My conversation with USCIS Lawyer

my suggestion

Here is what I think:


After the I-485 has been pending for 180 days (regardless of the I-140 status). one should be able to go to the local INS and get an interim GC, or interim stamp in the passport (conditional permanent residence). Just like the iEAD, same thing, where you can get a temporary one conferring all the benefits without an actual adjudication or even I-140 approval . Perhaps this could be a 551 stamp with a validity of 1 year?

Now I know this sounds like increased workload for the local offices, but bear in mind:

1) Stamping does not take very long
2) The point is that we want all the benefits of a GC, but we don't want to wait 2+ years just for the I-485. Let them process their backlog in peace, while we live our life in peace (with the stamp in the passport after 180 days)
3) It's the same deal as EAD - are the local offices being "punished" for the service centers' inability to process I-765 in less than 90 days?

*** oops I just realized that this idea is quite old by now ***
 
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Temporary GC and I-140 Approval

Wow, these threads are getting so long so quickly, it's impossible to read them all. So I apologize if I'm being repetitive here.

However, it seems to be highly unlikely that USCIS would agree to approving a temporary GC if the 1-140 isn't approved. The entire basis of the employment-based GC process is that there is a need for these types of workers in the economy. If they let you get a GC without an approved I-140, that will open the door to serious rampant abuse of people filing for AOS with no bonafide employment offer whatsoever, just hoping that it will take USCIS more than six months to process the AOS.

That's why I think it's very important that the other piece of the puzzle be that the I-140 must be adjudicated within 180 days (and since I don't think it has anything to do with security checks, that really shouldn't be unreasonable). If an I-485 is pending, say, 150 days, then an officer should be assigned to track down the I-140 petition and adjudicate it one way or the other.

My two cents.
 
priortise the list

We need to priortise the list:

1. Reduction of I-485 back log: assign more officers or speed up the process. This is the main problem with the system with all the service centers, especially CSC.

2. Multi-year EAD and AP: We need to have min 2 year EAD and AP. Period.

3. Portabitliy: Right after I-140/485 filing. dont need to wait till I-140 is approved.

4. No multiple FPs not necessary - FP should be valid for a life time. I am not sure why FP will/should expire after 15mos, does'nt make sense.

thanks Rajeev, for all the help.

regards

Sri
 
re: suggestion

Good job, Rajiv! I have one suggestion. I heard that the H1-B cap has been reached. I think the process of I-485 will be greatly expedite if the BCIS can transfer at least a part of the man force who were assigned to process I-129 cases. I heard they will transfer all of them to I-140. But I think to clean the I-485 backlog is the first priority because it hurts both the I-140 and I-485 filers. Thank you for your effort. Chunhe :eek:
 
Re: re: suggestion

Originally posted by wang000
Good job, Rajiv! I have one suggestion. I heard that the H1-B cap has been reached. I think the process of I-485 will be greatly expedite if the BCIS can transfer at least a part of the man force who were assigned to process I-129 cases. I heard they will transfer all of them to I-140. But I think to clean the I-485 backlog is the first priority because it hurts both the I-140 and I-485 filers. Thank you for your effort. Chunhe :eek:
Click to expand...


I am reading all threads. Please do not be offended if I cannot answer each one.
 
Re: my suggestion

Originally posted by bumblebee
Here is what I think:


After the I-485 has been pending for 180 days (regardless of the I-140 status). one should be able to go to the local INS and get an interim GC, or interim stamp in the passport (conditional permanent residence). Just like the iEAD, same thing, where you can get a temporary one conferring all the benefits without an actual adjudication or even I-140 approval . Perhaps this could be a 551 stamp with a validity of 1 year?

Now I know this sounds like increased workload for the local offices, but bear in mind:

1) Stamping does not take very long
2) The point is that we want all the benefits of a GC, but we don't want to wait 2+ years just for the I-485. Let them process their backlog in peace, while we live our life in peace (with the stamp in the passport after 180 days)
3) It's the same deal as EAD - are the local offices being "punished" for the service centers' inability to process I-765 in less than 90 days?

*** oops I just realized that this idea is quite old by now ***
Click to expand...

I think we should be reasonable in our issues with the CIS...without I-140 approval on what basis one can ask for stamping, even if 485 petition is pending for 180 days...then I believe it cuts the very root of Employment based immigration...

-rajum
 
Re: Re: my suggestion

Originally posted by rajum
I think we should be reasonable in our issues with the CIS...without I-140 approval on what basis one can ask for stamping, even if 485 petition is pending for 180 days...then I believe it cuts the very root of Employment based immigration...

-rajum
Click to expand...

You are right. That is why we asking for I-140 premium processing. See?
 
Re: my suggestion

Why don't we ask for a green card stamp when we get your H-1?

Originally posted by bumblebee
Here is what I think:


After the I-485 has been pending for 180 days (regardless of the I-140 status). one should be able to go to the local INS and get an interim GC, or interim stamp in the passport (conditional permanent residence). Just like the iEAD, same thing, where you can get a temporary one conferring all the benefits without an actual adjudication or even I-140 approval . Perhaps this could be a 551 stamp with a validity of 1 year?

Now I know this sounds like increased workload for the local offices, but bear in mind:

1) Stamping does not take very long
2) The point is that we want all the benefits of a GC, but we don't want to wait 2+ years just for the I-485. Let them process their backlog in peace, while we live our life in peace (with the stamp in the passport after 180 days)
3) It's the same deal as EAD - are the local offices being "punished" for the service centers' inability to process I-765 in less than 90 days?

*** oops I just realized that this idea is quite old by now ***
Click to expand...
:p :p :p
 
Re: Re: Re: my suggestion

Originally posted by operations
You are right. That is why we asking for I-140 premium processing. See?
Click to expand...

Rajiv,
I agree with premium processing and getting resolved before 180 days...



-rajum
 
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Originally posted by operations
Believe it or not, they might even agree to that. In fact, that was one of the matters discussd. But when I first started this lawsuit, my understanding was, I am acting for the whole community, not just imigrationportal.com. But if you folks want only yourself to be approved, I can let another lawyer handle that. They can take over the case. I perceive the narrower representation to be a conflict of interest. I must represent all or none.
Click to expand...

Above 90% of the petitioners registered at immifrationportal.com. If we want to propse this, Everybody will register here. And if everybody are approved in 2 months we are done. Isn't it?
 
Mr. Khanna,

Thank you for the work you are doing, and the sincerity you have shown.

I notice that over 1100 signatures have been attached to the suit. Do you have a number in mind that you consider would render the suit more effective?

If a larger number of plaintiffs *greatly* helps the cause, maybe we can undertake some targeted efforts at getting folks to sign.

One issue that is keeping the numbers down is perhaps the need to reveal A-numbers, etc. Certain segments of the community may be apprehensive about doing this, particularly Muslims and others of Middle Eastern origin, since they perhaps perceive they are the subjects of extra scrutiny and don't want to come off as trouble-makers.

Sadruddin.
 
>So people, get together and draft a bunch of suggestions that I can present to the defendants.

Mr Rajiv: My major concern is about protecting us against of a job loss. Let's say: to survive on job for 4 years with this terrible job outsourcing and present market is not the same as for just 180 days.
What if you demand a protection similar to that that are getting the applicants with pending processing when their dependants' age exceeds 21? More clearly: once 180 days passed, application can't be voided no matter what happens to the job.

God bless you, Sir.
 
10,000 would be a healthy number

Originally posted by SadruddinC
Mr. Khanna,

Thank you for the work you are doing, and the sincerity you have shown.

I notice that over 1100 signatures have been attached to the suit. Do you have a number in mind that you consider would render the suit more effective?

If a larger number of plaintiffs *greatly* helps the cause, maybe we can undertake some targeted efforts at getting folks to sign.

One issue that is keeping the numbers down is perhaps the need to reveal A-numbers, etc. Certain segments of the community may be apprehensive about doing this, particularly Muslims and others of Middle Eastern origin, since they perhaps perceive they are the subjects of extra scrutiny and don't want to come off as trouble-makers.

Sadruddin.
Click to expand...

10,000 is a good number. I see no harm in revealing A numbers. I would easily have my own family members do it. But people have to make their choices.
 
Re: Re: My conversation with USCIS Lawyer

Originally posted by voronv
>So people, get together and draft a bunch of suggestions that I can present to the defendants.

Mr Rajiv: My major concern is about protecting us against of a job loss. Let's say: to survive on job for 4 years with this terrible job outsourcing and present market is not the same as for just 180 days.
What if you demand a protection similar to that that are getting the applicants with pending processing when their dependants' age exceeds 21? More clearly: once 180 days passed, application can't be voided no matter what happens to the job.

God bless you, Sir.
Click to expand...

There are certain thing required by laws. Only Congress can change them. I feel this is the best protection we can get - green card after 180 days.
 
Originally posted by green_fever1
To my thoughts the date for the green card (180 days) should be counted from the day I140 is cleared.
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Then I-140 has to be cleared within 180 days...

the whole purpose of this effort is to remove the uncertainity and hence sufferings involuntarily or voluntarily thronged on us by USCIS ...

-rajum
 
ANY DISADVANTAGES?

Pardon me if someone has asked this before and there already is a response.
Are there any disadvantages in revealing the A# while supporting this petition? Could there be any repercursions from the USCIS like a further delay in the specific cases that have supported? Obviously there should not be going by the right reasoning but we are not always dealt with even hands!
 
Re: ANY DISADVANTAGES?

Originally posted by dev28
Pardon me if someone has asked this before and there already is a response.
Are there any disadvantages in revealing the A# while supporting this petition? Could there be any repercursions from the USCIS like a further delay in the specific cases that have supported? Obviously there should not be going by the right reasoning but we are not always dealt with even hands!
Click to expand...


No disadvantages.
 
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