My conversation with USCIS Lawyer

Re: re:

Originally posted by I140helppls
Mr. Khanna.
what is the solution for us guys whose companies will not file i485 till the i140 is approved .our i140 is taking a lot more time in general than the concurrently filed cases.
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No easy solution. I HATE policies like these. If they want to keep you on their payroll, they should do it by contract, not through these mean practices.
 
Re: Light at end of tunnel or ???

Originally posted by rsundarr
Hello Rajiv,

Thanks for the initative to get USCIS on their foot again. I have already lost hope of getting my GC any time soon. I applied in June 2002 and my other TWO friends in Oct and Dec 2001. The guy who applied 485 in Oct 2001 GOT his card in March 2002 and me and other guy are still waiting. I wonder if they will ever process our cases. Also, is it possible to adda clause that if 485 is pending for more than 180 days. 181st day onwards our Naturilization clock starts rather then from the day my case is approved. this would greatly help. Is my request a reasonable one?

Thanks
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In my opinon - yes. Absolutely.
 
Re: Re: Re: Light at end of tunnel or ???

Originally posted by morpheus12
Now I am totally confused. How can an out of court settlement with USCIS 'add a clause that if 485 is pending for more than 180 days. 181st day onwards our Naturilization clock starts rather then from the day my case is approved' (to quote the original poster).

Did I miss something in civics class? Isn't the timeframe for naturalization of permanent residents covered by INA Chapter 12, Subchapter III, Part II, Sec. 1427?

How can a clause in a settlement change the law? Only Congress could do that.
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True. But what if a conditional approval of the GC could be given on the 181st day? That would solve EVERY problem that I can think of.
 
Re: Re: Re: Re: Re: Light at end of tunnel or ???

Originally posted by morpheus12
I think it would be very nice, but I don't think USCIS can make radical changes like that. Apart from the political heat, they would immediately get a countersuit from people like FAIR, AFL-CIO etc, since it would be a stretch to say the INA permits conditional GC approvals now.

I have settled, won and lost multiple lawsuits. I have lost lawsuits after rejecting an offered settlement which makes me very cautious. I think getting AC21 implemented in a way favourable to all, and getting premium processing for green cards would be the path of least resistance. Both of those can easily be done by the USCIS without intervention by Congress.

Put yourself in the shoes of a career bureacrat at the USCIS. Nobody could complain if USCIS implemented AC21 and GC premium processing because they have clearly talked about doing that before. There is a clear precedent, and the implementation is done by USCIS regulations which are within their authority.

But there is no way USCIS can allow the perception that they offered a settlement to immigrants which exceeded their authority granted in INA by Congress. By granting some of the wish list requests I've read here, they would be doing that.

From a bureacrats point of view, it would be much safer for USCIS to let the case drag through the courts for years. Even if the end result was the same i.e. an immigrants wish list (which is not a guarantee), the USCIS could cover themselves by saying a federal judge forced them to do it.

Look at how the INS treated the Catholic Social Services lawsuit. It tooks 17 years for that to get resolved, yet any reasonable observer could have foreseen the INS would lose. This case is probably not as strong as CSS in some respects, as it goes into uncharted territory. If the USCIS offers a reasonable settlement that will help, I think we should take it.

Worst case, if the settlement turns out to be worthless in a year or two, some other group of green card holders could file another suit.

Progress in any cause like this is going to be slow. I know people are frustrated and want a magic solution to all their woes, but it isn't going to happen.
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Thank you. You make some good and sane points. I completely agree. But we have to meet with CIS to see where they are.

I have settled every major litigation I have been involved in- many of them leading to multi-million dollar settlements. Settlement works the best in getting us quick results. So you are right, if we get a resaonable offer, we should take it.

I am going to try and meet with them. Let CIS tell me what they can or cannot do. I will bring it back to all of you. If they are unwilling or unable to assist, we will take our chances in court. At the trial level, we should not have to drag this case. Our motion for summary judgment should be ready to be filed the last week of March or thereabouts. I think this case is eminently disposable by SJ. I just worry about Judge Robertson's "sepration of powers" approach. I have read his rulings. He has had some strong comments against INS, but still ruled in their favor. But we could spend time in appeals.

So next step, let us find out what the government is willing to do for us.
 
Re: Re: Re: Re: Petition question

Originally posted by av35
One more question.
You have asked for Alien No in the petition.
What is it? Is it the EAC receipt no or the Applicant No in our 485 receipt notice?
Is it the I-94 no which we provided as the substitute for Alien no in our 485 application.

I suppose "Date I-485 Was Filed" is the receipt date ? Or is it the Notice date

Thanks
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Alien No. is not the receipt number. But it should be on your receipt. It begins with the letter A.

Date filed is the receipt date.
 
Re: Re: Re: Re: Re: Re: Re: Light at end of tunnel or ???

Originally posted by PhillyJulyLC
Would CIS be more likely to offer a good offer in an election year like this than other times? If several other similar lawsuits are filed against them, would they be serious about the issue? I am ignorant with the INS history, did they ever do better in election years before?
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No idea.
 
Re: Re: Re: Re: Re: Re: Petition question

Originally posted by av35
one last question:

I have applied 485 along with my wife. So, both of us should enter the petition separately. right?
thanks
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Yes.
 
Update: I have asked the govt's counsel

Today I talked to the govt counsel and asked him what did they want from us exactly:

1. a detailed settlement proposal, or

2. Outline of our greivances with possible solutions, etc.......

I told them I have enough data from our community. I can draft what they want. But it may be better to just sit and talk ASAP. So I can get a sense of what the govt. is willing to do. He is calling his clients to figure out the details, and if they want to talk. He can promise nothing

In the meantime, we are continuing the work on the litigation. Settlement talks mean nothing. Until something is agreed upon in writing, the lawsuit goes on.
 
Re: 485 litigation petition

Originally posted by njguy007
I applied for 140/485 with a receipt date of Dec 15th 2003. Am I eligible to sign up for the 485 litigation petition on Immigration.com website?

Or is it only for people with notice date in 2001/2002?

Pls advise sir
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ANYONE who has an employment based 485 pending (and their spouse) can sign. So you can sign. Thanks.
 
Re: EAD Refund

Originally posted by tomerbaz
I agree with all that being said above and want to add one more concern: if the annual renewal of the EAD is really illegal (as suggested in the litigation), the BCIS should refund all the $120 they have charged illegally. My wife and I have already paid this fee 4 times !!

Thanks Rajiv, you're doing a great job.

Tom
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That is a thought. I will think about it.
 
Re: Re: EAD Refund

Originally posted by PhillyJulyLC
Better not go there and make things even more complicated. I suspect one of the reasons for this huge backlog is CIS needs the revenue generated from repeated EAD/AP - if you think about it, how many EAD cases are filed because of 1 year delay of I-485 and how much filing fees would that be ... We should really focus on the removal of the pains these procedures bring us and if necessary we should be willing to pay more as a compromise.

BTW I do hope they'd try to do better in the election year. Anyone has any knowledge about the impact an election year might have on them?
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True. But certainly a good bargaining chip. We could amend the complaint and add a count like that. Although, since this was done prsuant to regs, it would take some work to make a case for refund.
 
Re: Note to Mr. Khanna

Originally posted by smisra
Dear Mr. Khanna,

Clarity of purpose is very important. I am waiting for last 16 months on I485 stage. So it is critical to address the main issue here: I-485 backlog.

No action such as indefinite AP/EAD solves this problem. So a bargaining with the USCIS is tantamount to giving up our goal and focus.

Please stay firm on your stand - there are over FIFTY THOUSAND people in this forum waiting for adjudication of their I-485 application. Their lives, careers, future plans, investments are all at stake.

If we lose after a strong fight, so be it. But it will stay in the history that a group of people fought for their rights. We must fight, especially if the cause that made us start the fight is still there. Let the Supreme Court tell us that our cause and complaint is not just...

You can always negotiate and settle once the heat is up after a few rounds of litigation... if you want to negotiate.

However, IMHO, this is not the time to negotiate... we should press on with our charges. Let the USCIS justify why they have not allocated resources to I-485, in a manner that proves logical. What is logic behind putting more resources behind other green card processes (religious workers for example), just because there is a Sunset Law on it? LEt them be forced to put more resources on I-485.

Let us move forward with clear focus and goal in our mind.

Kind regards,
smisra
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Good points. But, negotiation does not mean settlement. In many ways, this is the best time to settle, before the case has been certified as a class (it is good for us too in some ways). The govt. has the most incentive to settle now. Lots of legal complexities. I want to listen to what the government has to say. If they propose to remove our suffering, I will bring the proposal back to you. Otherwise, we go on.
 
Re: what if we can't get 1000 signatures...

Originally posted by tmc
as of now there only ~360 signatures (i can see some duplicates too). what if we can't get the req. signatures? can the court deny class action then?

also, sometime back i asked a question whether USCIS can just approve these ~400 petitions and then ask the case to be dismissed. will that work for them. thanks.

ps. if you haven't signed it already - SIGN IT.
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Oh no. The court will not deny class action on that ground.
 
Re: Re: Re: Re: Re: Re: Petition question

Originally posted by av35
Dear Rajivji

I have a small suggestion

Pls post a LEGEND with the meanings of the terms on the petition like Alien No, Date !-485 was filed etc?

While browsing through the forum, I see a lot of people having confusion between ND and RD. I am sure many people would confuse EAD No with Alien No etc.

I dont know whether accuracy of the information is important in this petition. If it does, I suggest a legend could be added in the petition page at the bottom

Thanks
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OK. Will do.
 
Re: RE: Communication B/W CIS & Rajiv

Originally posted by Kanadian
Just wondering how the communication is taking place between Rajiv and BCIS. Is it on the basis of as needed or ...is there any schedule already decided when they are going to meet? Or BCIS contacts Rajive whenever they want to talk....any idea folks?

Rajiv thanks for your great support to this community
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No schedule. I just pick up the phone and the Justice Department counsel. He calls his contact in DHS/CIS.
 
Originally posted by rajeevnair32
HI Rajiv,

Thanks for your great work! We will return the favour in years to come!

I have one more issue which I think we should include in the needs for the community - to have them define what "same or similar job" means in AC21 portability.

Does "same or similar job" mean
- the job should have same or similar DOT code.
- allow individuals to progress in their careers. What I mean is we can change employers for same level job or get a promotion.
- allow individuals to be in any geographic location.
- Salary requirements?? I dont know whether this should be a requirement. Naturally, if salary doesnot make sense, why should some one work for it.

Currently, the GC process takes 5-6 years, mean while, the employee cannot accept higher salary or take a promotion. I feel like we should be allowed to take promotions or salary hikes without any kind of worries.

This is a just need, because they have no plans to come up with the defination 3 years after the passage of law.
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Yes. I have this issue down.
 
Originally posted by getit
Rajiv,

Can we mention BCIS that after a period, say one year since I485 has been filed, one is still elegible to be approved even if laid off because no one can guarantee not be laid off within such a long time for AOS, or find another position before RFE after liad off.

Thanks.
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It may not be in their power to give.
 
Re: to sign petition

Originally posted by John_cdn
to sign the petition I need my Alien Number

to get Alien Number I need my receipt notice

How long can I expect to wait for reciept notice? (My lawyer filed I140/485 concurrently about a month ago.)

Thanks to all, and especially to Rajiv for the hard work!
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You can put Alien number as 000000
In the address lines, at the bottom, put the note: "Receipt pending"
 
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