I will try. But 824 is certainly woth considering for them.
My conversation with USCIS Lawyer
- Thread starter Rajiv S. Khanna
- Start date
I will try. But 824 is certainly woth considering for them.
GC_candiadate
Registered Users (C)
Let us not get emotional. Gov. can have 1001 reasons in name secuirty so best solution would be to engage them.
They can spent another 2 years asking for time and extension. It is not like that the case has to be decided in 2 months. So it is open.......
If they are coming on the dialog table and we can some kind of relief to move on with our lives, it would be wise thing.
Rajiv- what was the tone of Gov Attorney? Do you think you guys can be on the discussion table with USCIS.
It is always good idea not to Fire the Gun if mere presence can do the job.
my 2 cents ....
They can spent another 2 years asking for time and extension. It is not like that the case has to be decided in 2 months. So it is open.......
If they are coming on the dialog table and we can some kind of relief to move on with our lives, it would be wise thing.
Rajiv- what was the tone of Gov Attorney? Do you think you guys can be on the discussion table with USCIS.
It is always good idea not to Fire the Gun if mere presence can do the job.
my 2 cents ....
I agree with Mr. Rajiv, "all or none". I am still waiting for my labor to be approved since more than 2 years, so naturally I am not even in the 485 waiting list yet. But if you guys get approval for your currently pending 485s, another backlog will be waiting for us when we come in the queue. I think Mr. Rajiv is trying to address this issue fundamentally for all current and future applicants, and I really appreciate his efforts in this context since it will benefit the whole immigrant community and not just current applicants.
Thanks Rajiv. You are really doing a great job!
What about people who have 10+ years of legal status in US
Mr. Khanna,
While proceeding with the next phase of the lawsuite process, the only think i would ask you is to PLEASE also keep in mind the interst of all those people who have been rotting in this country for 10+ years of legal status as slaves of INS/BCIS/CIS bureaucratic processes.
In my case, after working hard and maintaining good legal status for 13 years, i would hate to get rejected based on an AC21 technicality (i.e getting laid off, due to no fault of mine, before 180 days of filing I145).
For people who have maintained legal status in this country for 10+ years, INS processes have been both physically and mentally draining and a complete torture.
Of all the I485 applicants, we are the once who have suffered the greatest hardship at the hands of INS
Mr. Khanna,
While proceeding with the next phase of the lawsuite process, the only think i would ask you is to PLEASE also keep in mind the interst of all those people who have been rotting in this country for 10+ years of legal status as slaves of INS/BCIS/CIS bureaucratic processes.
In my case, after working hard and maintaining good legal status for 13 years, i would hate to get rejected based on an AC21 technicality (i.e getting laid off, due to no fault of mine, before 180 days of filing I145).
For people who have maintained legal status in this country for 10+ years, INS processes have been both physically and mentally draining and a complete torture.
Of all the I485 applicants, we are the once who have suffered the greatest hardship at the hands of INS
Hi All,
Well first and foremost, Kudos to Rajiv Khanna who has championed our cause (would be immigrants) cause in an unprecedented way by hammering a litigation at the USCIS.
A big Thankyou to you Mr. Rajiv Khana.
Well, let us not forget that there definitely are nuances to all the solutions envisaged and discussed in this forum.:
1a> What if we ask them(USCIS) to make I-140 portable after 180 days, rather than on approval? Will that solve the problem or will it only Stave the problem.
1b> How about the processing times thereon?
2> I know it seems futuristic and may not apply to all, but seeking a Citizenship after arduous 5-6 yrs for GC is really excruciating ....
Shouldn't the GC 5 years be counted towards the Citizenshi?
The 5 years wait was appropriate or so deemed appropriate when GC times were 6-12 months. Now, with this snails-pace processing, shouldn't there be a rethinking and re-evaluation...
3> By negotiating hard, does the immigration community stand to gain or lose?
Well I have just spoken my mind. And once again, there is no denying to the fact that Mr. Rajiv Khanna has helped us immensely by bringing up the immigration cause ...
Well first and foremost, Kudos to Rajiv Khanna who has championed our cause (would be immigrants) cause in an unprecedented way by hammering a litigation at the USCIS.
A big Thankyou to you Mr. Rajiv Khana.
Well, let us not forget that there definitely are nuances to all the solutions envisaged and discussed in this forum.:
1a> What if we ask them(USCIS) to make I-140 portable after 180 days, rather than on approval? Will that solve the problem or will it only Stave the problem.
1b> How about the processing times thereon?
2> I know it seems futuristic and may not apply to all, but seeking a Citizenship after arduous 5-6 yrs for GC is really excruciating ....
Shouldn't the GC 5 years be counted towards the Citizenshi?
The 5 years wait was appropriate or so deemed appropriate when GC times were 6-12 months. Now, with this snails-pace processing, shouldn't there be a rethinking and re-evaluation...
3> By negotiating hard, does the immigration community stand to gain or lose?
Well I have just spoken my mind. And once again, there is no denying to the fact that Mr. Rajiv Khanna has helped us immensely by bringing up the immigration cause ...
Another VERY immportant point is: many RFEs were about Employment Verification. We should suggest USCIS that after 180 days of I485 filing, whether employed or not should NOT be regarded as a condition for approval. Because noboday can guarantee not be laid off under the bad economy.
Settlement of Lawsuit:
a. Temporary GC is well accepted solution for most of us than Extended validity of EAD and AP. But we should remember that all temporary GC like the one issued to GC based on marriage to US citizen and investor is valid for 2 years and just before the end of two years they submit I-751,request to remove the condition on GC, which takes very long, so we should be very careful regarding this temporary GC request since CIS might move the backlog from I-485 to I-751 (petition to remove condition on GC).
b. Also we should not accept any settlement just by their promises. Just take a look at DOL's PERM labor process, I keep hearing for the last 3 or 4 years about this but it is yet to be implemented.
c. We shouldn't be punished for the slow processing of CIS, so 5 year clock for GC should start from day I-485 filed or 180 days after filing I-485.
a. Temporary GC is well accepted solution for most of us than Extended validity of EAD and AP. But we should remember that all temporary GC like the one issued to GC based on marriage to US citizen and investor is valid for 2 years and just before the end of two years they submit I-751,request to remove the condition on GC, which takes very long, so we should be very careful regarding this temporary GC request since CIS might move the backlog from I-485 to I-751 (petition to remove condition on GC).
b. Also we should not accept any settlement just by their promises. Just take a look at DOL's PERM labor process, I keep hearing for the last 3 or 4 years about this but it is yet to be implemented.
c. We shouldn't be punished for the slow processing of CIS, so 5 year clock for GC should start from day I-485 filed or 180 days after filing I-485.
Clarification on AC21 - L1A and Similar Job
Thanks for the hard work.
As the holder of an L1A Visa, I would like to see this type of visa definitely (and explicitly) included in the AC21 rules. To date, an implementation plan has NOT been issued. We need to have the rules clarified ie with respect to similar job, change in location, salary etc etc. The idea of a "Temporary Green Card", which would eliminate all the restrictions mentioned above, is very appealing.
My priority would be to see ALL EB applications (specifically including L1 cases) included.
Thanks for the hard work.
As the holder of an L1A Visa, I would like to see this type of visa definitely (and explicitly) included in the AC21 rules. To date, an implementation plan has NOT been issued. We need to have the rules clarified ie with respect to similar job, change in location, salary etc etc. The idea of a "Temporary Green Card", which would eliminate all the restrictions mentioned above, is very appealing.
My priority would be to see ALL EB applications (specifically including L1 cases) included.
THE MAIN PROBLEM IS THE BACKLOG
First of all: Thank you Mr. Khanna!
My suggestion: Let's focus on the main issue only!
If the backlog of I-140/485 would be eliminated there would be no crisis, there would be no Complaint either.
Why do we have this backlog? Most probably because the USCIS has limited workforce to adjudicate the 140/485 cases in a timely manner and (being a bureaucratic organization) the delay is not even a concern for them.
Although we didn't cause the backlog, we should definitely be the part of the solution here. What can we do? Only one thing: We can pay more money to create a win-win situation. (I am pretty sure that it would worth it for everyone of us.)
I am proposing to ask reasonable "Premium Processing" for 140/485 cases.
The extra revenue would help USCIS to hire more people to reduce the backlog which would be advantageous for everybody. Our offer would show that we "the 140/485 community" are determined to solve a crisis situation and ready to take our extra burden (and to create new jobs at the same time).
If you think that we can go further, I am suggesting solving the portability issue next.
After 180 days (within which the USCIS is theoretically obligated to adjudicate the 140/485 cases) we should have the right to change employer freely or even to start our own business.
Else:
Is anybody ever felt any insecurity about to give out his/her case number to the USCIS at the same time when he/she is filing a (class action) Complaint against them?
First of all: Thank you Mr. Khanna!
My suggestion: Let's focus on the main issue only!
If the backlog of I-140/485 would be eliminated there would be no crisis, there would be no Complaint either.
Why do we have this backlog? Most probably because the USCIS has limited workforce to adjudicate the 140/485 cases in a timely manner and (being a bureaucratic organization) the delay is not even a concern for them.
Although we didn't cause the backlog, we should definitely be the part of the solution here. What can we do? Only one thing: We can pay more money to create a win-win situation. (I am pretty sure that it would worth it for everyone of us.)
I am proposing to ask reasonable "Premium Processing" for 140/485 cases.
The extra revenue would help USCIS to hire more people to reduce the backlog which would be advantageous for everybody. Our offer would show that we "the 140/485 community" are determined to solve a crisis situation and ready to take our extra burden (and to create new jobs at the same time).
If you think that we can go further, I am suggesting solving the portability issue next.
After 180 days (within which the USCIS is theoretically obligated to adjudicate the 140/485 cases) we should have the right to change employer freely or even to start our own business.
Else:
Is anybody ever felt any insecurity about to give out his/her case number to the USCIS at the same time when he/she is filing a (class action) Complaint against them?
My Opinion
02-08-2004
First of all, million thanks to Attorney Rajiv for fighitng on our behalf. My 2 cents.
1. Just asking for EAD and AP for prolonged duration will not hit the main problem of delayed adjudications of 485. Getting EAD and AP is a hassle but it is not major hardship.
2. Main Issues and hardships arise form delayed 485 like
(a) Childrens' education. If a child is of college going age, he or she will not get finacial aid they need and deserve.
(b) Fees are assessed at non resident rate.
3. Delayed adjudication jeopardises family's chances of getting green card if primary applicant dies.
4. Another MAJOR issue is Employer's slavery. Any candidate with pending 485 is always at mercy of employer with no chance fo fair and respectful behavior form employer, no chance of advancement, no chance of whistle blowing etc.
5. Also the 800 number for the information is not useful at all. There should be some better system to let us know what is wrong with our case if it is delayed unreasonably. The representatiives on the 800 line just read the message that we can do online.
I appreciate Rajiv's Himalayan efforts, but if the settlement is at the point of getting extended EAD/AP and I-140 portability issue then all these effort of filing law suit will be futile.
I am not expert in all these legal matters, I am just expressing my thoughts.
Thanks to Rajivji once more
gc949
02-08-2004
First of all, million thanks to Attorney Rajiv for fighitng on our behalf. My 2 cents.
1. Just asking for EAD and AP for prolonged duration will not hit the main problem of delayed adjudications of 485. Getting EAD and AP is a hassle but it is not major hardship.
2. Main Issues and hardships arise form delayed 485 like
(a) Childrens' education. If a child is of college going age, he or she will not get finacial aid they need and deserve.
(b) Fees are assessed at non resident rate.
3. Delayed adjudication jeopardises family's chances of getting green card if primary applicant dies.
4. Another MAJOR issue is Employer's slavery. Any candidate with pending 485 is always at mercy of employer with no chance fo fair and respectful behavior form employer, no chance of advancement, no chance of whistle blowing etc.
5. Also the 800 number for the information is not useful at all. There should be some better system to let us know what is wrong with our case if it is delayed unreasonably. The representatiives on the 800 line just read the message that we can do online.
I appreciate Rajiv's Himalayan efforts, but if the settlement is at the point of getting extended EAD/AP and I-140 portability issue then all these effort of filing law suit will be futile.
I am not expert in all these legal matters, I am just expressing my thoughts.
Thanks to Rajivji once more
gc949
Last edited by a moderator:
U.S.Citizenship 5 Years After AOS is Filed
It's very important for us as a lot of people have posted here.
As this thread includes many kinds of issues,
I created new thread to pursue U.S.Citizenship 5 Years After AOS is Filed.
Thanks,
-kashmir
It's very important for us as a lot of people have posted here.
As this thread includes many kinds of issues,
I created new thread to pursue U.S.Citizenship 5 Years After AOS is Filed.
Thanks,
-kashmir
RFE Concern
Rajiv,
Thanks so much for your efforts.
I wanted to reiterate my earlier point that because of the current economy many workers like me have aplied for GC but are currently working as contractors, which will not count as full time employment needed for GC adjudication.
Due to USCIS's delays beyond 6 months, we might not be able to satisfy the RFE requirements at this point.
Hence I request you to propose that as long as a person can show that he worked full time 6 months (in same occupation as shown in LC and I-140) after filing I-485, that should satisfy the Employment Verification clause of GC.
This leaves the person free to do whatever after 6 months..like say, jump into an entirely different field for employment and not be stuck to tech jobs.
I am not sure how many others are in similar situation. I hope this is a valid request that we can make.
Thanks
Rajiv,
Thanks so much for your efforts.
I wanted to reiterate my earlier point that because of the current economy many workers like me have aplied for GC but are currently working as contractors, which will not count as full time employment needed for GC adjudication.
Due to USCIS's delays beyond 6 months, we might not be able to satisfy the RFE requirements at this point.
Hence I request you to propose that as long as a person can show that he worked full time 6 months (in same occupation as shown in LC and I-140) after filing I-485, that should satisfy the Employment Verification clause of GC.
This leaves the person free to do whatever after 6 months..like say, jump into an entirely different field for employment and not be stuck to tech jobs.
I am not sure how many others are in similar situation. I hope this is a valid request that we can make.
Thanks
Re: RFE Concern
Good point. Thanks.
Good point. Thanks.
Re: Clarification on AC21 - L1A and Similar Job
Statutorily, only some EB classes are portable. As far as I remember L-1 based GC category is portable. Remember, CIS can give only what the statutes permit. They are unlikely to even amend the regulations. But I have noted every point (including Kashmir's of course).
Statutorily, only some EB classes are portable. As far as I remember L-1 based GC category is portable. Remember, CIS can give only what the statutes permit. They are unlikely to even amend the regulations. But I have noted every point (including Kashmir's of course).
Mr. Khanna,
Thank you for all the time and effort being spent in this regards.
This is what my thoughts are on requesting that the AC21 protability be allowed after 180 days of filing the I-140 and I-485 together.
This in no way gaurantees the approval of I-140. The approval of I-140 is still in the hands or the EMPLOYER since they are the petitioner of this application. With this in mind how do you think that this would be helpful for the 485 applicant.
Thanks
Thank you for all the time and effort being spent in this regards.
This is what my thoughts are on requesting that the AC21 protability be allowed after 180 days of filing the I-140 and I-485 together.
This in no way gaurantees the approval of I-140. The approval of I-140 is still in the hands or the EMPLOYER since they are the petitioner of this application. With this in mind how do you think that this would be helpful for the 485 applicant.
Thanks
Strongly disagree on Premium Processing for I-485
Rajiv and ImmigrationPortal.Com are fighting against USCIS
for the whole community on a huge I-485 backlog,
not to expedite an individual case.
Now, thousands of 2001 filers are still waiting for their AOS approvals.
I strongly believe it is unfair that those long-waiting people have to pay additional thousands of dollars for Premium Processing.
As long as these people are waiting for their AOS approvals,
newer AOS applications should not be adjudicated within several months just because they paid thousands of dollars for Premium Processing.
Once I-485 backlog is eliminated, it might be acceptable,
but it should not be a solution as of today.
Rajiv and ImmigrationPortal.Com are fighting against USCIS
for the whole community on a huge I-485 backlog,
not to expedite an individual case.
Now, thousands of 2001 filers are still waiting for their AOS approvals.
I strongly believe it is unfair that those long-waiting people have to pay additional thousands of dollars for Premium Processing.
As long as these people are waiting for their AOS approvals,
newer AOS applications should not be adjudicated within several months just because they paid thousands of dollars for Premium Processing.
Once I-485 backlog is eliminated, it might be acceptable,
but it should not be a solution as of today.
Premium processing...Hmmmm..
Kashmir, Currently with H1B premium processing even if the application has gone in as a regular application there is always scope to convert it to Premium processing. Although, i am not sure what would happen of the priority dates/notice dates in that scenario but if a thing like that is feasible in I-485, i think we should we should agree to it as long as they keep the notices dates as the dates for processing and people who have been waiting for long will get a chance to end the ordeal quickly for a few bucks more....what do you guys think...
Kashmir, Currently with H1B premium processing even if the application has gone in as a regular application there is always scope to convert it to Premium processing. Although, i am not sure what would happen of the priority dates/notice dates in that scenario but if a thing like that is feasible in I-485, i think we should we should agree to it as long as they keep the notices dates as the dates for processing and people who have been waiting for long will get a chance to end the ordeal quickly for a few bucks more....what do you guys think...
I don't deny the idea of Premium Processing itself.
but considering the context, it should not be our proposal.
Rajiv will discuss with USCIS lawyer soon.
If USCIS would propose it, I can understand.
However, we, Rajiv and ImmigrationPortal.Com, are fighting for the whole community,
not only for some (or many) rich people who wants to pay thousands of bucks to get AOS approval sooner than thousands of long-waiting 2001 filers.
Also, we are fighting on a huge backlog of EB I-485 applications, not to expedite some individual cases that Premium Porcessing fee is paid.
I believe the representative of plaintiffs and class members should not propose such a shameless solution.
I understand everyone wants one's own approval as soon as possible,
but I'd like everyone not to forget that we are fighting for justice and equity as Rajiv said.
but considering the context, it should not be our proposal.
Rajiv will discuss with USCIS lawyer soon.
If USCIS would propose it, I can understand.
However, we, Rajiv and ImmigrationPortal.Com, are fighting for the whole community,
not only for some (or many) rich people who wants to pay thousands of bucks to get AOS approval sooner than thousands of long-waiting 2001 filers.
Also, we are fighting on a huge backlog of EB I-485 applications, not to expedite some individual cases that Premium Porcessing fee is paid.
I believe the representative of plaintiffs and class members should not propose such a shameless solution.
I understand everyone wants one's own approval as soon as possible,
but I'd like everyone not to forget that we are fighting for justice and equity as Rajiv said.