My conversation with USCIS Lawyer

Thanks for your input folks

The govt. is NOT in a weak position. they have some very strong arguments on their side. We need to present our demands and meet with them. If their attitude is uncompromising, we will take our chances in court. But that could take years.

If they are willing to work things out, I will present you their counter proposal, if they choose to make one. At some point, I hope AILA will provide some input. But for now, I wish to hear only the voice of the community, which you are doing here and through emails. I have noted all the common concerns.

My prposal draft will not be perfect. I know that. But i will do my best to act on your behalf as a group representative (class counsel). Not just for individual voices. So you will have to live with some compromise. But there is no way I will compromise to our prejudice even if we have to fight all the way to the Supreme Court. We lose, we lose. There are always appeals.
 
Suggestions

Thank you so much for your efforts Mr. Khanna.

One thing I haven't seen mentioned in the other messages is ensuring that AC-21 portability apply to all employment-based cases. (There have been indications on other immigration-related sites that CIS is leaning toward denying EB1C (multinational manager) cases because there is no underlying labor certification).

For a longer term suggestion, I would like to see them issue a conditional green card when the 140 is approved (since that's really the determining factor for agreeing to let someone immigrate). It could be revoked in case of security check problems, etc.

But realistically, I think the EAD issue is the most likely one to be accepted and will also have the most immediate impact. The argument that CIS wants to make more revenue from EAD renewals doesn't make sense because it costs more to process them than the money they bring in. So it should be a win-win situation.
 
Thank you Rajiv for doing all this!!!

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.

I paid 1000 $ for H1 processing and got it in one week while my friends were waiting 4ever so its a choice for everyone whatever path they want to take but there should be some way to get fast processing as we get for H1.

I also agree that FP, AP or EAD for longer period wont help if I got an RFE and I can’t find job in a couple of weeks. So I would say please focus on the big problem, these AP, FP or EAD is nothing in a sense of getting your green card. We should not ask BCIS to do which they cant do...or they have to go back to congress to get approval coz then its going to take another year...agree or not??????

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?????
 
Rajeev,

As we have filed the law suit as a immigration portal community, so why not we collect the Receipt # of each community member and gave it to the BCIS/USCIS to adjucate their cases within next 2 months and we will withdraw our lawsuit.

This might be the easiest and acceptable solution to them and to us. If we ask them too much like interim GC or 2 years EAD then we are talking about infinite loop and this case will go on forever.

Just my Opinion................................................
 
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Rajiv Khanna has pointed out that the Govt has strong points.
I am thinking what could be the strong points and how to counter those arguments.
One of the strongest argument I can think of from the Govt. side is because of security concerns USCIS followed Zero tolerance policy resulting in delays. Second one is that USCIS increased their border security putting pressure on their resources. Third one I can think of is registration process for foreigners and also processing of AR-11.

This arguments might carry emotional weight like the patriotic act. I don't know how to counter this arguments.I am not sure whether this type of issues constitute legal arguments.

Unfortunately, I cannot think of any other argument.

-rajum
 
Originally posted by shsa
Rajeev,

As we have filed the law suit as a immigration portal community, so why not we collect the Receipt # of each community member and gave it to the BCIS/USCIS to adjucate their cases within next 2 months and we will withdraw our lawsuit.

This might be the easiest and acceptable solution to them and to us. If we ask them too much like interim GC or 2 years EAD then we are talking about infinite loop and this case will go on forever.

Just my Opinion................................................
Click to expand...


Believe it or not, they might even agree to that. In fact, that was one of the matters discussd. But when I first started this lawsuit, my understanding was, I am acting for the whole community, not just imigrationportal.com. But if you folks want only yourself to be approved, I can let another lawyer handle that. They can take over the case. I perceive the narrower representation to be a conflict of interest. I must represent all or none.
 
Rajiv,
I agree with your view points. If we can get our main points accepted by DHS it is not necessary to indulge in a law suit. Interim GC/FPexpiration/2 year EAD etc. are points which are a major victory for us. Let us be realistic that there is no way we can get them to agree to clear all pending cases in a short time period. Even if we file the law suit and win that situation is going to be the same. So let us ask what is possible and maybe a bit more and take it from there.
Thanks once again Rajiv for all your help.
 
Draft proposal

My prposal draft will not be perfect. I know that. But i will do my best to act on your behalf as a group representative (class counsel). Not just for individual voices. So you will have to live with some compromise. But there is no way I will compromise to our prejudice even if we have to fight all the way to the Supreme Court. We lose, we lose. There are always appeals
Click to expand...

Mr Khanna

can you please post the draft here once you are done with that which will give ppl chance to look at it??

Once again thanks for everything.

hmd
 
Originally posted by operations
Believe it or not, they might even agree to that. ......... I must represent all or none.
Click to expand...

I agree "ALL or None".

Giving SRC #'s can be discussed at a later stage; but let us not go in this direction form the start.
 
Thank you Rajiv

Thank you Rajiv for doing everything for us.

We should bring up the issue of random approval which is not fair. For example, people who have filed in Aug/sept/Oct 2002 are getting approved and people like us who have filed I-485 for the last more than 2 years or so are still waiting, which is injustice.
We should ask them to start working the cases in chronological order instead of random.

Also we should bring up the issue of customer service which is horrible.

Thank you!
 
All or None...

First, Mr. Khanna and his team thank you all, your work is very much appreciated!

I agree with "All or None". I believe from the beginning the law suit and other posts/docs. did include references to the whole community (immigrationportal.com) and not just the few pertitioners. We should also understand that our strength comes with representing the community but not being few individual petitioners!

On the other hand, assuming that USCIS lawyers can be bought into this, if this is a quicker solution then we can do that followed by more lawsuits by others. And, for the same reason even the USCIS might not want to do that.

I agree with the following couple of suggestions that might help all of us,

1. Portability should kickin after 180 days of filing 1485 whether 140 approved or not.
This should give us fliexibilty with changing employers esp. for career development or what ever reasons!

2. Whether it is I140 or I485, any normal RFEs must be issued before 180 days. After 180 days, the only RFEs that can be issued must be any thing related to criminal, security related issues.

(On second reading I am laughing at my self... as if USCIS will issue a RFE if you are really a security concern for US!!! But we need some condition to that effect...)

There should possibly be another status in the cases, where it is "approved pending security clearance" which means in every sense it should be like a regular GC. In addition to this there should be an up side cap, let us say 2 years for I485 approval.

Let them take all 2 years for a security check as they were asking for but that should not hold us from making important career and life moves.

Thank you all again,
-PradK.



Originally posted by operations
Believe it or not, they might even agree to that. In fact, that was one of the matters discussd. But when I first started this lawsuit, my understanding was, I am acting for the whole community, not just imigrationportal.com. But if you folks want only yourself to be approved, I can let another lawyer handle that. They can take over the case. I perceive the narrower representation to be a conflict of interest. I must represent all or none.

quote:
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Originally posted by shsa
Rajeev,

As we have filed the law suit as a immigration portal community, so why not we collect the Receipt # of each community member and gave it to the BCIS/USCIS to adjucate their cases within next 2 months and we will withdraw our lawsuit.

This might be the easiest and acceptable solution to them and to us. If we ask them too much like interim GC or 2 years EAD then we are talking about infinite loop and this case will go on forever.

Just my Opinion................................................
--------------------------------------------------------------------------------
Click to expand...
 
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I agree..

I fully agree with you that we have to act for the whole community...

Originally posted by operations
Believe it or not, they might even agree to that. In fact, that was one of the matters discussd. But when I first started this lawsuit, my understanding was, I am acting for the whole community, not just imigrationportal.com. But if you folks want only yourself to be approved, I can let another lawyer handle that. They can take over the case. I perceive the narrower representation to be a conflict of interest. I must represent all or none.
Click to expand...
 
suggestions

1. adjudicate all pending eb aos 2001 cases in say 2/3 month period.
2. follow strict chronological order in priority dates.
3. cash application fees only AFTER processing a case.
4. eliminate redundant annual applications for fp, ead, ap.
5. if case is pending for more then 6 month, allow to change a career, versus staying in the same field.

Thank you Rajiv.
 
Few suggestions

I have a few suggestions that could reduce workloads

1. Allow the the applicant to choose the term of an EAD and AP (one /two / three year).

2. Get rid of multiple finger printing.

3. Tranfer a few cases to local offices so that they can move faster.

Raghu
 
Re: Thank you Rajiv

thecrown007 is 100% right that we have a stong issue of random approval and it has nothing to do with patriot act or security checks as per rajum.

Also, there are lots of irregularities (mail sent to wrong address, unnecessary issuance of 3rd FP after approving the cases etc.) and lowsy customer service of UCIS.

I think, another good proposal as per previous poster is that automatic renwal of EAD same as car ragistration.



Originally posted by thecrown007
Thank you Rajiv for doing everything for us.

We should bring up the issue of random approval which is not fair. For example, people who have filed in Aug/sept/Oct 2002 are getting approved and people like us who have filed I-485 for the last more than 2 years or so are still waiting, which is injustice.
We should ask them to start working the cases in chronological order instead of random.

Also we should bring up the issue of customer service which is horrible.

Thank you!
Click to expand...
 
- Rajiv

First of all thank you for pursuing this litigation. We immigrants who love this country and want to build a future here seem to have the system against us these days.

Now my thoughts and suggestions on the above matter -

In some states it takes years just to get through labor certification and then with the added delays of long I-140 approval timeframes to get to the point of I-485 portability alot of us face hardships which we cannot do anything about for fear of Nullifying our GC.

What I propose is that I-485 portability come in effect from the date of I-485/I-140 filing. There could be strict limitations imposed on this like say needing it to be the same type of position in Same State so as not to void the Labor Certification.

Also a Premium Processing option for I-140/I-485. This will at least broaden our options.

Regards
 
Re: Re: Thank you Rajiv

I would like to add one more important point here is that those I-485 cases should adjudicate immediately which are filed before UCIS started I-140 and I-485 parallel processing (means I-485 cases filed with approved I-140) since they have waited for long time like our cases (I am talking about whole community here but giving my example) where they have already waited:

(1) 3 years for labor approval.

(2) 1 year for I-140 approval.

(3) Waiting over 2 years now for I-485.

Cases like ours even didn't get benefit of UCIS parallel processing and waiting for too long since they are even not touching our cases and processing AUG 2002/SEP 2002/OCT 2002 cases who even got benefit of parallel processing time.
 
All immigrationportal.com members' cases get adjudicated? - I don't think so

I think we should still work on getting some kind of solution to all cases instead of the adjudication of a few cases. It is also not realistic for the USCIS to take actions on all members' cases - it's a big number and everyone has different situation. How can we expect them to spend a couple of months working on just these say one thousand cases? Besides people would swarm and become members in an instant... the scenario is just too good to be true. BTW, I do believe they might be willing to adjudicate the original petitioners' cases to settle the lawsuit.
 
re:

Thanks Rajiv for all your efforts.
1. The biggest concern I have is that some employers dont file the I485 parallely and the I140 if filed sequentially is not getting looked at . I have seen many cases that are pending for over a year and cases that have been filed parallely after that have been approved.
Could you please include our concern of the Long delays in I140 sequential processing times.
 
keep the presure

My 2 piasa
I think the rush of approvals is due to the
1) new proposal by Mr. Bush
and/or
2) the lawsuit
If they are afraid of the suit -- then we should not settel or settel only if they can show that they are putting more resources into the system and willing to be audited prodically by some 3rd party group.
 
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