Settlement Memorandum Sent

Re: Re: USCIS seems to be moving

Originally posted by rajum
This need not be disturbing factor. What typically happens is that if you got pending I-485 , EAD renewal and AP renewal petitions and if 485 petition gets approved then the other two gets denied. These two denials go into that count.

-rajum
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If they are smart, increase the AP and EAD validation period to 3 years, the pending case should drop significantly, considering most of us has filed twice or more for these.
 
Re: Re: Re: USCIS seems to be moving

Originally posted by hidden_dragon
If they are smart, increase the AP and EAD validation period to 3 years, the pending case should drop significantly, considering most of us has filed twice or more for these.
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Exactly, USCIS seems to have been bogged down in self-invented workload of EAD and RFE's. If they have to continue to re-issue EAD's why don't I-485's receipt act as EAD or if they really like to issue plastic card, make their card valid till I-485 is approved/denied.

On RFE's, majority of RFE's are related with 'employer's ability to pay'. Why do they doubt companies like Microsoft, Intel, and Sun. Why can't USCIS check their stock market listing, company fundamentals, balance sheet online and take a decision themselves.

It seems to be complete system breakdown at USCIS.
 
Re: USCIS seems to be moving

Originally posted by jat
Please see this link that was updated yesterday.

http://uscis.gov/graphics/shared/aboutus/statistics/msrjan04/BENEFIT.HTM

It seems that the impact of Rajiv's lawsuit is that USCIS has finally understood that the backlog cannot go forever. Although there has been decrease in the receipts, which has favored their efforts, the real increase in approvals has started coming since Dec 2003, the time when the lawsuit was filed. Disturbing factor is the increase in denials (which might be because of layoffs while waiting for the green card). I am pretty sure they are paying overtime to the adjudicators.

I am hopeful, further stringent steps by the team headed by Attorney Rajiv Khanna would convince the service the need to clear the backlog ASAP.

Jat
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Moving??? The Pending one is graduated in seven digits and Reciept And aprooval in 6 digits. Looks like a current flow in forward and reverse bias flowing thru a diode.
 
Oh no

Originally posted by kashmir
One of defendants hopitalized with severe pancreatitis.
Should it affect our litigation ?
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Not at all. The top bosses delegate these matters to subordinates.
 
point 4th and fingerprinting

One concern/interesting question I have about point 4
is the following: For many fingerprints expired.
If gov. did agree to accept point 4 granting walk in stamping
in its entirety shall we still be subject to the some new backlog of new fingerprint/medical exam request notices?
I cherish hope they will give us a freaking break with this
repeated fingerprinting again as this makes no sense
at all and is just a waste of taxpayer's money.
I am fine with this if this happens right away.
And by the way how do they send a request for fingerprints
automatically again once 15months hits since last fingerprinting?
Again Rajiv, your noble actions will not go forgotten.
 
Rajiv,

Now that its been over ten days since you submitted the settlement proposal is it safe to assume, without jumping to conclusions, that the government has decided to face us in the courts instead of a settlement. Or are you still expecting any positive response from them, if any response at all?

-cmr
 
As per the response of the defendents, they have ask for extension till 3/31/04, so we will have to wait till that date.
 
Labor Certifications

Are there any similar initiatives towards delays in labor certifications, especially at the state level?

I had filed my labor in July 2002 (although VA is currently processing 6/2002) and the delay has been excrutiating.
 
Re: Labor Certifications

mendi,

All LC aspirants are currently hoping for backlog reduction centers to come online. I agree that the delay is excrutiating - Backlog centers were proposed almost 2 years back (at least the study and recommendation was made 2 years ago) but considering that the centers have not yet materialised is a big concern.

PERM is another big ticket item which is being awaited, again, from what I have read, PERM is only going to help people with oodles of experience, but not people with progressive experience :( (from within the current employer/sponsorer), so the LC road is not going to be a fast lane anytime soon (and possibly many who are currently eligible for RIR may have to go the nonRIR route).

I am also very *beeped* at the fact that when LC comes for review, DOL is asking for retest and people who have waited 2-3 years have to compete with experiences listed 2-3 years back when LC was first filed - so unjust :mad:

001
Originally posted by mendi
Are there any similar initiatives towards delays in labor certifications, especially at the state level?

I had filed my labor in July 2002 (although VA is currently processing 6/2002) and the delay has been excrutiating.
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Various questions

1. There is no response form the govt on the settlement offer. I will send their lawyer an email today. Hard to say where they stand.

2. What will hapeen or how the settlement will be implemented - impossible to say. Too soon. We do not have anything yet.
 
...

Rajiv and all core team members, thank you all again for your efforts,

Now, some one posted this link below some time back,
http://people.cs.uchicago.edu/~stefanko/BCIS/index.html#foipa

that talks about a DV Lottery VISA issues and how USCIS actually never made an attempt to check the FBI for the security while at the same time telling applicants the reason for delays is security checks. Apparently they were successful in requesting complete file under FOIA. We can clearly see that at least in these guys cases, FBI(/CIA??) didn't take much time to get back on the request.

To quote the information there
"On 09/30/03 we submitted (using form G-639) a FOIPA request to Chicago USCIS. We asked for in-person review of our file. We weren't quick enough - our file already moved to National Records Center (NRC). We submitted request to NRC using form G-639, this time with Notarized Affidavit of Identity.
We received a response - 80 pages. Out of those 12 were witheld (probably the results of CIA name check). Both documents in the response pertitent to the FBI name check stated that request for name check was sent to FBI on 08/28/03. The check was processed by FBI the same day. The check was downloaded to USCIS computers on 09/10/03. Nobody at Chicago Adjudication Office seemed to care until the lawsuit came along - the check was viewed at USCIS 12:18pm 09/18/03 and 4:02pm 09/18/03.
"
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Should we start to gather such data for some cases (may be just the plaintiffs), so that we can show the court (if/when required) that the delays are purely due to administrative mis-handlng rather than actual times FBI/security checks take? Do you think it will help?
 
Re: ...

Originally posted by PradK

Should we start to gather such data for some cases (may be just the plaintiffs), so that we can show the court (if/when required) that the delays are purely due to administrative mis-handlng rather than actual times FBI/security checks take? Do you think it will help? [/B]
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I think it's a great idea...

If say 1000 people requested the info and if we found out that for 900 people FBI sent out the info within a day..then we can prove that the delay is on part of USCIS and not security checks...

The truth is we know this reality. For CP(consular processing) they will go through the same scheme of security checks and still CP is done within six months. If not, then why discrimination for AOS ?

-rajum
 
Re: Re: ...

Originally posted by rajum
I think it's a great idea...

If say 1000 people requested the info and if we found out that for 900 people FBI sent out the info within a day..then we can prove that the delay is on part of USCIS and not security checks...

The truth is we know this reality. For CP(consular processing) they will go through the same scheme of security checks and still CP is done within six months. If not, then why discrimination for AOS ?

-rajum
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rajum,

1: FBI sending back the FP results, does not mean anything. The USCIS has (and is)the right to check the name, date of birth, origin, even company against any security or fraud suspicion. Nowadays, the databases are scattered among twenty- nine federal agencies. There is not yet a single database, nor they want one fast. The security check excuse is becoming a JOKE, as AILA and others have pointed out. There is no point in doing the checks at the front and the back of every application even for ones that admissibility is no factor...
2: The DV applicant referenced and other DV applicants faced the problem of NOT having their visa being rolled into the next fiscal year (similar to asylees). At least for EB, our visaa are not capped within a fiscal year. There is however a violation of NOT allocating the total number available (140,000 + about 60,000 of family for 03)...

Foe further analysis of RFEs and Security threads see my link:

http://www.immigrationportal.com/showthread.php?threadid=116478
 
Moving Forward

I have been a silent member of this community for the last few weeks and would like to list some actionable items that may benefit and reap most of the scenario.

All of the current supporters should contact their congressmen and senators to solicit their support. Even if your elected rep is anti-immigration, he will realize that this is a legal immigration and may balance out his position by supporting legal immigration. This is an election year and everything is possible. Maybe this website can provide a sample letter so all of us can have a similar message when we write to them.

Secondly we should try to get our story on news. NPR,a/nbc,cbs MSNBC, FOX and CNN seem to have the most coverage. Let's form a team to prepare the story briefs and send it out to most prominent journalists and request some coverage.

Thirdly we may have to spend some $s and put ads in foreign news papers like India Abroad and make our message to invite more people into the class action group. Believe me, there are hundreds of folks who will be excited to join us if they get this info.

Lastly, There should be some voluntary donations accepted for supporting some of the initiatives above.

Great Job Rajiv and Team. You are the best!!!
 
after your lawsuit

Rajiv,

USCIS had sent OMB to reveiw the 2 yrs EAD validity.
But they have said nothing for AP.
Looks like they know our lawsuit and trying to avoid our settlement points.

Here is the link where it says that
http://www.immigration-law.com/

Also something about NSC center
God know how would that work out. Looks like they are buying out time
 
security time

I believe that USCIS director mentioned to the senator committee (this was for the hearing when they asked the director if Bush's policy was implementable) that security checks take only a few minutes. This was published on the CIS website.
 
Re: Re: E-MAIL CAMPAIGN to Ombudsman

Originally posted by hidden_dragon
Just curious, what power does this man have? What has he done since his appointment?
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It doesn't matter.
We should do everything we can do.
 
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