we should include in the needs for the community - to have them define what "same or similar job" means in AC21 portability.

Does "same or similar job" mean
- the job should have same or similar DOT code.
- allow individuals to progress in their careers. What I mean is we can change employers for same level job or get a promotion.
- allow individuals to be in any geographic location.
- Salary requirements?? I dont know whether this should be a requirement. Naturally, if salary doesnot make sense, why should some one work for it.

Currently, the GC process takes 5-6 years, mean while, the employee cannot accept higher salary or take a promotion. I feel like we should be allowed to take promotions or salary hikes without any kind of worries.

This is a just need, because they have no plans to come up with the defination 3 years after the passage of law.
 
Originally posted by rajeevnair32
HI Rajiv,

Thanks for your great work! We will return the favour in years to come!

I have one more issue which I think we should include in the needs for the community - to have them define what "same or similar job" means in AC21 portability.

Does "same or similar job" mean
- the job should have same or similar DOT code.
- allow individuals to progress in their careers. What I mean is we can change employers for same level job or get a promotion.
- allow individuals to be in any geographic location.
- Salary requirements?? I dont know whether this should be a requirement. Naturally, if salary doesnot make sense, why should some one work for it.

Currently, the GC process takes 5-6 years, mean while, the employee cannot accept higher salary or take a promotion. I feel like we should be allowed to take promotions or salary hikes without any kind of worries.

This is a just need, because they have no plans to come up with the defination 3 years after the passage of law.


Yes. I have this issue down.
 
Rajiv,

Can we mention BCIS that after a period, say one year since I485 has been filed, one is still elegible to be approved even if laid off because no one can guarantee not be laid off within such a long time for AOS, or find another position before RFE after liad off.

Thanks.
 
Originally posted by getit
Rajiv,

Can we mention BCIS that after a period, say one year since I485 has been filed, one is still elegible to be approved even if laid off because no one can guarantee not be laid off within such a long time for AOS, or find another position before RFE after liad off.

Thanks.


It may not be in their power to give.
 
Originally posted by getit
Rajiv,

Can we mention BCIS that after a period, say one year since I485 has been filed, one is still elegible to be approved even if laid off because no one can guarantee not be laid off within such a long time for AOS, or find another position before RFE after liad off.

Thanks.


Rajiv/Operations: It may not be in their power to give.

THEN the only way to go is Supper Fast Processing with a cost of 1000 to 5000 dollars and should be processed in a month or so.....

if everyone is willing to pay for it CIS is going to hire more workers, that’s for sure.... I know this money sounds too much but trust me folks life is going to be much happier and easier with GC and don’t worry about money, you are going to make all your life. if I don’t have this amount I will get on my Credit Card or I will get bank loan or I will get loan against my pay check but I will give them money to get my freedom.

Think about it, the price for freedom is very cheap......
 
these background security checks...

regarding these security checks - before 9/11 was bcis doing these checks? was a law passed post 9/11 that bcis must mandatorily perform these checks before issuing GC? if there is no law and bcis just decided to perform these checks as an additional measure, can we persuade them as follows:

granted the security checks take a lot of time. so why should an employee must hold on to the same job blah blah blah... basically the problem is - they want everything (employment, fp, security, medical etc, even if these were checked before) to be in order when approving gc and thus it is a bottleneck. intsead they should just do it step by step. first check all other stuff except security and approve gc. then have a separate check for background security.
 
Re: Re: Re: morpheus12 sounds to me like a Goverment Lawyer

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


Thank you for your eloquent and well written post. I posted a link to back up my position, and I can post many more if you wish.

The fact is that non-citizen immigrants like ourselves do not have the same rights as US citizens. Many people in this thread keep complaining about their 'rights' being violated. Claiming that we should have such rights because of the US Constitution and Bill of Rights is fine and dandy - but it isn't a guarantee in court.

I don't see what is 'rabble rousing' about that. It's just the facts.
 
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