My conversation with USCIS Lawyer

Attached is the gorvernment's request

for extension of time. Just FYI.

PS There are several typos including referring to me as "she." Oh well. I hope we do not make that many errors.
 
Yes, I think this a good point. Renewal of AP, EAD or anything, is and should be used for occasionally delay for certain indiciduals. But nowadays, the renewal becomes a routine operation. Then it brings the question, why renewal in a year, instead of the average time of processing, so most people don;t have to renewal...
However, I think our focus should not be make the renewal less and easy, rather to speed up the whole process, nothing less. I can image they may offer such kind of traps to make us willing to wait longer...


Originally posted by operations
It helps. The law and the facts are different, but it helps.
Click to expand...
 
Re: Attached is the gorvernment's request

Dear Mr. Rajiv & core team.

Since USCIS have asked for extension of time, don't you all think that we also should ask following as a immediate remedial measures:

(1) Adjudicate all EB I485 cases pending over 540 days or 2 years after I-140 approval at any service center or local office. May be a conditional approval. We should atleast ask for the registered members who have supported this case, if not possible for everyone (I prefer for everyone).

(2) Interim EAD issuance policy at local service center shouldn't be after 90 days of filling..it should be after 30 days (30 days rule for asslayee) in case of EAD expiries (for renewal) or emergancy.

Any suggestion/comment?

Originally posted by operations
for extension of time. Just FYI.

PS There are several typos including referring to me as "she." Oh well. I hope we do not make that many errors.
Click to expand...
 
Re: Re: Attached is the gorvernment's request

Originally posted by feb6361
Dear Mr. Rajiv & core team.

Since USCIS have asked for extension of time, don't you all think that we also should ask following as a immediate remedial measures:

(1) Adjudicate all EB I485 cases pending over 540 days or 2 years after I-140 approval at any service center or local office. May be a conditional approval. We should atleast ask for the registered members who have supported this case, if not possible for everyone (I prefer for everyone).

(2) Interim EAD issuance policy at local service center shouldn't be after 90 days of filling..it should be after 30 days (30 days rule for asslayee) in case of EAD expiries (for renewal) or emergancy.

Any suggestion/comment?
Click to expand...

Hmmm. Some basic matters:

First, I represent everyone, registered member or not. We need to bear that in my mind. If we wanted to file a lawsuit just on behalf of our community, we would have done that. But this is for everyone.

Second, I feel it is inappropriate to ask the opposite side to address matters for which they are asking for time. Courts frown upon lawyers not accomodating each other. The request was expected and reasonable.
 
Re: Re: Re: Attached is the gorvernment's request

I agree with you..

Thank you so much!

Originally posted by operations
Hmmm. Some basic matters:

First, I represent everyone, registered member or not. We need to bear that in my mind. If we wanted to file a lawsuit just on behalf of our community, we would have done that. But this is for everyone.

Second, I feel it is inappropriate to ask the opposite side to address matters for which they are asking for time. Courts frown upon lawyers not accomodating each other. The request was expected and reasonable.
Click to expand...
 
Rajiv, Thank You

Dear Rajiv,

I would like to thank you for the great efforts that you have begun in fighting the USCIS delays. We are all indeed very privileged to have you (for the portal that you have provided us etc) to represent us.

Many thanks,
anonymous
 
Operation!

Last time when you called Govt counsel (after the initial conversation for extension of time) , he was to revert back after talking to USCIS . Did he/she revert??

As you can see , people are anxious to hear from you . We all know you have opened this for suggestions and we got plenty of them to come to an agreement or some basic agreement on some as it can't be complete if we let it remain open for more time.

Your "Hang tight " message give lots of hope and expectations so any update would be appreciated by all.

regards and thanks a lot for your attention!
 
stay on course

Registered: Feb 2004
Location:
Posts: 1
stay on course
First think Attorney Khanna for the courage and great work
has has done.

To stay on couse, we should go stright to the bottom of
the problem, i.e., INS discriminate against EB-485 applicants
when it come to immigration benefits application by
repeativelly allocating resource out of EB-485 processing,
and deliberately not processing EB-485.

Therefore, the immediate remedial measures should be
some sort of "affirmative action" , i.e.,recovering the lost processing time on EB-485 by assigning signicant additional resource to EB-485 processing immidiately, and make sure
that never happen again.

I am afraid that raising the other issues like EAD, Ap, I485 portaibility issues with goverment attorney will diminishe case, not enhance the case . Afterall, we are requesting is "processing
immigration benefit with reasonable time frame, not lossening
the criterial for adjustment ". The latter can only be solved through law maker in congress.

Just my 2 cents.
 
Just saw nightline on ABC.. More discussion on how illegals should be put on the path to citizenship since they work, pay tazes etc. Incompetent USCIS director was on. No talk as usual about legal waiters........... Screwed up immigration system....:confused:
 
stay on course

Excellent posting. To the point. I completely agree with 'Fighting'.

________________________________________________
stay on course
First think Attorney Khanna for the courage and great work
has has done.

To stay on couse, we should go stright to the bottom of
the problem, i.e., INS discriminate against EB-485 applicants
when it come to immigration benefits application by
repeativelly allocating resource out of EB-485 processing,
and deliberately not processing EB-485.

Therefore, the immediate remedial measures should be
some sort of "affirmative action" , i.e.,recovering the lost processing time on EB-485 by assigning signicant additional resource to EB-485 processing immidiately, and make sure
that never happen again.

I am afraid that raising the other issues like EAD, Ap, I485 portaibility issues with goverment attorney will diminishe case, not enhance the case . Afterall, we are requesting is "processing
immigration benefit with reasonable time frame, not lossening
the criterial for adjustment ". The latter can only be solved through law maker in congress.

Just my 2 cents.

_______________________________________________
 
I agree with 'fighting'

I completely agree with the following posting by user 'fighting'. We need to stay focussed and settle the issues of backlog in EB-485.

------------------------------------------------------------------------------------To stay on couse, we should go stright to the bottom of
the problem, i.e., INS discriminate against EB-485 applicants
when it come to immigration benefits application by
repeativelly allocating resource out of EB-485 processing,
and deliberately not processing EB-485.

Therefore, the immediate remedial measures should be
some sort of "affirmative action" , i.e.,recovering the lost processing time on EB-485 by assigning signicant additional resource to EB-485 processing immidiately, and make sure
that never happen again.

I am afraid that raising the other issues like EAD, Ap, I485 portaibility issues with goverment attorney will diminishe case, not enhance the case . Afterall, we are requesting is "processing
immigration benefit with reasonable time frame, not lossening
the criterial for adjustment ". The latter can only be solved through law maker in congress.

Just my 2 cents.
-----------------------------------------------------------------------------------
 
Originally posted by Groan
Just saw nightline on ABC.. More discussion on how illegals should be put on the path to citizenship since they work, pay tazes etc. Incompetent USCIS director was on. No talk as usual about legal waiters........... Screwed up immigration system....:confused:
Click to expand...


Remember, it is a republican administration and the incumbent president is running for the office. Not just the USCIS Directors, every immigration official will sing the same song.
 
maybe OffTopic: day dreaming...

if only a law is enacted fast enuff to say that all legals who have stayed for >5 yrs (on any visa like h1b, L1, etc, but legally and paying taxes) are eligible for citizenship and if they process that citizenship within 6 months they can get quite a few votes just in time for the november election.

LOL!!!
 
Thanks for your great effort to address this issue in an effective way.

My comments about the problem:

First of all in my opinion the possibility of loosing / not getting what we need is
quite high because we will get some convenient answers which are readily available from USCIS.
For example, they may argue that, this is absolutely not in their hand because they do not have enough resources including manpower and money to expedite the whole process, which should come from the congress side and requesting congress every year to allocate more money towards this. Also these (multiple) issuances of EAD, FP, AP, etc are the supporting / replacement documents which are required by the law and NOT by USCIS. Even from your information, I understood that, the USCIS lawyer had sent your
notice to the Members of Congress and we do not know when they will take action or at lest
initiate action. Again Congress may pass any laws, which say these backlog, etc should
be reduced by 200X or processing time should be 3 months. The USCIS lawyer can very well
say in the court that all the complaints / requirements from the plaintiffs are considered
now and we would get a very pleasant response from the congress in near future. If we reach this type of situation, do you think, we will win the case? Even in the court, USCIS able to show some
charts that they are managing the resource effectively and produced a very good output in
past times and if the particular society (immigrationportal.com) needs less time for
getting benefits, it is in the hands of Congress and NOT within the scope of USCIS with current working procedures. I do not know whether court can order a congress to pass the laws that we are seeking now.

Instead of requesting USCIS to reduce the backlog and remove the multiple documents
issuances, etc we can argue with some nonsensical procedures are currently being followed /
practiced in USCIS. The number one is FP. We believe that our fingerprint will never change in this universe unless the respective fingers are no longer with the subject person. The same assumption/fact is used in the court of law to solve any cases, which are utilizing the fingerprints. We can argue that this multiple finger printing is waste of time and consume a significant amount of their time and can be used towards other works. Similarly we can find their other unnecessary works and request the court to rectify these. Here the intervention of congress might not be required. Also in the court, we can take example of State issued Driving License (DL). If we compare the DL with EAD these are almost issued for the similar purposes. DL has got the expiration date, name, etc. and can be easily verified by any authority. If the DL is working fine for this country then why not the EAD?. If anybody wants to check the validity of EAD there are many ways to check this. The same way we should find other comparable documents and request USCIS to remove such practices to save their valuable time.

Pal
:mad:
 
Question for Mr. Khanna

Dear Mr. Khanna,

I sent a request to my lawyer for opinion on my intention to sign the petition, my lawyer responded with the following:

"If you want to sign the petition we can not stop you. We do not recommend it because we are not sure what this will mean regarding the representation of your I-485 application. If the lawyers request to represent you in the completion of your case this is something that your employer may not allow. If you choose to sign the petition, please let us know and we would request to review any letters or other communication you may have with the lawyers involved in the class action".

My lawyer was appointed by my employer and is paid by by employer to handle my case. My lawyer and his team have been very helpful in my case over the past few years and I would like to preserve the good working relationship we have. I do not want to give him an impression that I am jumping ship and would like to clarify some of the questions raised. So could you please comment on my lawyer's note "we are not sure what this will mean regarding the representation of your I-485 application".
Also, expense is not my primary concern at this point and I can pay for two lawyers working on two aspects of my case at this stage (if my company decides to not pay for my case any more.)
Thanks,
TheLastMile feels a million miles long.

ND 12/02
Applied for 2nd EAD and 2nd AP.
 
Last edited by a moderator:
No Compromise

Hi Rajivji,

I am so proud and happy that you are shouldering the responsibility of for taking up our cases. If we continue to keep quite we would get nowhere.

There is no way that we legal immigrant should suffer because the INS is not properly staffed, funded or plainly inefficient.

I would like to point that we should stay focused and bring each and every points/issues to the table.

It’s totally outrageous that a person should have to wait for 5 to 6 years just get his GC, it the whole package or process that is the issue that has been unnecessarily split into 3 process of Labor, I-140, and 485(and further subdivided into FP, AP, EAD, etc) and each of the process running into years. There is a lot of duplication of process leading to waste of time and money for both INS and us.

Point out that we are all legal resident here and paying our taxes too (besides all the INS fees) and contributing in numerous ways to America.

Don’t get cold feet and don’t compromise on any issues. Else we would end up on a mere compromise solution or case dismissal.

Fight it out to the last. Each and every point raised should have a solution within a timeframe, nothing short of it is acceptable.

Remember every class action case has always been a winner given the impact and attention it usually gets.

In the end I am sure we will win and in a big way!!!
 
Suggest

Rajiv Thanks for your great efforts.

-I agree with your terms
"Elimination of repeat EAD, Advance Parole and Fingerprinting; counting the I-485 portability from the I-485/I-140 filing rather than from the I-140 approval, etc."
 
Re: Question for Mr. Khanna

Originally posted by ThelastMile
Dear Mr. Khanna,

I sent a request to my lawyer for opinion on my intention to sign the petition, my lawyer responded with the following:

"If you want to sign the petition we can not stop you. We do not recommend it because we are not sure what this will mean regarding the representation of your I-485 application. If the lawyers request to represent you in the completion of your case this is something that your employer may not allow. If you choose to sign the petition, please let us know and we would request to review any letters or other communication you may have with the lawyers involved in the class action".

My lawyer was appointed by my employer and is paid by by employer to handle my case. My lawyer and his team have been very helpful in my case over the past few years and I would like to preserve the good working relationship we have. I do not want to give him an impression that I am jumping ship and would like to clarify some of the questions raised. So could you please comment on my lawyer's note "we are not sure what this will mean regarding the representation of your I-485 application".
Also, expense is not my primary concern at this point and I can pay for two lawyers working on two aspects of my case at this stage (if my company decides to not pay for my case any more.)
Thanks,
TheLastMile feels a million miles long.

ND 12/02
Applied for 2nd EAD and 2nd AP.
Click to expand...


I am surprised.

Send this link to your lawyers:

http://boards.immigration.com/anthesys/TrackerPetition/signatoryForm.php?petId=4


Point out the following language, the last line of the online affidavit:

" We understand that this representation in no way interferes with our pending I-485 representation by other attorneys."


We have nothing to do with representing youbefore USCIS. We are representing you before the Court ONLY. In any case, if it is becoming a pain, do not worry. We will be fine.
 
Rajiv,

What is our schedule? just wait for their response silently till the one-month extension expires or discuss with them and tell them our suggestions for their reference before the extension expires?
 
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