**Suggestions Invited:** Contribution for fixing INS, talk with Rajiv

Silly Man

Silly Man

Volunteer moderator
Contribution for fixing INS, talk with Rajiv

Please see this thread,

http://www.immigrationportal.com/newreply.php?s=&action=newreply&postid=498519

Z2E2 will probably be talking to Rajiv soon about this, and once we have a plan in place we can start a donation fund.

Z2E2, rather than me or another person joining in, lets do this

a) Buy some more time from Rajiv so we can get some core points to discuss
b) In this thread, lets all of us discuss and bring out a few core points that we can discuss with a legal-eagle like Rajiv.


Z2E2, rather than me or another one person joining in, lets do this,

You talk to him, and get everyone's viewpoints on this, and discuss those points with him. So basically we are looking to be able to make a "case" with Rajiv, that will stand on legal grounds.

Everyone please add suggestions on how to make this "case".


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The first point I wanna bring out. I remember reading in TSC forum I think, that someone either talked to Rajiv or Rajiv posted that himself, that saying "INS is taking too long" is not a valid legal argument. However, "INS is being inconsistent" is a legal argument. Now ... TSC is very inconsistent, they approve totally at Random. However, CSC though not as bad, is still inconsistent, as can be proved by the scanners.

So a few points you can discuss with Rajiv are,

1. We have this scanner stuff going on that *PROVES* inconsistencies in INS case assignment and approval process. Ask him if we can consider that as legal grounds,

2. What willingness and co-operation it needs from the person who is scanning that for that to be considered legal.

3. ALSO, what legal reprecussions could befall the scanner guy himself if he does decide to go ahead with this.

----------------------------------------------------
 
What legal case you are trying to make, that INS is inconsistent in approving applications ?
1. Did anytime or anywhere INS said that it will work in FIFO ?
2. JIT is a guide lines not a legal document on which you can fight, it gives you basic idea so that you can put your inquiry.
3. When you get your 485 receipt it says that your case may take 970 days or so, so why are you complaining INS now when you have not completed 970 days?
4. And also it says it "may take" it does not says they it will be decided within so many days.
5. And for Random theory, INS can always says that its their way to do the business, you can not argue why WAC-02-192 has been approved before WAC-02-002.
6. Kashmir's data can not be used as a legal evidence, its just a reflection of what INS is doing and how can you object on their way of doing business.

In nut shell we can not make a legal case against INS.

This is my view.
 
1) Lobby with Congress, Senators office
a) for Premium processing for 485
b) Eliminate same job category, title, salary if 485 is pending for more than six months. The reason technology changes so fast and it is hard keep pace with. Also if somebody filed labor during boom period, chances are they will be getting lesser now..



Any other thoughts ?....
 
Inconsistencies at VSC

What about VSC . It is consistent in I-140 processing. When you track online it says it may take 30-360 days. Is this timing have any meaning and this keeps on increasing.
EB2-I-140 are just not going ahead since at least a month. They (EB2 I-140) used to ( and logically they should) go faster than EB3 but they are lagging behind EB3.
Many cases are get processed faster because they get RFE than the cases with solid foundation.
There should be a proper tracking of cases which should give estimates based on the status of application (line 20 days , 30 days or 60 days) not like 30 to 360 days to each applicant.

thnks
 
more points to add

Enhancement to your point 2) I like the AC-21 part. As long as the person is employed (even if it is at McD, Walmart etc.) the person has to be approved if 6 months has passed since 485 has been filed.
 
"Inconsistency" turns to a bullshit !! It is mere a common sense.

For the sake of a case that is doubtl and is complex, there is no rational to delay the "fair" ones coming on next.

If at all case is formed based on this, it would face the defeat without trial:D:D
 
Re: more points to add

Originally posted by tru
Enhancement to your point 2) I like the AC-21 part. As long as the person is employed (even if it is at McD, Walmart etc.) the person has to be approved if 6 months has passed since 485 has been filed.
Click to expand...

Still more refinement:

Once the applicant completes say 180days, there is no need of further process...Job/no job here / outside...
should be given GC :D:D

else he can walk-in for STAMPING :D:D
 
Re: Re: more points to add

totally agree with you !!!

Originally posted by 1amShantanuB
Still more refinement:

Once the applicant completes say 180days, there is no need of further process...Job/no job here / outside...
should be given GC :D:D

else he can walk-in for STAMPING :D:D
Click to expand...
 
Vipsha,

some of your points can be argued both ways...

Did BCIS say they will process in Random and not in FIFO order?
JIT is a guideline; we know that. It says what timeframe they are processing in. So you would expect them to processing applications **around** that date. That is the logic and idea behind such a report. If they are not following it, then that is inconsistency.

Everybody pays the same fees for 485 processing. So how can they pick applications in random? A delay for everyone is something else, but selective delay... I dont know.

Another point we could argue on is that the fees collected and the $$ alloted for immigration benfits is way out of proportion. It is only fair that the most of the money collected for immigration purpose be used for such.

This is good. Lets take it to some good conclusion. Sick of waiting/anticipation and blowing $$ on EAD/AP .....
 
Vipsha, most of your points are probably correct, even though it is unfair what INS does. I'd still like a legal ear to hear them without our legal views thrown in, who knows they might have a way out ..

Though inconsistencies can be sued upon .. I am SURE of that.

Now if it is an inconsistency like, wac02050 got approved before 0246, that won't fly. But if it is an inconsistency like how could a wac02159 be approved, when a 02046 isn't even ASSIGNED .. yea you can definitely sue based on that.

Another thing, we need some reliable consistent feedback from INS. They need to be reportable to some sort of authority, and whatever bullshit IIO's tell on the phone, should be credible, if not traceble and punishable. Plus, closing out phone lines is not an option, 2 years later, we deserve to know whats going on with the applications (No this is not Russia, secrecy unwelcome).

z2e2, hope ur noting these down, maybe you can post points at the end of the day :) Like meeting minutes?
 
You can push for AC21 written guidelines so that IIO's do't bend it like way they want . Best will be romoval of Salary or above the poverty lines and job profile in Tech Field like if u want to become DBA from Codeing i should be able to do not just wait for GC . ANd Premium processing of 485 is good idea too.
 
ghost-rider, also we could bring out the fact that delaying GC is actually denying opportunities. Say I wanna go ahead get an MBA, I can't ... coz these bozos won't pull their heads out of their asses.

Isn't that denial to opportunity?
 
Premuim processeing

Ghots-rider,

Introducing premium processing for 485 will only result in everybody paying more and going nowhere. Who woudnt want to pay a little more to get GC approved(?) in a few weeks/months?

If all the pending cases were converted to premium processing are we better off or worse, assuming everthing else is same? And that would be a very valid assumption with BCIS.
 
One more thing is the non-movement of JIT. Its stuck on Nov 16th for close to 7 months now. If its only a indication of when they are Processing, does it mean they were doing nothing for 7 months? How come the date didn't move an inch.
 
Re: Re: more points to add

Originally posted by 1amShantanuB
Still more refinement:

Once the applicant completes say 180days, there is no need of further process...Job/no job here / outside...
should be given GC :D:D

else he can walk-in for STAMPING :D:D
Click to expand...

I agree with 1amShantanuB!
(Never thought the day would come...)
 
brokenarrow,

Its us who are assuming that INS should work in FIFO order, but INS never said how they will work.

INS is processing around JIT and few cases here and there, If you have any question you can send FAX.

Lets be realistic no body is having a magic wound that some body will say abra-ka-babra and every thing will fall in to place. Don't forget that here we are talking about a legal fight and not a wish list.

Think what is possible and fissile within boundaries of constitution. You are planing to fight against a Govt.'s baby.

I agree that what ever INS is doing is unfair by all means but don't think that they don't know about this.

If it is a wish list then we can communicate through AILA or Rajiv but if it a legal fight then I don't think we have a strong case so far.

I am sure you can not sue INS over inconsistencies, or infect any other ground.

I don't want to discourage ppl on board but try to accept reality.
 
Originally posted by brokenarrow
Vipsha,

Everybody pays the same fees for 485 processing. So how can they pick applications in random? A delay for everyone is something else, but selective delay... I dont know.
Click to expand...

I agree. We can argue on the emotional grounds, sacrifices and changes to life people make during this 485 process until their GC gets approved. But 6 months of 485 wait = GC or walkin stamping is not gonna happen because of security issues.

We could argue that

1. FP results should be made known to the applicant- like credit card checks. Once the check is done, assuming that is the only check they (can) do, GC should be approved within a few days.
Whats the use of letting FPs expire ?


2. We should be treated better, even if we are not considered answerable, some kind of accountability shoudl be shown when IIOs talk to us or respond to an inquiry. Even if they can not talk to us like customer service guys do, it needs to get better.

3. If somebody can pay more they should definitely have a choice for premium processing. Look at how fast H1Bs get approved. My H1B took 6 months to get approved. Had mine been approved in a month, I would have been 5 months ahead in my GC process. Not that its making a difference! But in general the whole process needs to be streamlined.
 
my 2 cents

Lotsa good thoughts on this thread. I think it would be wise to not lock horns with the INS. Rather, it would be a good idea to use this money to lobby for support with a congress person. I believe that was Z2e2's original thought- let's stick to that!!

Also, I really don't think we have a case to demand anything from BCIS for reasons clearly outlined by vipsha (970 days etc.,)
 
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