My conversation with USCIS Lawyer

Example:

Can you charge your customers $1,000 for a faulty product and when your customers complain you tell them that they have to pay more for you to fix the product???

In general its a bad business practice. Premium processing will make sense only when the current backlog is resolved.

By the way, if you can afford to invest 1,000,000 dollars and hire 10 workers you can get on extra super premium 485 processing list at INS (notice that the conditions for getting green card here are different than the conditions for getting EB category green cards). Although you would probably be worrying about a lot of other things besides green card if you had that type of money.
 
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Kashmir and others,

I see your point behind not supporting the premium processing as not everyone might be in a position (one eg. financially) to get their AOS done faster...then it is unfair for the immigration community if somebody is left behind and others move ahead... Don't want that proposal going forward from our side...nope...

O.K ...lets stick to common goals that benefit everybody...
 
Re: Re: Clarification on AC21 - L1A and Similar Job

Originally posted by operations
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).
Click to expand...

Below is a post from another forum. It is this that fuels my concern and desire to have the issue of L1A visa's clarified. I have posted a number of questions on this issue (on this and various other forums) but never received a definitive answer.

It would be great if we could get a commitment / ruling from the USCIS on this issue. I believe there are number of people in my situation wondering the same thing.

Question :
Can we use AC21 portability for L1A? I-140 (labor exempt) is approved and I-485 has been pending since December 2000.

Answer :
Although originally the then INS, or Legacy INS (now USCIS), said yes in June 2001, the more recent position seems to be for the USCIS to change its position with respect to L1As and EB1 cases since the presumption is that the employer-employee relationship should continue for the GC to get approved in this category. The USCIS has not yet issued anything in writing on this issue, to our knowledge. Either way, hopefully the USCIS will conform to its position that a good-faith reasonable reliance on the law prior to the law or policy changing will protect the person until the USCIS changes its policy or interpretation of AC21 law.
 
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It might take a long while for USCIS to come up with Guidelines for premium processing. It would take anywhere from a few months to a year, before USCIS comes up with guidelines on how to request premium processing for 485 and other applications.

All the while they might point to the upcoming premium processing as the solution, while valuable time is lost. Hence I think this might be acceptable in the long run, but this cannot be the solution for now.

thanks
 
For settlement, we should seek:

1) Enhanced AC-21 freedom
- if I-485 has been pending over 1 year, applicant free to do anything, employment no longer condition of approval

2) Backlog reduction guarantee
- on 6/30/2004, JIT 12/31/2002 or better at all service centers (1.5 year backlog)
- on 9/30/2004, JIT 09/30/2003 or better at all service centers (1 year backlog)

My $0.02,
CAFourEightFive
 
Maybe its too early to talk about Settlement, but if it does happen:

Is a guarantee from INS going to be sufficent?

Do you think USCIS will be able to keep its guarantee?

What happens if they don't keep the guarantee. Another law suite?

I would rather like to see some sort of a warranty wrapped inside an insurance policy :)
 
Although I was initially put off by the idea of premium processing, I now think that it will be a very good thing -

1. The service has a pretty good track record with H1B premium processing.

2. It does create a kind of guarantee that the application will be adjudicated in a definite period of time (Isn't that what we want ?).

3. As long as the fee is charged only for the principal applicant, I imagine that most EB filers on this board can well afford this. Lower income 245(i) filers may be hurt, but I've seen enough vitriolic comments on this board against backlogs caused by 245(i).

If it does come to a settlement and premium processing, we should make sure that the service commits to having premium processing operational within a certain time (say by 6/30/04).
 
Premium Processing

I still believe that the Premium Processing can be an acceptable solution for the current and for the future applicants as well.

My reasons:

1.) Our mutual goal is to solve the 485 crisis for the benefit of EVERY (current and future) applicant and not to teach a bureaucratic government agency for "good business practice". We are not in a position to request an immediate solution. Yes, we are totally right, the USCIS is wrong, and we can file a Complaint, but if it goes to court the lawsuit will take years. If there is a slight chance for a correct agreement, I am sure we should try to reach it. For that, we must be ready for further sacrifices.

2.) If our agreement with the USCIS needs legislation (e.g. actions from the White House and/or from the Congress) there will be no result in the foreseeable future. We have to find a quicker, easier solution, where the two parties (the USCIS and the 485 applicants) can work together "alone" without the involvement of the Congress, the Supreme Court etc.. The Premium Processing - I believe - is like that.

3.) When we decide about the participation in a Premium Processing program, please let's consider how much does it cost us NOT having our 485 adjudicated within 6 months! Is it more than the Premium Processing fee? I bet!

4.) The extra fee of the Premium Processing would allow hiring new USCIS employees. It would create additional workforce to process the premium cases and because of that, we can demand acceptable results. Without Premium Processing fee there would be no such workforce. The "normal" procedure should be still available for non-participants, but I think the vast majority of the current and future applicants would be happy to pay some extra for guaranteed Premium Processing because - in a crucial matter like this - it's simply worth it. Alternatively, we can just ask USCIS to reorganize the current workforce without offering them anything, but they won't do it, or it won't be effective.

5.) I understand that the extra expense is a pain in the neck for everyone of us - for me too - but to succeed, we also have to give something. For a deal the parties must build a bridge toward each other. "Win-win, or no deal!"

6.) In this situation, the best case scenario is that we offer nothing, but still get a good solution from USCIS. In the worst case, we offer extra Premium Processing fee and file Complaint, but there will be no solution for long years. The agreement about the Premium Processing lays in between the two scenarios.

We should never count on the best case! Realistically it just won't happen.
 
Can we ask the defendants : do they really have to process I485
in 33 months (999 days) as it is stated in the receipt ? I think no.
Then may be we can ask them to make the time required to process
I485 at least PREDICTABLE. That will ease our sufferings considerably.
Indeed, it is very painful to know that they can delay I485 for
indefinitely long time. I think we need to request them to make I485
a priority at some point (say 33 months) as they used to give priority
to some other types of cases (TPS, religious workers).

May be we can suggest them to streamline the internal operating procedures
related to I485. For example CSC claims this (http://www.lewslaw.com/US_Immigration_Updates 2003.htm) :

>NOTE: The CSC has a standard operating procedure that if an I-485 has been
>pending for more than one year, a RFE (Request for
>Evidence) must be sent out to confirm that the applicant is still employed
>with the sponsoring organization.

This is not true for VSC and TSC. Why such an inconsistency ?
 
Negotiate Hard !!!

Mr. Khanna,

I think you already have all the points noted by now which could benefit the community and have a clear perspective from many different angles. So please, instead of putting sundry list of items .. let's concentrate on trying to put negotiation plan together for each key point or issue and do it offline. Later you can send the draft to moderators(very few though..) here to discuss and not to publish in this forum.

Just my 2 cents.....

Best Of Luck...
 
Currently this lawsuite is trying to solve an actual problem with INS. I don't think people who matter will take this law suite seriously enough if our goal was/is to achieving a premium processing track for I485.

Also, the term "premium processing" tends to imply that:

1) You will need to pay INS an amount that is much more than what is reasonably required to expect the service that you were entitled to in the first place. Under the current situation, it almost gives the impression that we are willing to bribe INS.

2) Resources may be moved from regular cases to your premium cases at the expense of regular cases.

3) INS continues to be inefficient.

Instead, I don't think it will require too much of an extra effort or time to actually bring out a real and permanent change in they way INS adjudicates I485.

If during the settlement nogotiations (if any), it turns out that there is actually a resource problem in INS, then I don't see any problem in paying an appropriate additional fee for speeding up I485 processing.

But telling INS that "we want premium processing" gives the wrong idea and I really don't think its a realistic approach to take.

It is common sense to assume that INS should be able to adjudicate I485 cases (with all due national security precautions) within 6 to 12 months. And for that we not need to pay INS an unreasonable amount of premium.
 
Here is my plan

I will present our broad areas of concern. For example, loss of job, death, children's college, citizenship, etc. Let me ask them what they will do about it. Right now, I do not know if they will meet with us. Their counsel had told me that he will strongly recommend that the govt should meet with us.

So, I think that is the way to go.

In the mean time, get everyone you know (and their depedants) to sign our petition for class counsel.
 
***RE: PP***

I read so many comments against PP(premium processing) and I think if those folks who are against PP will know that next week or next month they are going to loose their job and can get another one in a month or so and same time they are going to get their RFE then I bet they are going to support PP.

If BCIS or CIS can't do anything what we are asking then Rajiv can ask for PP, is that fair enough guys?????????
 
Those who want Premium Processing (PP) might think:
if I would pay $1,000, my application would be adjudicated in a month !!

However, I think it is unrealistic.

USCIS has already had over 30,000 EB I-485 cases of backlog.
If only $1,000 would guarantee 1-month processing,
almost everyone might go to PP.

If PP would be introduced,
its fees must contribute reducing I-485 backlog, too.

How about one million dollars for PP fee ?
If two people would select PP,
USCIS would be able to hire 100 officers for a year
to adjudicate I-485 applications of poor applicants who cannot pay one million dollars.
 
The title for the new petition thread is not very obvious, suggest to change.

My suggestions to the meeting with gov:
1) We need to know what IS the reason for backlog. Why the cases are processed randomly rather than in a timely order?

2) why only 4% effort put in 485 cases, for the money we are paying? The data in the forum show >20% effort given to H cases. There are always priority issues, but I don't remember 485 ever got the Priority?

3)Clear definition of the portability. I think it should be portably as long as it is the same area/field, but there seems many implicit requirements about salary, emploer type...So it is very hard for someone to make NATURAL CAREER ADVANCE - after years of waiting!
 
As mentioned by some of the other folks who have posted on this subject, I think:

a. Elimination of the AP.... The EAD should be sufficient evidence. What purpose does it actually serve? (other generating operating monies for the USCIS)...

b. Instead of renewing EAD every year make it valid for a 3 year period. (at least for I-485 applicants who are in the EB category). the fees could be rolled into this.


Thank You
 
RE: PP !!!!!!!!!!!!!!!

Please respect ideas coz that’s all Rajiv is asking for.... I like to mention one point why I talk about PP:

May be some folks are making 100 to 200 dollars an hour and they can contribute even 5000 for PP but BCIS wont use same resource to process one case and use 5000 against that case...what will happen they will hire more folks for that and eventually backlog is going to reduce....like take my example I can pay 5000 today if some one assures me that they are going to process my case in a month or two coz I can get that money back in a month or so which my company is making off me just coz I don’t have Green Card.....

Rajiv its totally upto you to promote this idea to Gov. or not....all I am doing here is loud thinking .....Thank you for all your efforts in this regard.
 
Re: RE: PP !!!!!!!!!!!!!!!

We first have to find out what is really causing the backlog. The premium processing may be an option, which I also supports if it helps.

Originally posted by Kanadian
Please respect ideas coz that’s all Rajiv is asking for.... I like to mention one point why I talk about PP:

May be some folks are making 100 to 200 dollars an hour and they can contribute even 5000 for PP but BCIS wont use same resource to process one case and use 5000 against that case...what will happen they will hire more folks for that and eventually backlog is going to reduce....like take my example I can pay 5000 today if some one assures me that they are going to process my case in a month or two coz I can get that money back in a month or so which my company is making off me just coz I don’t have Green Card.....

Rajiv its totally upto you to promote this idea to Gov. or not....all I am doing here is loud thinking .....Thank you for all your efforts in this regard.
Click to expand...
 
Paid Faster process For 485...

Sometime back INS introduced a faster processing called PERM for 140. Can we have something like that for 485? It's worth paying $1500 and get it approved than waiting for 6 years. This will help the INS to hire more service personnel also.
 
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