My conversation with USCIS Lawyer

I have noted the discussions

Congrats Edison. I feel very very good for you and a few other plaintiffs who will soon get approved. Do not lose steam in helping others. You are still in the game.

Just a few notes:

I knew the govt. will try to approve all plaintiffs, so our case gets weaker --- may be. But we had planned for that. Congratulations to those who have made it. My biggest question for the goverment is, what will they do with the plaintiff ImmigrationPortal.Com? This plaintif represents EVERY member who has a 485 pending. Are they going to approve all members leaving out the rest of the world. Also, we have other plaintiffs who represent the rest of the world. Note also that ImmigrationPortal.Com is qualified to represent the rest of the world.

PS One of our plaintiffs developed a serious medical problem. He is worried about his family. The govt., very kindly, is trying to approve his case ASAP. Ultimately, we are all just people, folks. While it may be good for their case to have as many plaintiffs approved as possible - it is nonetheless true that they did accomodate our request in this matter. I am hoping to make them see reason one way or another.

PPS I do appreciate your support and encouragement.
 
Well, here is how it goes.

Originally posted by getit
Rajiv,

If all the plaintiffs listed in the act team are approved soon, will our lawsuit be still valid? Do we have to or can we add more plaintiffs in the list? It seems that BCIS is playing games with us. They just approved the listed plaintiffs and ignored all the others. If so, how to handle this prolem?

What if we add all our members to teh list of plaintiffs?
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ImmigrationPortal.Com is an unshakeable plaintiff. So that is not going anywhere.

Two of the plaintiffs representing non-members have filed their 485's recently. So they should be OK as well.

If we get class certification (which we will be applying for within the next 2 weeks), then there is no issue left about plaintiffs.

There is also good law in our favor even if EVERYONE is approved. The law says, courts should address the issues if the problem still remains, though everyone has received relief.

So i am not worried.
 
Re: signatures for supporting the case...

Originally posted by tmc
will these signatures be handed over to USCIS (along with the names, A# etc)? or we will only furnish them to the court when asked for?
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Only if asked for. But then they become publicly available. If asked, I intend to submit only names and service centers. Nothing else. But court can order more.
 
Originally posted by 4ofUS
Thanks for all your efforts, good to know that the Men in Black are hearing us out.
My concern is related to applicants moving from one service center to another eg(CSC to VSC) after the 180 day limit. I would like INS to continue processing the application at the same service center where application is pending and not transfer it.
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Good suggestion. Noted. Thanks.
 
Re: Dependents Issue

Originally posted by LegalFrustrated
Hi Rajiv,

I did read somewhere in this thread that we need to enter the dependents seperately for the support of the Class Suit.

Shall I have to enter my wife's A number and other details seperately ?
How about my daughter; she is a minor.

Just for reconfirmation.

Thanks for your help.
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Enter them all separately.
 
Re: Re: Well, here is how it goes.

Originally posted by myopinion
Originally posted by operations
ImmigrationPortal.Com is an unshakeable plaintiff. So that is not going anywhere.

Rajiv,

One question.

These 500 odd signatures already rcvd for litigation report. Can't they become plaintiff automatically, if you submit this list/signatures to the court. Like an addendum...

I am not a lawyer, so please excuse such terminology....
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Not automatically. We have to undertake some formalities.
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Re: Pending I485 Family based category AOS's

Originally posted by coolglobal1
Congratulations guys on your success.

I had a question about pending I485 Family category applications.
Does this litigation encompass us too. I have been waiting 10 months after my interview and so have many others.
Infact I am coming up to my second fingerprinting.
Most of us have filed at the district offices.

Any comments?

Thanks.
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Get a group together. Might as well think about another lawsuit.
 
Re: Mr Khanna's analysis

Originally posted by PhillyJulyLC
Mr Khanna,
After so much input from so many people, I wonder if you could give us a brief review of all the suggestions - mainly your initial feeling about what are likely to be achieved immediately or long term, what are simply out of the question. These issues include but are not limited to: 1. Portability without approved I-140; 2. Indefinte EAD/AP/FP; 3. Interim GC; 4. Premim processing; 5. Immediate adjudication of long pending cases; 6. Substantial fee increase to ensure prompt processing; 7. Immediate adjudication of this class action lawsuit signing members(how do you put it anyway?), ect.

Thank you...
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I intend to. I will need a lot of help once I put it all down in writing. In the meantime, invite input from all your friends and acquaintances in similar situation.
 
Re: countability is a big issue

Originally posted by LongLongRoad2GR
the biggest hurdle to the current problem (backlog and others) are lack of countability, aka, INS as a service provider, to customer, immigrats-to-be.

If an application (485 or others) can be treated as a contract with specific service-level, penalty cause due to nonservice or delays, and with remedial cause, could be a good start . Should it be treated as a contract? or can it be implemented as a service contract?
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In my mind, that is impossible.
 
Re: US immigration == false ad --> fraud

Originally posted by LongLongRoad2GR
For INS charges us a fee for its service, it is 'false advertising' to advertise 2-y processing time with a promise of 6-month coming soon, and boom, delayed to 990-999 days as in the case TSC? In a regular consumer service/retail arena, this is definitely a bait & swap.

In a broader sense, the US immigration policy and/or its execution are liable for 'false advertising' , if not for fraud (luring talents to US to be exploited). If not misled by the 'false advertising' and 'false hope' of fast, fair, and reasonable immigration process, I (probably many others too) would have consider and take other viable alternatives such as a much straightforward Canadian GC.

Is there a case based on consumer-rights, instead of constitutional rights?
(disclaimer: I am no lawyer, if that's not obvious)
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I seriously doubt it.
 
Originally posted by Jharkhandi
Rajiv,

These recent 485 approvals - can these be part of INS' effort to reduce backlog - as they had announced couple of days back(20000 GC in one working day). Are they serious about it? Can you throw some light on it?
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I doubt that very much.
 
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 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 ...
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I am aware of the issues. Hang tight.
 
Re: Re: Re: Re: Re: Re: Precedent?

Originally posted by hidden_dragon
This is not completely true. It's your right to file complaint, unless the company explicitly says no in your contract. There are company whose business is involved with goverment, so they may prohbit any conflict. Otherwise even you filed 485 through company, but you still have rights to file complain through another lawyer. For what I know you can file several 485 applications simultaneously. Rajiv may have more comments on this.
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A policy restricting a general class action would be illegal. You are seeking quicker decision - nothing else. That does not in any way interfere with anyone. There is also no problem or conflict even if you work with the govt. These are all myths.
 
Re: LET THE SUFFERING END

Originally posted by naturale2003
Hi All,
I'd like to express my thanks to Mr. Rajeev Khanna and
his team, and all my dear pals who have been pouring
out their heart and mind on the BIG ISSUE.

I entered US in 1998 and My labor was filed in December 2001 and my state labor is yet to be approved. I've been stuck with my company for more than 5 years now. My earnings is not enough to support my family here and in India.
THE DAMAGE HAS BEEN DONE ALREADY. THE IMMIGRATION
SYSTEM IN US IS BASICALLY PLAYING WITH THE HUMANITARIAN
RIGHTS OF US INDIANS. WHO IS THERE TO ASK THESE PEOPLE.
DO THEY SUFFER AS WE SUFFER?
I BEG ALL OF YOU TO UNITE TOGETHER AND FIGHT THIS
ATTROCITY.

SOMETHING MUST BE DONE TO THE PORTABILITY CLAUSE.
I'VE READ ABOUT PEOPLE'S SUGGESTIONS TO START THE
COUNTDOWN FROM I-140/I485 FILING, BUT THINK OF ALL
THOSE PEOPLE WHOSE LABOR HAS BEEN PENDING FOR YEARS.
THIS IS NOT FAIR AND SOMETHING OUGHT TO BE DONE ABOUT
THIS.

A REFORMATION OF THE IMMIGRATION LAWS IS ABSOLUTELY
NECESSARY. THERE ARE PROCESSES AND PROCEDURES WHICH
ARE MEANINGLESS AND PEOPLE ARE PUT TO A LOF OF SUFFERING.

NO ONE IS HAPPY WITH THE WAY THINGS ARE. IS THERE A SINGLE
PERSON. NONE.

I IMPLORE MR. RAJEEV KHANNA TO FIGHT AGAINST THIS
ATTROCITY WHICH HAS BEEN DEPRIVING ALL INDIANS OF
THEIR PEACE AND HAPPINESS.

Regards
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Hang in there. We are all working towards the same end (not just for Indians - for all members of our immigrant community - no matter from which country).
 
I-485 Litigation response ..

If the interim relief sought through the meeting does not blurr the focus on the bigger picture of I-485 back breaking backlog, then it is definitely a great effort.
1. Elimination of repeat EAD, Advance Parole and Fingerprinting; 2. counting the I-485 portability from the I-485/I-140 filing rather than from the I-140 approval, etc.

The above two (as mentioned in Rajiv's mail) are the obvious ones.
3. Besides we should also press for an AC21 with no restriction on keeping the job profile the same etc.. This is a real back breaker since people are stuck to a company and a job and cannot move their career forward when the opportunity passes them by. If this flexibility could be obtained, then, coupled with the two factors above, the major pain-points could be considered addressed.
The above 3 if granted could serve the long term purpose of the people better than "backlog clearance" which, if it happens would be a one time "event" (as it happened in 1999 I guess) and then will slip back to the regular pattern !!
This is not to suggest that we should not press for backlog clearance, but the above three in themselves have the potential to ease most of the pain and should be presented thus, if someone is listening.

thanks again to Rajiv & Co.
Suman
 
Originally posted by cinta
Rajiv,
If I could add something: The recent Minessota federal district judge decision about the asylees: Does it have any positive effect?
Does it set any precedence (legal)?

This judge even questioned the renewal of EAD!
What do you think?

Thanks.
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It helps. The law and the facts are different, but it helps.
 
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