My conversation with USCIS Lawyer

Hello friends

EAD/AP/Finger printing etc who cares about them if we can get GC(140 AND 485) in 6 months to one year.

I THINK OUR MAIN FOCUS SHOLD BE ON GETTING GC AS FAST AS WE CAN EVEN IF IT MEANS PAYING EXTRA MONEY.IF IT IS NOT POSSIBLE NEXT MOST IMPORTENT THING IS PORTABILITY AFTER 180 DAYS OF FILLING 140 AND 485 WITHOUT ALL THE COMPLICATED CLAUSES THAT WE CURRENTLY HAVE.

Yesterday I am listening to the discussions about guest worker program between the senaters and directors of immigration portal.One senator asked about backlog in visa applications and how much budget is required for reducing backlog and how much more budget is required for implementing guest worker program.
Then the director replied that their goal is to process the applications in 6 months by 2006.

MR RAJIV I want to send mails to all the members on the commetee about the probles legal immigrants are facing because of backlogs and how we all are stuck in our careers.But I don't know their mailids.I f u have any idea can u please post how we can contact them.

Thanks alot.
 
Rajiv, can we ask to separate Security check from GC process

if the stamp means approved, why can we just ask the damn card in 6 months? My sueggestion is to seprate the security check process from GC. Security check can take however long it takes, but we should get the card in six months after simple initial security check. If they find out anything later with in depth check, they can do whatever they want anyway. In criminal law, you are innocent untill proved guilty. Here however everyone is assumed guilty untill proven innocent.
 
Re: Re: ofcourse temp stamp is GC...

Originally posted by jhonyrk
My knowledge on I- 551
I-551 is the stamping issused on our passport for all approved cases of I 485. It is valid for one year hoping that CIS will issuse the plastic card within a year. Now a days even plastic cards takes more than one year. What we are indirectly asking is GC saying will will provide informations instead of you asking us if you make it a long delay.I guess Rajiv is silently laughing on our demand
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LOL yes, that is best way to solve the problem. it also kinda sorta solves the citizenship problem (we can fight for that another day). another thing to remember is that the priority dates (immigrant visa numbers) may come into effect if they approve fast. so once the numbers run out they cannot be blamed on the backlog.
 
Originally posted by Satvika
Hello friends

EAD/AP/Finger printing etc who cares about them if we can get GC(140 AND 485) in 6 months to one year.

I THINK OUR MAIN FOCUS SHOLD BE ON GETTING GC AS FAST AS WE CAN EVEN IF IT MEANS PAYING EXTRA MONEY.IF IT IS NOT POSSIBLE NEXT MOST IMPORTENT THING IS PORTABILITY AFTER 180 DAYS OF FILLING 140 AND 485 WITHOUT ALL THE COMPLICATED CLAUSES THAT WE CURRENTLY HAVE.

Yesterday I am listening to the discussions about guest worker program between the senaters and directors of immigration portal.One senator asked about backlog in visa applications and how much budget is required for reducing backlog and how much more budget is required for implementing guest worker program.
Then the director replied that their goal is to process the applications in 6 months by 2006.

MR RAJIV I want to send mails to all the members on the commetee about the probles legal immigrants are facing because of backlogs and how we all are stuck in our careers.But I don't know their mailids.I f u have any idea can u please post how we can contact them.

Thanks alot.
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Emails etc.

http://econstituent.votenet.com/immigration
 
Originally posted by Satvika
Hello friends

EAD/AP/Finger printing etc who cares about them if we can get GC(140 AND 485) in 6 months to one year.

I THINK OUR MAIN FOCUS SHOLD BE ON GETTING GC AS FAST AS WE CAN EVEN IF IT MEANS PAYING EXTRA MONEY.IF IT IS NOT POSSIBLE NEXT MOST IMPORTENT THING IS PORTABILITY AFTER 180 DAYS OF FILLING 140 AND 485 WITHOUT ALL THE COMPLICATED CLAUSES THAT WE CURRENTLY HAVE.

Yesterday I am listening to the discussions about guest worker program between the senaters and directors of immigration portal.One senator asked about backlog in visa applications and how much budget is required for reducing backlog and how much more budget is required for implementing guest worker program.
Then the director replied that their goal is to process the applications in 6 months by 2006.

MR RAJIV I want to send mails to all the members on the commetee about the probles legal immigrants are facing because of backlogs and how we all are stuck in our careers.But I don't know their mailids.I f u have any idea can u please post how we can contact them.

Thanks alot.
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Money is not the main problem; thre are cases when they had the money and they never used it but rolled it to the next year.
Director is not telling the whole truth/reality about 2006. Promises only. He has nothing to show, so who would believe him? Only name changes, the chane of the oath and electronic EAD. More FPs and security checks and the fact that they captured some criminals!!! Criminals not terrorists!
If you give them more money they will begin more security checks in the middle of the processing also.
You already have means to contact Congress, I guess.
Plaese visit, www.aila.org, congress.org, etc as alternatives.
 
Re: Re: Re: ofcourse temp stamp is GC...

Originally posted by tmc
LOL yes, that is best way to solve the problem. it also kinda sorta solves the citizenship problem (we can fight for that another day). another thing to remember is that the priority dates (immigrant visa numbers) may come into effect if they approve fast. so once the numbers run out they cannot be blamed on the backlog.
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There are two kinds of BAcklogs: One is the waiting to get a current visa and the other is what we are using: i.e. Administrative backlogs/delays (delays in the adjudication process). Both are terrible; for example, AILA plus Democrats refer to Family-based immigration and backlogs..meaning the years one waits for a visa from say Philippines, etc.
The Employment-based are Current. The reason they are current however might be that NOT A LOT ARE BEING ADJUDICATED PER YEAR..it is some kind of a scam...the decision today about the asylees may be of relevance here.

Incidently, Judge Kyle pointed out blank, that this business of YEARLY EAD and AP is illegal!!
Thumps up man! Thumbs up to Minessota also and the ex-Governor..Jessy Ventura.

The asylees whom we support but I think never worked legally like we did in this country are getting justice from a brave judge.

And what he said about the EAD and AP and renewals?? Kiss them goodbuy. We need to use the same argument.

On the work permits issue, the judge said the law clearly requires the
government to issue them to all asylum holders, that it can't require
them to reapply for those documents annually at a cost of $120 as it
now does, and that the permits must remain valid as along as a person
has asylum.

Kyle gave both sides 60 days to negotiate a schedule for complying with
his order, or he'll set the deadlines himself.
 
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Re: Re: Re: Re: ofcourse temp stamp is GC...

Originally posted by cinta
There are two kinds of BAcklogs: One is the waiting to get a current visa and the other is what we are using: i.e. Administrative backlogs/delays (delays in the adjudication process). Both are terrible; for example, AILA plus Democrats refer to Family-based immigration and backlogs..meaning the years one waits for a visa from say Philippines, etc.
The Employment-based are Current. The reason they are current however might be that NOT A LOT ARE BEING ADJUDICATED PER YEAR..it is some kind of a scam...the decision today about the asylees may be of relevance here.

Incidently, Judge Kyle pointed out blank, that this business of YEARLY EAD and AP is illegal!!
Thumps up man!
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Visa numbers my Guess

We can file I 140 only if visa numbers are available. For Employment cases Visa numbers are current since no of people applying for visa is less than the visa number and vice versa for family catogery. He the problem for I 485 is lack of source,security check etc,etc - the lame excuses given by CIS
 
Amnesty

I might seem to much extreme here, but I think we should settle for a kind of amnesty: whoever has a I-485 pending for more than 6 months will receive a renewable GC.
Renewable GC will be valid for 1 year, during which BCIS can confirm or revoke the GC (based on the paperwork).
After one year, if nor heard from BCIS, the GC is permanently and automatically given to the holder.


So basically we'll give 1 extra year to BCIS to do their backgorund check, while at the same time we get the full benefits of having a GC (no AP, no EAD, no AC21...stop with all this temporary papers that only distract BCIS from the main point: GC)

And thank you Mr. Rajiv, really from the bottom of my heart.
 
Originally posted by PhillyJulyLC
Every time I read something like this, I can't help but thinking - "Now here it goes. They have something on top priority again. Other cases, most likely the GC cases will be further delayed..." Look what mess the 245(i), religious worker immigration temination(?) etc brought. Everyone can see there is something inherently wrong with the system. Unless either aggressively increasing funding/personnel or eliminating some current procedures or streamling the process, there is no way out.

That is why I don't agree with premium processing - everyone would pay the additional, so what would change? And who can garantee the revenue would be used in GC processing and how soon would it take effect? Rather I think one time EAD/AP/FP until adjudication (plus portability after 180 days of I-485 regardless of I-140 status) is the way to go. Only by eliminating millions of repeated EAD/AP case could they assign more personnel on I-140/I-485 processing. Interim GC is certainly a rosy scenario, but IMHO it is out of the question. They wouldn't let it happy... my 2c.
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Well, if they want more money from us and agree to premium processing, they'll have to agree to certain timeframe too. For example, $1000.00 each for 140 and 485, and 140 guaranteed within 6 months and 485 with 12 months. H-1B is currently the same way; adjudication is guaranteed in 30 days. I guess, many if not most of us will be happy to pay $2,000.00 or more to buy peace of mind and get done with INS/CIS/BCIS.
 
amnesty

amnesty is for some one who did something wrong.

the last time i checked we were legal immigrants abiding by the unfair and opressive laws

ask yourself a basic question

who are the criminals?

who has done wrong?

we are not asking for amnesty.the illegal aliens are asking for amnesty.

we are asking for JUSTICE AND FREEDOM FROM employer dependence in a reasonable time (6 months)
 
Any idea when the 22000 asylees' case was filed? Would a comparison of timelines between our case that one be relevant?
 
Originally posted by CloseToGod
Well, if they want more money from us and agree to premium processing, they'll have to agree to certain timeframe too. For example, $1000.00 each for 140 and 485, and 140 guaranteed within 6 months and 485 with 12 months. H-1B is currently the same way; adjudication is guaranteed in 30 days. I guess, many if not most of us will be happy to pay $2,000.00 or more to buy peace of mind and get done with INS/CIS/BCIS.
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:) It just struck me that this "feed more money and get things done from the govt., or else wait forever and suffer harassment" scenario is now starting to resemble the situation in India. LOL.
I do agree with the above post, though... I would be willing to pay the money to get this done with.
 
Originally posted by vnair327
:) It just struck me that this "feed more money and get things done from the govt., or else wait forever and suffer harassment" scenario is now starting to resemble the situation in India. LOL.
I do agree with the above post, though... I would be willing to pay the money to get this done with.
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We are looking at the possibility or how realistic this is. I-140 premium processing was once proposed but eventually was indefinetely put off. Why? Because they said they couldn't possibly handle I-140 premium processing (they expected many if not most would pay the premium, which we all think is true) after H1B premium was in place, which some complained had delayed other cases (or other regular H1B) even further. What I am saying is if you want CIS to do what you want them to do, then your request should be something they could do, unless you just want to put it there as a bargaining chip.
 
Precedent?

Something that seems relevant. Courts are taking action against USCIS for their lack of proper management.

It may be likely that the obvious continued failures on part of the USCIS may make for a relatively short lawsuit. IMHO, unless there is significant and timely response to alleviate the backlog, any offer that USCIS may make will likely not result in resolving any issues.

How about exploring the possibility of obtaining a conditional approval of I-140 & I-485, based on a preliminary review within 180 days, subject ONLY to security-related issues to be cleared within the next one year? That way all applicants can go about their lives without any major disruptions.



Some related information that may set some precedent:

The American Immigration Law Foundation hails the ruling of a federal judge today, condemning the former Immigration and Naturalization Service for "widespread," "egregious" and "plainly harmful" violations of law that "constitute nothing short of a national embarrassment."

for full story see:

http://releases.usnewswire.com/GetRelease.asp?id=107-02132004
 
Re: Re: temporary I-551 stamping 180 days after AOS filing

Originally posted by jhonyrk
Agreed.

As per CIS director in his testimony - he said around 97 % of case takes only one minute for security check. If it takes only one minute ,even USCIS district office can do the security checks before issusing the Tem I-551 stamp and not compromising security in any way.In our law suite we need to prove the delays are delebrate and intentional .I wonder how one minute check will create 2 years of backlog ?
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Simple question : why CP takes only 6 months ?
The same security checks as in AOS
must be conducted. I think the reason of this big
difference is that CP is done by different organization
(Department of State I guess). Something must be really
wrong within the USCIS regarding AOS processing.
Looks like the procedures for AOS
processing are inherently inefficient so that
these security checks just expose this inefficiency.

May be we can demand small procedures changes for
the settlement ? For example : CSC paranoidly issues
RFEs for 100% of cases. Since the data required in
most cases are standard, why can't we submit all
the standard RFE data proactively ? In the form
of petition amendment. This may improve the
AOS processing performance.
 
Why CP con be done in 6 months?

You have raised a very good point. I have been thinking about this since long time. If they can finish secrurity checks for CP cases in 2 or 3 months, why 485 cases take long time to do security checks? 2 years in some cases.
 
they will arue they don't have enough manpower, hence ask for more money

Originally posted by gc949
Why CP con be done in 6 months?

You have raised a very good point. I have been thinking about this since long time. If they can finish secrurity checks for CP cases in 2 or 3 months, why 485 cases take long time to do security checks? 2 years in some cases.
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Dear Khanna,

I have a question in mind so I thought I will post here. I may be assuming something fundamentals wrong here, if yes please correct me.

This is a question & answer from immigration.com/faq.

Q153 Do we need a new H-1 for change of employer or can we join using existing EAD?

A153 You should be able to join using EAD, but getting an H-1 for the new employer is safer in case the I-485 is denied.

What does mean by safer? it means using EAD is not a safer! Why INS imposes this knid of restriction. What is the freedom of having EAD card. Why can't we change from EAD to H1b while you can change H1 to H1 as many employers as you want? Now-a-days no one is willing to file H1's. If we opt for new h1b definitely we loose at least 6 out of 10 good opportunities.

We can imagine how difficult for a person in that circumstances. There is no certainty what is going to happen there once we cross the country so he has to prepare for every thing in a short period of time like selling car, items, house etc. Can we do some thing for this ...
 
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But this shouldn't be much a problem, if say we can get the 485 done in 6 months. I think the focus should be get 485 done in a timely manner, rather than seeking for reliefs that make us "safer" while waiting. We will never be "safe" if we have to waiting for 2 or 3 years.

Originally posted by prasa
Dear Khanna,

I have a question in mind so I thought I will post here. I may be assuming something fundamentals wrong here, if yes please correct me.

This is a question & answer from immigration.com/faq.

Q153 Do we need a new H-1 for change of employer or can we join using existing EAD?

A153 You should be able to join using EAD, but getting an H-1 for the new employer is safer in case the I-485 is denied.

What does mean by safer? it means using EAD is not a safer! Why INS imposes this knid of restriction. What is the freedom of having EAD card. Why can't we change from EAD to H1b while you can change H1 to H1 as many employers as you want? Now-a-days no one is willing to file H1's. If we opt for new h1b definitely we loose at least 6 out of 10 good opportunities.

We can imagine how difficult for a person in that circumstances. There is no certainty what is going to happen there once we cross the country so he has to prepare for every thing in a short period of time like selling car, items, house etc. Can we do some thing for this ...
Click to expand...
 
Originally posted by prasa
Dear Khanna,

I have a question in mind so I thought I will post here. I may be assuming something fundamentals wrong here, if yes please correct me.

This is a question & answer from immigration.com/faq.

Q153 Do we need a new H-1 for change of employer or can we join using existing EAD?

A153 You should be able to join using EAD, but getting an H-1 for the new employer is safer in case the I-485 is denied.

What does mean by safer? it means using EAD is not a safer! Why INS imposes this knid of restriction. What is the freedom of having EAD card. Why can't we change from EAD to H1b while you can change H1 to H1 as many employers as you want? Now-a-days no one is willing to file H1's. If we opt for new h1b definitely we loose at least 6 out of 10 good opportunities.

We can imagine how difficult for a person in that circumstances. There is no certainty what is going to happen there once we cross the country so he has to prepare for every thing in a short period of time like selling car, items, house etc. Can we do some thing for this ...
Click to expand...

I am aware of the issues. Hang tight.
 
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