Settlement Memorandum Sent

Re: The govt said - no

Originally posted by operations
Here is the email I have just received from the govt. counsel:

They believe that many of the requests set forth in your proposed settlement agreement and the Complaint are being addressed as a result of steps that were taken prior to this litigation (i.e. proposed EAD reg, and allocation of more agency funds to adjudicate applications in the future, and other initiatives). "
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The "future" is exactly the problem. We are asking for relief NOW. They have no idea or sympathy for how much people are suffering. Their altitude is very clear. We shall continue to fight.
 
Re: Re: The govt said - no

Originally posted by operations
My response:
"The govt. is wrong in that they are barred by statute. But that argument is really academic at this point. We shall see what the court says. Regards."
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Which statute and which regulations are they referring to??

The Ac-21 infrastructure?
The DHS Act?
The Federal Administrative Procedure Act?

If they have any reservations with the above, they should be writing to Congress and ask for amendments and clarifications, the same way Powell and Ridge did for the Visa/Biometric passport fiasco.........Aguirre is there almost daily nowadays....
 
Re: Re: The govt said - no

Originally posted by hidden_dragon
The "future" is exactly the problem. We are asking for relief NOW. They have no idea or sympathy for how much people are suffering. Their altitude is very clear. We shall continue to fight.
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I think CIS believes if we do not suffer then americans will suffer since most of americans believe that we are competing jobs with them even though that is not true. so cis chooses to suffer us of course.

if you often watch news you will see there is a very strong anti-immigration sentiment recently. i guess the CIS slows down the process mainly due to political and public pressure. lack of manpower and funds are just some excuses
 
Mr. Khanna,

Maybe the thought that most of US citizens have about competing jobs is the reason why teh gov. doesn't want to speed up EB 485 process, it proves in Dallas pilot program that doesn't include EB 485.

As I understand, court debate will be our only option for this problem, is that right? If so, will we have answer from court prior to the end of April which is the extension the gov. asked for?

Do you think what we can do now?
 
I know this is peripheral to the core issue being discussed, but a recent paper published by the American Electonics Association makes a very cogent argument in favor of immigration of skilled people. The paper is regarding outsourcing, but one of their key recommendations is "giving green cards for foreign nationals holding Masters and PhD degrees so they can keep their jobs here and generate new ones".
I have attached the paper here, which can also be downloaded free from www.aeanet.org.

PS: The paper is not exactly 'light reading', so you can skip to the end if you want for recommendations.
 
Originally posted by Pineapple
I know this is peripheral to the core issue being discussed, but a recent paper published by the American Electonics Association makes a very cogent argument in favor of immigration of skilled people. The paper is regarding outsourcing, but one of their key recommendations is "giving green cards for foreign nationals holding Masters and PhD degrees so they can keep their jobs here and generate new ones".
I have attached the paper here, which can also be downloaded free from www.aeanet.org.

PS: The paper is not exactly 'light reading', so you can skip to the end if you want for recommendations.
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Thanks,I put it in one of my threads..a better place.

http://www.immigrationportal.com/showthread.php?postid=732449#post732449
 
I see a lot of posts regarding backlash due to loss of jobs, anti-immigrant sentiment, etc., and would like to share my thoughts. We have gone through the job market tests a few years ago as is required by the law. These requirements were put in place to protect the American workforce. USCIS should not try to delay the process according to personal opinion of some office holders. (I personally cannot say with certainty that it indeed is the case, but am responding to the general feeling that it is). Frankly, I can't see how USCIS can even make a case based the above grounds.
I would think that if there is a feeling that the requirements fall short of protecting the American work force, the law should be revised. The current process is by no means the right way acheive it (I think that it is illegal)
Regarding USCIS's response "eventually" still does not address the issue of potential loss of GC due job loss and the cascading effect of GC's delay on acquiring citizenship.
I wish USCIS was more open in working with us for solutions rather than give an inaccurate statement “the agency is barred by statute and regulation from agreeing to that point.” (regarding point 4)
 
Re: Re: The govt said - no

Originally posted by operations
My response:
"The govt. is wrong in that they are barred by statute. But that argument is really academic at this point. We shall see what the court says. Regards."
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Rajiv,
I need to know what is the basis to expedite a pending I-485 case . I believe our answer to the statute may be there.
TIA
 
Re: Re: Re: The govt said - no

Originally posted by zyu
I think CIS believes if we do not suffer then americans will suffer since most of americans believe that we are competing jobs with them even though that is not true. so cis chooses to suffer us of course.

if you often watch news you will see there is a very strong anti-immigration sentiment recently. i guess the CIS slows down the process mainly due to political and public pressure. lack of manpower and funds are just some excuses
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Very very good point Zyu.

I am really glad that now every body knows what the real problem is. Let me tell you guys a story about myself. I think stories like mine could help Americans (congress, USCIS, Media, ...) to see that immigrants are not putting their jobs at jeopardy.

Almost two years ago, our company was really close to be closed due to financial difficulties and the only way out was to get our product out the door as soon as possible. I and two other non-Americans were the only people in the company who worked nights and days (more than 16 hours a day) to complete the project and the other 20 Americans were really relax. If our company would go down that day, 20 Americans would have lost their jobs too. Actually immigrants saved their jobs!!!

I have no doubt that many immigrants in many companies work really hard to help the economy by keeping their companies running and because of them many Americans can still have their jobs.
 
Re: Re: The govt said - no

This is an expected but "hoped against" development. What will be the next steps? If I have my dates right, Govt has to respond on the original lawsuit before March 30th and the class certification by April 30th? When will the court start hearing the case? Will the court hear both petitions independently or will the court first decide on class certification and then vist the original lawsuit? Will there be a trial date or the arguments starts immediately after the response time expires?

001
Originally posted by operations
My response:
"The govt. is wrong in that they are barred by statute. But that argument is really academic at this point. We shall see what the court says. Regards."
Click to expand...
 
Re: Re: Re: The govt said - no

Originally posted by gambler
Rajiv,
I need to know what is the basis to expedite a pending I-485 case . I believe our answer to the statute may be there.
TIA
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Extraordinary circumstances.

My gut feel is that they do not want to settle. They think if they drag it long enough, we will wear out or they would have made enough changes to answer the court suitably.

By the way, the govt. lawyers were threatening to take depositions (sworn statements/interrogation - in my presence of course) of all plaintiffs. I said sure, I have been dying to depose Bush and Ridge myself. :) They thought that was funny. I don't. If they start a round of depositions, so will we. That is partly why I was asking Cinta nd you all for a list of questions. Good to be prepared months ahead.
 
Re: Re: Re: Re: The govt said - no

Originally posted by operations
Extraordinary circumstances.

My gut feel is that they do not want to settle. They think if they drag it long enough, we will wear out or they would have made enough changes to answer the court suitably.

By the way, the govt. lawyers were threatening to take depositions (sworn statements/interrogation - in my presence of course) of all plaintiffs. I said sure, I have been dying to depose Bush and Ridge myself. :) They thought that was funny. I don't. If they start a round of depositions, so will we. That is partly why I was asking Cinta nd you all for a list of questions. Good to be prepared months ahead.
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It is sad that the Govt. refused to accept our settlement proposal.
I didn't understood the deposition part....what is the threatening part for us except harassing us...we have done our part and we are requesting the CIS to do its part....we asked to implement what is there in the law...do they think that whoever applied for Employment Based employments are fakes....it is not the plantiffs who should be disposed...it is the defendants who needs to be disposed for not implementing the law...for the increase in the backlogs...
(may not be Bush and Ridge but definitely USCIS officials)

No one is asking to circumvent the security..the security of this country is equally dear to immigrants as to citizens...we are raising families here...
we don't want any black moles within our legal immigration community...Every genuine immigrant agrees to this...

Precisely for this reason, the process has to be efficient and quicker...the person is already in the country and one needs to identify faster before that person involves in a terroist activity...

at CP, people are getting in six months..supposedly in CP, the person is outside the country and he is entering the country with Green card...the security check for this person typically need to take more time...but that is fast...an immigration paradox....

-rajum
 
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this is other category and way to harrass but not to act .
The good,the bad and THE UGLY. .......
I am sure this RICH Govt. is going to depose one day ..very soon....
 
Re: Re: Re: Re: The govt said - no

Originally posted by operations
They think if they drag it long enough, we will wear out or they would have made enough changes to answer the court suitably.
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yes, thats what i thouht too. they just want to delay it so that by the time the courts get to see it, they show that there is already a backlog reduction plan in action.

unfortunately all these tactics by USCIS are future solns (as someone mentioned earlier). but we need relief NOW!!! thats why it is important to show it to the court that, by the time they implement all this the person may not be eligible for LPR by losing job or death etc. so why not give it now when he/she is eligible?

i only hope the judge sees our point of view too and gives a decision in our favor. GOD BLESS!!!
 
I had an car accident in Aug 2003 , Luckily survived and I got my 485 approval in total 26 months.

One more very helpful guy ( Kashmir) also had an accident. Luckily he also survived.

One more 485 waiting ,I heard very sad news that her husband passsed away and 485 is waiting from Sept 2001/or 2002 .and husband was primary.

See the Good ,bad ,ugly seen of CIS/INS. seating on each n every applicants file and keeping every ones life on hold indefinately , every day new excuse.
 
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