My conversation with USCIS Lawyer

Rajiv,
It looks like lot of people are scared about revealing the personal information when they sign to support the class counsel of I-485 litigation.

Please check the below mentioned link:
http://boards.immigration.com/showthread.php?s=&postid=687595#post687595

Any comments.

Also if possible please explain on the Petition page the neccessity of the personal information.

Thanks.

Originally posted by neversay_never
For me, I am not sure why so much personal information is needed. Giving all about my case and all about myself is more scary in the age of Identity Theft.

I want to be a part of it, but definetly in a different way where its more secure.

Confused....any advices.
Click to expand...
 
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I didn't catch this thread until today.

Thanks a lot. Rajiv


others already mentioned :

1. remove limitation on the protability (similar job etc, yeah, after LC, I140, and years into I485, that's 5-6 years on the similar job, are we that stupid that can only repeat one job?)

2. AP and EAD valid till 485 approve (valid for 1 year but need 4-6 months to approve?! that's horrible)

3. temperary GC until security check done.

CIS need to put extra effort to address all the long waiters (from 2001). security check? that's more than 2 yrs already!
 
Citizenship counter from I485 filing

All suggestions are excellent and logical e.g. AP/EAD should never expire etc. I will like to add one more thing that Citizenship (5 yr) counter should start from the filing date of I485 not from the approval date.
 
My 2 cents

Thank you very much Mr Khanna for your efforts.

In addition to the three main points already suggested, I would suggest the following:
1) Start E-filing of I485 and address change(AR11) ASAP. This will reduce the work load of USCIS by a great deal. Currently we need to fill out AR11 and also call the USCIS and still it takes more than a month to be effective and result in lost mails etc. Also, AR11 should take care of addres change for all pending applications.

2) Publish the method USCIS uses to choose which cases to process first. I am very troubled to see some I140 cases approved within two weeks while a lot others are waiting more than a year. This will enable us to predict how long we have to wait.

3) There should provide some guarrantee on the processing time limit to justify increase in the processing fee's. I personally would not mind paying more than double for that kind of guarrantee.

4) The USCIS should provide monthly processing statistics for all kind of applications. The stats may include number of applications received during the time frame, cases touched/approved and total number of pending applications till date. This will improve visibililty and also reduce call center queries.

Thanks
 
Re: My 2 cents

Originally posted by I140_2003
Thank you very much Mr Khanna for your efforts.

In addition to the three main points already suggested, I would suggest the following:
1) Start E-filing of I485 and address change(AR11) ASAP. This will reduce the work load of USCIS by a great deal. Currently we need to fill out AR11 and also call the USCIS and still it takes more than a month to be effective and result in lost mails etc. Also, AR11 should take care of addres change for all pending applications.

2) Publish the method USCIS uses to choose which cases to process first. I am very troubled to see some I140 cases approved within two weeks while a lot others are waiting more than a year. This will enable us to predict how long we have to wait.

3) There should provide some guarrantee on the processing time limit to justify increase in the processing fee's. I personally would not mind paying more than double for that kind of guarrantee.

4) The USCIS should provide monthly processing statistics for all kind of applications. The stats may include number of applications received during the time frame, cases touched/approved and total number of pending applications till date. This will improve visibililty and also reduce call center queries.

Thanks
Click to expand...

Difficult to implement. I will start preparing a draft. Expect to have it done over the weekend. I think we know all the problems.
 
Jharkhandi, Rajum

I agree with you here..Please do not get upset. I just aired an idea to see if it will help to have other lawyers with us. I did not think of "getting credit" theory or "others messing up" with what Rajiv is doing....When I suggested this, I knew it might have some pluses and minuses and Rajiv would be the best person to weigh them both.

The idea was not to make you guys upset and come up with "How could you think of something like this........." comments.
Still, I apologize if I sounded naive in this forum of experts !!!

Now, come on and three cheers for Rajiv !!!!!!!!
 
Didnt know this thread was going on. Heres my 2c

1. Since the meeting is with USCIS/Congress, I think they need to clarify as to when they think the employement based GC petition is the 'applicant's' and not the employer ?
When can I feel that I am being given a GC because I am qualified and not because some crazy employer is supporting me (I have a Masters and 10 years of experience) Making EB1/2 scrutiny so hard, they are just making unskilled GCs easier. I found out that a housewife got GC through EB3 and I am waiting for 4 years)

2. What are the rights of the employee ? Since lot of employers are taking advantage of the employee's in many ways (pay less, threat, cannot take up promotions etc).

3. Can they follow the process of Canada and make immigration simpler. I got my Canada PR with just my Masters and 10 years (anything >4 wil do)

4. What is the rationale behind BCIS wanting repeated application to I765/131 ?

5. What is the BCIS rationale in the delay where 485 the last stage takes 2 years ? What is the requirement of the Labor/I-140 applications ? Labor + 140 takes 2 years and more.
Either they should grant PR or not. The decision is simple. CIA/FBI verification of about 6 months is meaningful. But the overall time of >4 years is meaningless.
 
gogia,

That is OK. I was rude too - sorry about that.

It is not just a metter of credit - outcome of suit is unknown so not a matter of credit as such. It is more of a matter of respect and trust as Rajum mentioned.

I think any lawyer hitting problem from a different angle is equally welcome, but ofcourse on his/her own initiative.
 
Looks like we need more plaintiff now rather than more lawyers. Only 300 signed the petition, out of what, hundred thousands?

Originally posted by Jharkhandi
gogia,

That is OK. I was rude too - sorry about that.

It is not just a metter of credit - outcome of suit is unknown so not a matter of credit as such. It is more of a matter of respect and trust as Rajum mentioned.

I think any lawyer hitting problem from a different angle is equally welcome, but ofcourse on his/her own initiative.
Click to expand...
 
INS and California DMV

Hello Mr. Khanna,

Another problem:

Many people on adjustment of status seem to be waiting for months just to get their driving licences from DMV becuase USCIS doesn't seem to be willing to send information to California DMV regarding a persons legal status in this country.

This is a not a major problem, but definitely another source of suffering.

Once again. Thank you very much for your efforts and for bringing on this law suite.
 
My two cents:

1) BCIS should not send out RFE for vefication of employment if the processing is taking more than 2 years. It is ridiculous for them ask for such verification after significant processing delay.

2) Since it is the congress's intention to process the I-485 cases within 6 months, any time beyond the first 6 months should count toward future citizenship application. This is a reasonable remedy for the applicants due to government processing delay.

Thanks for fighting for us.
 
Nothing can be compromised for fast processing of the gc

Hi All,

I think we cannot compromise anything for fast processing of the gc. Everything else is good, but they have to assure the timely processing of the gc (may be 6 months) and we should not agree for anything less than that. Otherwise, people will continue to go through same wait period.

Def.
 
Originally posted by gogia
Jharkhandi, Rajum

I agree with you here..Please do not get upset. I just aired an idea to see if it will help to have other lawyers with us. I did not think of "getting credit" theory or "others messing up" with what Rajiv is doing....When I suggested this, I knew it might have some pluses and minuses and Rajiv would be the best person to weigh them both.

The idea was not to make you guys upset and come up with "How could you think of something like this........." comments.
Still, I apologize if I sounded naive in this forum of experts !!!

Now, come on and three cheers for Rajiv !!!!!!!!
Click to expand...

Gogia,
I am not at all upset......and yours is a logical thought that crosses one mind.... In fact, multiple attorneys might be a good idea if there is a centralized, democratic and organized leadership. and this leadership coordinates the efforts.....in our situation, we work on a voluntary basis and evolving a centralized leadership is not possible ...isn.org formed in 1999 and disappeared after its purpose...and so the current effort will also dissipate if we see an significant and reliable improvements in processing...and that is the reason I wrote that we have to go with someone we trusts...

You need not apologize and I am not an expert...

-rajum
 
simple math, yet useful info..

Here is a simple math,

As of Jan 15, 2003, I-485 processing date is – 10/15/2001

As of Jan 22, 2004, I-485 processing date is – 01/31/2002

So USCIS took 1 full year to process mere 105 days of I-485 application. So the backlog is not just 2 years (as it may look now) instead it is growing exponentially.

If this continues with the current pace,

Here is how it will look in the future,

As of Jan 22, 2005, I-485 processing date WILL BE – 05/15/2002

As of Jan 22, 2006, I-485 processing date WILL BE – 08/31/2002

As of Jan 22, 2007, I-485 processing date WILL BE – 12/15/2002

So in 2007 the backlog will become 5 years.


As of Jan 22, 2008, I-485 processing date WILL BE – 03/31/2003

As of Jan 22, 2009, I-485 processing date WILL BE – 07/15/2003

As of Jan 22, 2010, I-485 processing date WILL BE – 10/31/2003

As of Jan 22, 2011, I-485 processing date WILL BE – 2/15/2004


So in 2011 the backlog will become 7 years.

Rest is up to your imagination guys.

So this trend should be more worrisome to the applicants as well as the USCIS itself. And imagine the hardship/struggle we will be facing in the years to come…

And how can the USCIS expect us not to get promotion and other career advancements for 7 year. Is this morally/constitutionally right?

So they should act NOW rather than later. Hope, Rajiv should be able to present this to the concerned people.

Note: This data is based on VSC processing dates. Remember VSC is comparatively faster than other service centers when it comes to I-485.

Thanks,
will_be_there
 
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Re: INS and California DMV

Originally posted by ca-to-wa
Hello Mr. Khanna,

Another problem:

Many people on adjustment of status seem to be waiting for months just to get their driving licences from DMV becuase USCIS doesn't seem to be willing to send information to California DMV regarding a persons legal status in this country.

This is a not a major problem, but definitely another source of suffering.

Once again. Thank you very much for your efforts and for bringing on this law suite.
Click to expand...

I already know this issue. There is a whole discussion thread on New Jersey DMV.
 
Re: Didnt know this thread was going on. Heres my 2c

Originally posted by Krishna02
1. Since the meeting is with USCIS/Congress, I think they need to clarify as to when they think the employement based GC petition is the 'applicant's' and not the employer ?
When can I feel that I am being given a GC because I am qualified and not because some crazy employer is supporting me (I have a Masters and 10 years of experience) Making EB1/2 scrutiny so hard, they are just making unskilled GCs easier. I found out that a housewife got GC through EB3 and I am waiting for 4 years)

2. What are the rights of the employee ? Since lot of employers are taking advantage of the employee's in many ways (pay less, threat, cannot take up promotions etc).

3. Can they follow the process of Canada and make immigration simpler. I got my Canada PR with just my Masters and 10 years (anything >4 wil do)

4. What is the rationale behind BCIS wanting repeated application to I765/131 ?

5. What is the BCIS rationale in the delay where 485 the last stage takes 2 years ? What is the requirement of the Labor/I-140 applications ? Labor + 140 takes 2 years and more.
Either they should grant PR or not. The decision is simple. CIA/FBI verification of about 6 months is meaningful. But the overall time of >4 years is meaningless.
Click to expand...


Krishna, labor cert based green cards are a combo of your skills and the job. Changing the system would require action by Congress. CIS cannot do it. I am trying to find a solution within reach. So we can remove the suffering ASAP.
 
Petition question

Dear Rajivji
I have a couple of questions about the following petition?

1st question, My lawyer for my current 140/485 application is not Rajiv khanna. So is it ok for me to sign it ? How can my old lawyer and new lawyer(RKhanna) represent me at the same time?

2nd Question. It asks for alien number? What is it?

3rd question: what is the last date for signing the petition

4th question: My 140/485 ND is only Dec 18th 2003 and the litigation is on Dec 22nd. I am not sure whether I should sign. I thought that this petition is for people who filed in 2001 and 2002. So, Am I eligible to sign the peititon?

Thanks
av35
 
Re: Petition question

Originally posted by av35
Dear Rajivji
I have a couple of questions about the following petition?

1st question, My lawyer for my current 140/485 application is not Rajiv khanna. So is it ok for me to sign it ? How can my old lawyer and new lawyer(RKhanna) represent me at the same time?

2nd Question. It asks for alien number? What is it?

3rd question: what is the last date for signing the petition

4th question: My 140/485 ND is only Dec 18th 2003 and the litigation is on Dec 22nd. I am not sure whether I should sign. I thought that this petition is for people who filed in 2001 and 2002. So, Am I eligible to sign the peititon?

Thanks
av35
Click to expand...

oops !! I forgot to mention the petition link I am referring to

http://boards.immigration.com/anthesys/TrackerPetition/signatoryForm.php?petId=4
 
Light at end of tunnel or ???

Hello Rajiv,

Thanks for the initative to get USCIS on their foot again. I have already lost hope of getting my GC any time soon. I applied in June 2002 and my other TWO friends in Oct and Dec 2001. The guy who applied 485 in Oct 2001 GOT his card in March 2002 and me and other guy are still waiting. I wonder if they will ever process our cases. Also, is it possible to adda clause that if 485 is pending for more than 180 days. 181st day onwards our Naturilization clock starts rather then from the day my case is approved. this would greatly help. Is my request a reasonable one?

Thanks
 
Re: Light at end of tunnel or ???

Originally posted by rsundarr
Is my request a reasonable one?
Click to expand...
No. As has been pointed out before, USCIS cannot do that because it would require an act of Congress. What Rajiv is talking about is a settlement with USCIS.

People persist in posting their 'wish lists' but they are really just spamming this thread without reading it. Ideas like that should be in a 'prospective legislation' thread.
 
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