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.
 
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?
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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: 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.
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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.
 
I just got off the phone with the govt lawyers

Originally posted by getit
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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We are not waiting for anything. I am filing the motion for class certification. Then we will take the settlement points over. They can take their time. We have no time. We move on.

In the meanwhile, two members of our gang are working on a summary judgment motion. that will take at least a month or more (comprehensive document covering all aspects of law). Then another couple of weeks at least for me to work it over.

If we have not settled by that time, we will file the SJ motion. Which means, please decide the case without a trial (hence avoiding delay).
 
Originally posted by jose loaiza
Dr. Rajiv, let me reword my question?
If they approve point 4, at the moment of stamping my passport: Would I be required to submit proof of employment with the same or similar position?
Thank you,
Leo
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I will clarfify that. Thanks.

4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card, there being no further evidence of employment required, evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds . This “conditional” approval would carry with it all rights and privileges of Lawful Permanent Residence (green card), including commencement of the time required for naturalization;
 
Re: Is our case a candidate for this suit?

Originally posted by dilemma_struck
Hello Mr. Khanna,

I have signed the petition and all that, but it struck me that we MAY not be able to benefit from this suit right now. This is our situation - can you please tell me if we can expect to get some relief on the basis of this this suit's outcome?

- Husband filed in Aug. 2001 under EB-2 category (we were not married at the time)
- We married in July 2002 in the US. Application was sitting in the NYC local office at the time, with no interview date assigned.
- My derivative application was filed in Sep. 2002 - we were advised, by my husband's company's law firm and the officer in Garden City local office who interviewed by husband, that every effort would be made for the applications to be 'joined', but they never were.
- Husband received GC in Aug. 2003 (approval and card). No word on my application -- any attempt to get it expedited have met with curt responses best paraphrased as "are you nuts?. No grounds for expeditious processing".

Is there a chance that my case would even be looked at in this case - is it still considered something related to an employment based case?

Regardless, kudos to you for doing this! So many of my friends are waiting, and they are all grateful.
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You are included. But I will make it clear:
"To the extent applicable, all the following benefits relate to derivative beneficiaries also."
 
Re: procissing times in USCIS must be the same

Originally posted by Vanek
Hi guys,

I'd like to add one point which seems have not been adequatly addressed in this thread, namely, processing times for 5 CIS centers are quite different. For example TSC is notoriously known as the slowest in processing applications. The difference in processing time for I-485s among TSC and other centers is a year and more. I think we should include as one of the negotiating points equalation of the processing times for EB I-485 between TCS and other centers. That is an organizational problem and it can be fixed inside of USCIS without congressional approval.

Please comment on this issue.
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Once we have our green card, who cares.

see this thread:
http://boards.immigration.com/showthread.php?s=&threadid=114165
 
Originally posted by jose loaiza
Dr. Rajiv, let me reword my question?
If they approve point 4, at the moment of stamping my passport: Would I be required to submit proof of employment with the same or similar position?
Thank you,
Leo
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No.
 
Originally posted by getit
Dear Rajiv,

I have a few concerns about our settlement:
1, For point 4, after conditiaonal GC is approved and stamped, Will everything be the same as the true GC, e.g. counting days for citizen, changeing job safely after half a year without any restriction, etc?

2, How long do we require USCIS to remove the condition? one year or have to wait 5 years? My concern is USCIS will have this condition removal delayed too long.

3, What if USCIS does not agree with us for point 4 AND agree to point 1 ,2? They will allocate their resources to I140 for premium process, and I485 process will be worse than before.

Any way, my suggestion is we know what our next settlement is to reach our goal if some points are not agreed. OUr goal is to reduce I485 backlog.

Thanks
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Let us get some sense of where they are first.
 
Originally posted by getit
Rajiv,

DO you think we need to add I485 premium processing if point 4 is not accepted by USCIS?

Thanks,
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I want us to get in the door and see what they have to say.
 
Re: for rajiv ,cinta all

Originally posted by I140helppls
cintal, rajiv all.
i see that 'total approach ' is the goal .which is nice .this is going to benefit all (including people like me who have just filed their i140). but what i want to know is should i sign the petition .earlier the approach was focussed on only 485 but now i see everyone is being addresses.
pls let me know
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Read the settlement thread. Let us move to that thread all discussions related to that.

http://boards.immigration.com/showthread.php?s=&threadid=114165
 
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 :o
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I am reading all threads. Please do not be offended if I cannot answer each one.
 
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
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You are right. That is why we asking for I-140 premium processing. See?
 
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.
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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.
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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.
 
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!
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No disadvantages.
 
Originally posted by getit
They have asked the second extension. As I remember, they asked the first extension for one month to respond to court till the end of Mar. (It was supposed to be Feb 22) and they are asking extension again. What are they considering? how many times can they ask for extension? do you have any info from them, Mr Khanna?
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Oh, no. Let me explain.

They have till 30 March to answer our Complaint. But the extension was for answering the Class Action motion.
 
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