*** Our Request for Production of Documents and update***

Rajiv S. Khanna

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
Attached is a request asking the govt. to give us some documents. If you folks think of any more documents, list them in this group. Note that this was just the first request. We have many other docs in mind.


The depositions had to be pushed back AGAIN. That is part of the reason I have sent out the request for production. As the schedule stand today, we a have one deposition this Friday (6 August). Then another one a bit later.

I am pretty busy with this effort, but I will keep you informed.
 
If you haven't already thought of this, and if it isn't too late. here is one more reason how people waiting in Florida are being harmed by the delay in processing.

Here in Florida, without a green card I cannot file for Homestead exemption on my property tax. This means 2 things: I'm not eligible for the $25,000 reduction in the taxable property value of my home, and it also means that I am not eligible for the "Save Our home Value" law. This law limits the increase of the taxable value of a home to a max of 3% per year. Since I am not eligible, until I get my green card, the county can increase my taxable home value by the rate at which home values increased in my area. Typical Florida rates are between 12% and 16% per year, depending on the area. That adds up REALLY fast. The green card suddenly is worth lots of money to me, its not just an avenue to get citizenship.

We're talking a couple of thousand dollars a year, or more depending on the value increase of me house!! I've lived in Florida for over 5 years. I've owned a home for over 2 years. I am sure there are others who have been here even longer, and they cannot get Homestead exemption just because they are stuck waiting in line for EVER to get their green card processes.

The hardship I would like to sue for is to get the government to pay be back the difference that I paid in property taxes during the time that my labor certification, I-140 and I-485 were pending. If I were to have owned a home during the entire time, I would estimate the surplus that I paid in property taxes to be approximately between $8000 and $10,000.

Now we're talking real hardship.
 
Can we find out about the procedures at the local office for the Eb transferred cases? It seems to me that they just sit on those files and every local office has different procedures. Some of them follow the original receipt date and some follow the transfer date. Some of them issue a new receipt for the case and some don't. Any info we can get about tranfer and what happens afterwards would help alot. People who have their cases stuck at service center are better off than people who have their case stuck at the local offices, at least they can check their status online. People who have their cases at the local office have to go there and take abuse from the ins worker in order to check the status of their case.

Good Luck
 
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Limit on Posponing Depositions???

Hi Rajiv,

Please is there a limit on the number of times they can postpone depositions? This is looking like the backlog we are fighting against.

Thanks
 
Rajiv,

Do any of the items(perhaps SOP) include the a)mailroom segregation procedures of applications and b)workload distribution units' processes?

Also what could be a possible document for ascertaining performance of individual officer and correction of the same,if needed? (I mean after quality assurance finds the culprit).
 
very good catch Jharkhandi

I am sure Rajiv is also considering this factor, which may leads to long delays...Sorry I mean very very very....long delays
 
Question for Rajiv: 140 Delayed until 485 is approved

Rajiv,

I do not know which documents could cover this procedure but, there is much confusion going on regarding how concurrent 140s are being handled currently.

The latest newletter publication from Attorney Murthy www.murthy.com/news/n_485upd.html basically states that at NSC 140 APPLICATIONS WILL NOT BE APPROVED UNTIL 485 ARE BEING APPROVED).

If this is true, then we can forget about AC21 applicability and also we will have thousands of applicants waiting more than 1-2 years to get their 140s approved. This will increase the 140s backlog.

Do you have any opinion on this matter that could share with us? Is this just speculation or has a true basis?
Thanks in advance for your response
Elnegro
 
I live in Florida as curios george

Hi Rajiv,
I live in Florida as well.CuriosGeorge I just bought my house.
I 'm not living in a castle though..
I knew I had to wait to get my GC before doing it.
So my taxes are not increasing it so much, as well as the value of my house..
But hey... sooner or later we are going to get it this GC...
In the meantime I'm still waiting for FP.
My RD is 09/2002

Andreab67
 
Yes

ZKHAN said:
Can we find out about the procedures at the local office for the Eb transferred cases? It seems to me that they just sit on those files and every local office has different procedures. Some of them follow the original receipt date and some follow the transfer date. Some of them issue a new receipt for the case and some don't. Any info we can get about tranfer and what happens afterwards would help alot. People who have their cases stuck at service center are better off than people who have their case stuck at the local offices, at least they can check their status online. People who have their cases at the local office have to go their and take abuse from the ins worker in order to check the status of their case.

Good Luck
Click to expand...


Yes. We intend to.
 
I think this is it

elcid2000 said:
Hi Rajiv,

Please is there a limit on the number of times they can postpone depositions? This is looking like the backlog we are fighting against.

Thanks
Click to expand...

No more.
 
PLEASE SEE THE DEFINITION OF BACKLOG. IF USCIS HAS TOUCHED YOUR APPLICATION ONCE IN SIX MONTH THEN YOUR APPLICATION DOESN'T FALL UNDER BACKLOG.

THAT IS WHAT I INTERPRET FROM WHAT IS WRITTEN BELOW IN SEOND AND THIRD LINE.

(THE DETAILS WERE COPIED FROM FOLLOWING SITE http://www.ailf.org/ipc/endlesswaitprint.asp -COURTESY CINTA - Defining the Backlog)

"For applicants, however, cycle times are only part of the story. From the agency’s perspective, almost any action taken on an application within its cycle time can keep the case from being classified as part of the backlog, even if the case remains pending. Thus, requests for additional evidence, delays in security checks, and transfer of cases to the Administrative Appeals Office produce a secondary or “hidden backlog” the agency does not account for in its processing time reports {2} These delays can add months or even years to the processing of an application from the time it arrives at the agency until it is granted or denied. If, as Director Aguirre testified, the goal of a backlog reduction strategy is to “provide immigration information and benefits in a timely, accurate, consistent, courteous, and professional manner,” then the plan must begin with an honest assessment of how the agency handles its caseload"
 
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Arlington Office Move

I realize that this is question is not related to this thread but if any one could shed some light on this arlington office move(when are they moving and when they will start working in the new office??)

Thanks
 
Rajiv,

I think we need to get documents related to new PILOT programs too.
We need answers for these questions.

1. Where they are with the PILOT program ?
2. What's the current assesment on PILOT program with respect to Backlog reduction?
3. What's criteria in selecting a case for the PILOT program.
 
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Mr. Khanna,

Would you please ask the strategy and associated documentation behind "I-485 Update : I-140 Approvals Await I-485 Adjudication" which voids AC21 Portability for Employment based applicants.

The new law/process/rules/regulations should not void the existing law rather enhancements/improvements to the law. But, current scenario is "AC21 is void".

See the link below for further details on this.
http://www.murthy.com/news/n_485upd.html
 
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We need to understand their case adjudication process. How are they advancing the 140 processing dates in VSC for example to Jan 2004 when so many cases filed in 2003 are still pending? What is holding up the processing of these cases? It is unfair to advance the processing dates by approving 10% of the cases.
 
Pleased clarify the OHATA MEMO"S

Dear Mr. Khanna,

If you can personally explain to Ms/ Ohata while she may have good intentions,the worst suffering class are those who cannot use AC21 as a result of her memos. they are affected more than ever.

Please ask her to consider allowing freedom to move jobs after 180 days of i-140 and i-485 per murthy this is not required by law but their interpretation of it and this is causing pain and suffering. per some discussuion on murthy chatsite it appears she holds the view that this interpretation can be challenged via a court.
 
Any updates after the 2nd auguat deposition. Are we any close to starting this litigation or are we going to be postponed another 3 times
 
Rajiv,
It is important to ask them to provide statistics of all I485 cases filed from October'2001 onwards (till Dec'03). We should know what's happening to the applications which are pending for more than 6 months. They should provide the different statuses like number of cases filed in that month, number of cases approved, number of cases pending at local/district offices, number of cases for which security clearnace has not come , number of cases for which RFE was sent and response not received and number of cases which are simply pending without the above reasons. When we know the monthly statistics, we will be able to know the true picture of what's going on. These statistics will give some vital clues to strengthen your arguments and they will also help wake up CIS to act on long pending cases on a priority basis.
 
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