Settlement Memorandum Sent

Oafattah,

You should send a query to BCIS thru your lawyer. As per BCIS's own processing times, your 485 is more than 1 month due.

Regarding the job change, you could look at all the postings related to AC21 (this is the provision in the law that allows you to change jobs). You can change to same or similar jobs (same or similar could be a pretty subjective interpretation).

However, considering that your application could be decided on pretty soon, why do you want to take the risk of some officer interpreting AC21 his own way. Anyway, that is my take on things. What do others have to say on this?

Regards,


extra_dry_gin
 
can someone tell me what applications lead to a green card...

apart from I-485 and I-90 are there any other applications that USCIS processes that lead to a green card? do they mean the consular processing cases? thanks.

background:
i sent a email to USCIS thru' firstgov.gov asking why the USCIS says they process 20,000 gcs whereas the truth doesn't reflect that and this is the reply i got:

<QUOTE>The 20,000 includes new immigrants (admissions) as well as replacement cards, renewal cards, and, adjustment of status cases.</QUOTE>
 
Yes, there is at least one,

which is I-360, Immigration petition for a special immigrant, such as religious worker.
 
Re: can someone tell me what applications lead to a green card...

Originally posted by tmc
apart from I-485 and I-90 are there any other applications that USCIS processes.......
Click to expand...

Thanks for your efforts. Consular processing is done by the State Department not by USCIS.

To the best of my knowledge, I-485 is the only way a new green card can be issued to any kind of immigrant (EB based, family based, asylum, religious worker). I can imagine they are including replacement and renewal cards as well.

I do not understand what they mean by “new immigrant (admissions)”. Does that mean the entry of new immigrants at port of entry? If that is the case, I do not think they should count that work as “green card” as their GC is already issued. Would someone throw some light on this definition?

Is there a way USCIS can be asked to give the break-up of magic number of 20,000?
 
I need clarification please.

I am working in Michigan and have filed my I 485 (employment based) in July 2002. In initial I485 receipt it said that my application will take 390 to 420 days to process, which is about 200 days due. USCIS Online Status Check says “between 570 and 600 days for us to process this kind of case”, which is one month due. Now I don’t know which dates I should reply on. In USCIS SERVICE CENTER PROCESSING TIMES tables for Nebraska says that currently they are processing September 2001! And Detroit district office tables says that they are processing cases filed on January 2003!

Now does anyone know which if these dates are reliable?

Thanks.
Massoodz
 
People,
Please refrain from discussing topics which are not dircetly related to "Settelement Memorandum Sent" on this thread. There are other threads dedicated for specific topics related to delays etc.

No offense, but please keep this thread for the progress/updates/news directly related to litigation only.

Just a thought..

Thanks
 
Re: I need clarification please.

Originally posted by massoodz
I am working in Michigan and have filed my I 485 (employment based) in July 2002. In initial I485 receipt it said that my application will take 390 to 420 days to process, which is about 200 days due. USCIS Online Status Check says “between 570 and 600 days for us to process this kind of case”, which is one month due. Now I don’t know which dates I should reply on. In USCIS SERVICE CENTER PROCESSING TIMES tables for Nebraska says that currently they are processing September 2001! And Detroit district office tables says that they are processing cases filed on January 2003!

Now does anyone know which if these dates are reliable?

Thanks.
Massoodz
Click to expand...


My experience and opinion: If you were to call in about your case, I believe that the dates that the customer service center will match your case against is the last (dates that the service center you filed in is currently processing). Any attempt to investigate the matter by quoting average processing times will pretty much be met with stone-walling, and an inane answer like, "this is all the information we have here", etc.
The dates don't seem to be very reliable, btw. Some cases with RDs after the ones published have been approved, and many with RDs before them are still pending without RFEs!

best,
vn
 
RE: let's face the truth

Let's face the truth is indeed a very interesting post!

To add to it....

Q . Is it legally possible to know the process of running security checks for one typical single case with timeline (+ technical details) in the court? what if demanded by the judge?

Q Is it possible to know that how long a typical EB case takes to adjurn by one officer on an average with and without RFE?

Q IF one is paying for a service to some agency and not getting serviced (in a reasonable time) plus asked to keep paying more every year for keeping the original service request alive, also affecting social life due to restrictions created by that process (like change of job, travel, doing business etc), CAN it classify under some kind of harrasement/blackmailing and/or fraud/cheating?

Q Does it violet natural human rights of freedom to live, function and contribute to the society (eg. doing any jobs/business/schools/travel as per one's choice) till his/her application is processed?

Q Does it violet natural human right to raise voice against inefficient behaviour/lack of will by an agency to provide a service, because one is forced to believe that if that's done individually, his/her case might get screwed up and face the consequences like more RFEs/more $$$/indefinite delays/deportation proceedings etc?
 
Re: RE: let's face the truth

Originally posted by lostinbacklog
Let's face the truth is indeed a very interesting post!

To add to it....

Q . Is it legally possible to know the process of running security checks for one typical single case with timeline (+ technical details) in the court? what if demanded by the judge?

Q Is it possible to know that how long a typical EB case takes to adjurn by one officer on an average with and without RFE?

Q IF one is paying for a service to some agency and not getting serviced (in a reasonable time) plus asked to keep paying more every year for keeping the original service request alive, also affecting social life due to restrictions created by that process (like change of job, travel, doing business etc), CAN it classify under some kind of harrasement/blackmailing and/or fraud/cheating?

Q Does it violet natural human rights of freedom to live, function and contribute to the society (eg. doing any jobs/business/schools/travel as per one's choice) till his/her application is processed?

Q Does it violet natural human right to raise voice against inefficient behaviour/lack of will by an agency to provide a service, because one is forced to believe that if that's done individually, his/her case might get screwed up and face the consequences like more RFEs/more $$$/indefinite delays/deportation proceedings etc?
Click to expand...

Violation of AC-21, DHS Act Section 458 and Violation of the 1947 Federal Administrative Procedure Act. I am not sure about the Paper Reduction Act..............................
 
Originally posted by kailashr
People,
Please refrain from discussing topics which are not dircetly related to "Settelement Memorandum Sent" on this thread. There are other threads dedicated for specific topics related to delays etc.

No offense, but please keep this thread for the progress/updates/news directly related to litigation only.

Just a thought..

Thanks
Click to expand...

100% Agree with you and Administrator should delete all unrelated postings, will you?
 
Re: RE: let's face the truth

Originally posted by lostinbacklog
Let's face the truth is indeed a very interesting post!

To add to it....

Q . Is it legally possible to know the process of running security checks for one typical single case with timeline (+ technical details) in the court? what if demanded by the judge?

Click to expand...

Yes, all those who went for the special registration know it very well, we submitted the passport to them and in an hour they came back with the security check of many people.

It is clear that the security check does'nt take more than 5 minute per person if they really want to check them
 
____________________
Q IF one is paying for a service to some agency and not getting serviced (in a reasonable time) plus asked to keep paying more every year for keeping the original service request alive, also affecting social life due to restrictions created by that process (like change of job, travel, doing business etc), CAN it classify under some kind of harrasement/blackmailing and/or fraud/cheating?

____________________

In my opinion, we are certainly being treated as hostages. (white collar hostage is still a hostage)
 
Re: Re Let's face the truth

USCIS also claims that lack of manpower is another reason for processing delays and it takes a YEAR to get security clearances for appointing a new officer. So how much is the backlog in this case? billions?? What exactly is done in a year??

One more story and want us to believe it...

If USCIS really wants to clear the backlog, why not offer Overtime to current officers??? I am sure most will opt to work extra hours for extra $$$.
If that money is a concern for USCIS, then individual applicant will gladly pay for officer's 30 minutes of work to adjurn his case (even if they charge $150 an hour that's fine...that's negotiable too).

*** If this is implemented nothing needs to be changed at all.
It's just a WILL that matters....and USCIS lacks it for sure...
 
Bottomline

If USCIS is not intentionally delaying the adjudication and if they really want to improve the speed, they would have made some proposals to Rajiv. We haven't seen any response from them for Rajiv's proposals. This shows that they have absolutely no will to do bring any improvements. They are playing delaying tactics. They have absolutely no concerns for the problems we are facing due to the severe limitations on our job portability(and the fear of losing a job and facing deportation). I don't know if they are sadists or ignorants. If i am the judge , i will surely order the USCIS director and other concerned top officials to be put in jail for their fraud.
 
Cinta, help me out here

Give me a list of all the questions we would like to ask the government.

I should be able to make them answer as long as they do not relate to some national security matter.
 
questions ...

Here is some fundamental information we should know that would help us keep our requests reasonable:

Assuming 'typical' cases with no security concerns and requiring no RFE:

What are the procedures a BCIS officer follows for processing each of the following??
- security check
- i485
- i140
- i765

How long do each of these take?

Or, in summary - exactly what does the BCIS officer have to do, and how long does it take him/her to do it?

With out knowing this information, it is difficult for any of us to make reasonable demands (and KNOW they are reasonable).
 
Mr Khanna,

National security issue could be USCIS's excuse for delay. I think it is the only excuse they can defend us, but it is also an excuse that is hard to explain. They can say it needs one year to clear security issue.....blah... So we should prepare answers for any question on sucurity.
 
Re: Cinta, help me out here

Originally posted by operations
Give me a list of all the questions we would like to ask the government.

I should be able to make them answer as long as they do not relate to some national security matter.
Click to expand...

Let me do some work first. Others' inputs are welcome.
 
Also it should be mentioned that there are wide discrepancies between the service centers when it comes to the policies and processing times for EADs, I-140s and I-485s. For eg., Nebraska processes I-140 in 3-4 Months compared to >1 year in Vermont. Why should USCIS not enforce same guidelines across. Also I filed for my AP last year and still processing at Nebraska center. It is a national shame that inspite of more funding and budgets, USCIS is still frontally retarded.
 
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