My conversation with USCIS Lawyer

Priority 140

As 140 is primarily dependent on empoyers financial information, USCIS should be able to make a quick decision on these cases.

If resources are not available to to handles these cases, they should have the provision for priority 140 with more fees (say $1000 more) - hire more resources with this money. Also, this priority 140 option should be extended to both new and EXISTING applications.

Thanks,
masti
 
Dear Mr. Rajiv,

I think, you have better idea then all of us..so I request you to post list of items priority wise that you would like to see settled by UCIS. After that each member can add some missing item.

I think, it would be better than everyone writes comman items again and again in detail.
 
Re: suggestions to solve everyone's problems

Originally posted by functionalalert
I have made a list of suggestions that could immiadetely solve most issues.

1. EAD and AP issued indefinitely till revoked

2. after i-140 is 180 days old employee free to go anyhwere to do anything


3.permanent resident for all practical purposes: i propose that if the I-485 has been pending for 180 days,the person should be considered a permanent resident for all practical purposes including but not limited to access to federal aid in state tuition unemployment beneifts,right to join defense services,purhcase home,run small business etc
this can be suject to applicant passing security and medical checks and there are no exisitng grounds for inadmissibility

what i am saying is after 180 days of i-485 days if there is no rfe,then the applicant is free to do whatever he wants and the only grounds for denial of permanent residence whenver it is approved should be security or health or serious crimes etc.

what i am saying is that most applicants are aggravated due to the fact that they are constantly dependant on somehting. the dependance factor should be erased after 180 days. so what i am saying is that when 180 days of i-140 pending have passed employer cannot cancel anything and employee is a demeed permanent resident (assuming i-485 is pending 180 days) and can get acess to all benefits that a permanent resident would get. this would solve everyone's problem since the only thing pending iis a formal approval or denial but the dependence on employer same or similar job etc are what causes the frustration.

also another question: if some members of this group feel that the government action is unfair can they file seperate lawsuits challenging the action or what. I mean since we have gone so far,let us go all the way to get full justice which cannot be achieved without freedom from dependance.

to draw a simialrity which most class members may be familair is to compare us to a girl in afghanistan who was first dependant on father and brother then husband and son to do anyhting.

how long will they abuse us,they cannot bring back the time we have lost and they appear to show no remorse and there does not appear to be immediate relief. seems like this is a time delaying tactic.but since this is an election year,hopefully they may consider some immiadete relief
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Bear in mind, we can lose in court. This lawsuit raises some serious issues about what the courts can and cannot do. The theory of "separation of powers" says, the three branches: legislature, judiciary and executive cannot normally intervene in each other's busness. I do not want to say too much, but if they make me an offer that takes care of most of our problems (I am making a list from your suggestions and my own), we should consider accepting. But I am not stopping the fight until we have agreed. The fight goes on.
 
First of all I would like to thank you Mr. Khanna for you relentless effort to preserve our rights as immigrants. Your dedication to the immigration community is highly appreciated.

Here is my two cents.


1. AP & EAD valid until case has been adjusted.
2.Portability – 180 days after approval of I140 there should be no restriction on job duties nor salaries of the applicant. We should be allowed to get promotions, change employer & careers and have the right to be self-employed, start a company etc.
 
Thanks Rajiv for your generous efforts to help immigration community

*After 180 days of I485 and I140 application, applicant can switch to different employer.

* EAD and AP need to valid till they(BCIS) approve or deny the pending applications.

*recently BCIS announced that their premium process for H1's are criticized by several people,
so they are hesitant to implement premium process to I140 applications. but based on today's
backlogs people will be glad to see premium process on I140 and i485 applications.


Regards,
VCB
 
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Re: suggestions to solve everyone's problems

function alert has given good suggestions; Summary;

1. Treat green card granted after 180 days of pending 485, till case is decided.

2. Family also gets green card benefits after 180 days of filing 485, till case is decided.

3. No job change limitations of any kind after 180 days pending.

4. Citizenship counter starts 180 days after filing 485.

5. With above, of course, we should not be asked for EAD, AP, FP, Medical etc renewal.
 
Hi Rajiv,
Thanks for the great service for immigration community. Apart from elimination of repeat EAD, Advance Parole and Fingerprinting it is required to get some relief on AC21 portability. What if person holding the same job for more than 2 years after filing I -485 and loose a job and not be able to respond to RFE in case he/she is not able to find similar Job (same or above salary and same job description). According to recent study average time to get another job is 5 months if the job is lost in this economy and getting the same salary with same job description is even difficult in this economy. It is purely due to ineffeciency of USCIS why should that person be denied GC or he/she should have gotten in 180 days. Elimination of AP, EAD and FP shouldn't be an excuse again to prolong I -485 cases for many years.

Regards,
timesa
 
1) Adjudicate the I-485 cases for 2001 files within one month.

2) Adjudicate I-485 withing the stipulated time period 365-450 days (this is a minimum).

3) From our side we volunteer for security checks (if they agree) and if the security checks are bottlenecs in the processing.

4) Also we volunteer for 2nd finger printing if they want, rather then waiting for thier notices.


Extending EAD/AP validity is secondary....

So the basic is immediately adjudicate the pending I-485 files without any delay...We volunteer for fund if they need.

thanks
Sg
 
Remove processing delays

Hello Mr. Khanna:

Thanks Alot for your efforts.

Here are my 2 cents on the topic:

I think that the first priority should be to eliminate the I-140 and I-485 backlogs. The priority dates at CSC have not moved by a day in last six months, which to me appears to be more of a political or management decision rather than excessive workload on their employees.

Next comes the longevity of EAD and Advance Parole documents. If they ask everyone to renew them, they are increasing the workload by having to process the renewals. Otherwise, they can focus on the backlogs.

Regards,
Manish
 
.

Rajiv,

Sounds like they are taking you seriously. That is already a victory. You are doing a terrific job for a great cause.
 
As first I was completely disagree with naanshi, however if you think about it for a moment, he/she is absolutely right.

Here is what I think:

1. Allow a person to change the employer after 6 months of filing 140+485.

2. Start a premium processing for 140 and 485. I am ready to pay additional 2-3K, if I know I will get a guaranteed response with in 3-6 months period. In long term, I would be losing more, if I have to work for the same employer for another 2 years, just for green card.

Use this money to hire new analysts and if they outsource even analysts' job too, I am sure it would get done quickly and more efficiently. ;)

3. There is no need for AP, EAD etc. Either issue a green card in 6 months or deny it. Period. Anyway, AP + EAD takes more than 4/5 months in some states.

I am seriously thinking its not worth waiting indefinately, specially when jobs are moving abroad.

NeedItNow


Originally posted by naanshi
Step 1:
After filing I-140 petition, USCIS has to do a prima review within a Month. (1 month from the Notice Date)

Step 2:
If I-140 documents are O.K. Issue FP notice and make the applicant to complete Finger Printing within a Month.( 2 months from Notice Date)

Step 3:
Approve both I-140 and I-485 together on Same day, after getting security clearance from FBI.(3-5 months from Notice Date)


Notes:
1. Why we will Need EAD or AP, if this whole process completes within 4 to 5 months. (Lot of EAD, AP workload will be reduced, No AC21 issue will come)

2. Transfer the case to Local office only if the applicant has any security issues and no point in transfering one service center to other, because ultimatley some officer from USCIS only has to process the case.



Just my thoughts and I know there will be some practical limitations.


naanshi.
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Meri Atthani

I am sceptic about USCIS and its lawyer's intent. Do you think they cannot do it? I believe delay is done on purpose.

However it is good step forward. I would suggest following points, in this order:

1. AC21 be made clearer for 140/485. Days should be counted from the day 140/485 is filed, else discrepancy is bound to happen.

Ex. A and B applied 140/485 on date XX/YY/ZZZZ. A gets 140 done in 4 months. So A's 6 months for USCIS starts from 180 days of filing 485. B gets 140 done after 12 months. So B's 6 month is equal to 12 months of A. This is not fair. And USCIS needs understand the point that this discrepancy is taking place due to its working.

2. EAD, AP, FP And Medical be done once only. If they need second FP - it should be done in centers itself and person should get card on the same day. (Will help address their concerns about FP data, if any.)

3. Job limitation should not be there. This will help American economy. Some of us would like to get business started and we are loosing prime time of our life waiting in queue and cannot start it. AOS should be treated as AOS and not have string attached to underlying LC and other factors. The essence of AOS is AOS itself and not how much you earn and what designation you hold. It should be trated fairly.

Let us not attach citizenship etc to this issue. It will make mess otherwise.
 
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I totally agree with needitnow.. I am ready to pay more for premium processing of 140 and 485 if we can get an answer within a fixed period. And the extra money should help them in getting rid of funding problems.

I also support the idea of being treated as permanent resident after 180 days of filing of 485&140.
Anything that gives us freedom....
 
My 2 cents

First and foremost Thank You Rajiv!

Apart from the portablity, EAD AP etc... can you also consider

a. citizenship counter starts from the RD of I-485

and/or

b. Minors who have green card or applied for one (through employed parents) and have completed 5 years stay are automatically eligible to naturalization process.


Also I-485 application pending for more than 2 years are automatically considered as APPROVED (with no RFE).
 
Good point,

lets not bring citizenship into this. they may think we are expecting too much.

vcb.
 
Its great that USCIS has finally got our attention. Looks like going to the courts in this country leads to results faster than peititions and pleading. Thanks Rajiv, for your untiring efforts.

The posts seem to indicate many people want many different things, AC21, portability etc. But at the end of the day, this lawsuit is about 485 and its prompt adjudication. I think we should be careful to focus on the main plot... i.e. 485 and not digress to labor/i140/indefinite EAD/AP etc.

USCIS may decide we are bargaining for too much and advise the court of invalid intent. In my opinion, the dealings in this case should focus on immediate and sustained effort at employment 485 backlogs. If in the process other concessions like AC21 rule upgrades are obtained, that's great. AC21 modifications are a subject for congress to address. USCIS does not make the law.
 
Thank you Rajiv!

Well, at last they are talking to some one who truly understand the pain of immigration community. Its a victory in itself. Thank you Rajiv.

I think Premium processing of I-485 would be one option if they guarantee the processing time. I guess most of them don't mind paying a bit more if needed. Why not if few hundred $ can make our life easier?

Second, if we get them to buy the concept of "No RFE after 180 days, would be great!" or if we could propose 365 days incase if they feel 180 days is too aggressive. This would force them to make a decision well before the timeframe set.

Also specially in this tough job market, its not fair to ask an immigrant to keep making same pay for long time. This makes life more difficult incase if someone need to find a new job after 180 days.


Thanks
 
IMMEDIATELY REDUCE CURRENT BACKLOGS

Thank Mr Khanna for your effort.

My suggestions

a)IMMEDIATELY REDUCE CURRENT BACKLOG for i-140/AP/EAD/I485 etc. employment based petitions. This endless indefinite wait is driving me nuts.

b)Improve customer service. There should be some difference between online status check and calling NSC.

c) Set time frame for all petitions approval as suggested by other members.
 
Let us NOT bring citizenship into this.

Its like the cause & effect relationship. If they can fix the root cause of the delay then citizenship can continue to be how it has been.

Of course for the 2001 filers we might have to sacrifice 1- 2 years because of this; but if they fix the 485 delay going forward then future filers will be fine.
 
They should at least make con-current (I-140 and I-485 together) filing mandatory or AC-21 180 days rule should be applicable from the day of filing I-140. Lot of employers are not allowing con-concurrent processing and since I-140 takes forever, we guys are screwed up royally..

Well, all other recommendations are very good also.
 
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