**** The Govt. Wants to Postpone the Deposition to August ****
- Thread starter Rajiv S. Khanna
- Start date
The First Deposition is on July 22
We will be deposing Ms. Fujie Ohata, Director Service Center Operations.
The second deposition (regarding security clearance etc. will be on 6th August).
I am hard at work. Will update you after deposition.
We will be deposing Ms. Fujie Ohata, Director Service Center Operations.
The second deposition (regarding security clearance etc. will be on 6th August).
I am hard at work. Will update you after deposition.
needluck4GC
Registered Users (C)
Mr Rajiv,
I called you yesterday regarding the I-140 backlog in CSC but guess you were too busy to prepare for the deposition. Anyway, when you have time, would you post some instructions on the thread so we can follow? There are a lot of people in I-140 CSC forum waiting for your response.
Thank you so much for your time and dedication.
needluck4GC
I called you yesterday regarding the I-140 backlog in CSC but guess you were too busy to prepare for the deposition. Anyway, when you have time, would you post some instructions on the thread so we can follow? There are a lot of people in I-140 CSC forum waiting for your response.
Thank you so much for your time and dedication.
needluck4GC
operations said:
USINS's current behavior is unreasonable
Hi, Ravi:
Can you include the following points in your deposition? Thanks.
=======================================================
There are several unfairness in USINS's current questionable procedure:
1. For I-485, they process some of the recently filed, adjust-ready concurrent applications first, which is unfair to many old concurrent 140/485 applicant, as well as non-concurrent applicants.
2. They only process 140 and 485 when the package is "adjust-ready", meaning fingure print and name check got cleared. The big problems with this procedure are:
(a) I-140 waiting time is keeping growing, it is already more than one year now. If one if laid off before I-140 approval, he cannot use AC21.
(b) This procedure can creat an infinit loop for some applicants, according to what BCIS said. For example, my package has one I-140 and two I-485. Both finger print is cleared in April 2004. My name check has been pending in FBI since September 2003 till the future. My spouse's name check has been cleared in April 2004. Since the name check result is only good for 90 days. When first name check got in, the second expires. When the second name check get in, the first is pending. Therefore, the whole package could never be "adjust-ready".
Ravi, when you depoit, can you clarify the questions above, especially how they handle 2(b). If they only adjust it when the whole package is adjust-ready, it is really unfair and unreasonable. Thanks.
Hi, Ravi:
Can you include the following points in your deposition? Thanks.
=======================================================
There are several unfairness in USINS's current questionable procedure:
1. For I-485, they process some of the recently filed, adjust-ready concurrent applications first, which is unfair to many old concurrent 140/485 applicant, as well as non-concurrent applicants.
2. They only process 140 and 485 when the package is "adjust-ready", meaning fingure print and name check got cleared. The big problems with this procedure are:
(a) I-140 waiting time is keeping growing, it is already more than one year now. If one if laid off before I-140 approval, he cannot use AC21.
(b) This procedure can creat an infinit loop for some applicants, according to what BCIS said. For example, my package has one I-140 and two I-485. Both finger print is cleared in April 2004. My name check has been pending in FBI since September 2003 till the future. My spouse's name check has been cleared in April 2004. Since the name check result is only good for 90 days. When first name check got in, the second expires. When the second name check get in, the first is pending. Therefore, the whole package could never be "adjust-ready".
Ravi, when you depoit, can you clarify the questions above, especially how they handle 2(b). If they only adjust it when the whole package is adjust-ready, it is really unfair and unreasonable. Thanks.
Ok
If you have left a message, expect to hear from us by the next business day.
I have noted all messages.
needluck4GC said:
If you have left a message, expect to hear from us by the next business day.
I have noted all messages.
operations said:
I am sure a lot of folks are excited to hear this news - considering the fact that the Ohato memo has raised serious doubts about the use of AC-21 coupled with Nebraska's I-140 processing times [processing??? - sounds like an oxymoron here
].Just to highlight a first-hand experience:
- Considering the current economic slump, client threatens to cut back pay
- New pay will be in violation of H1-LC salary [after cuts to middleman and employer]
- Employer wants me to find another job which implies I will have to deal with middlemen again (Emp knows I can't leave him now and she's got me on the wrong foot!)
- If I leave my current employer, the law says I will violate my GC application rules
- Client is firm on not wanting to lose me and wants to directly hire me (which I like because I get to keep all the dough and I will be more closer to my dream car!)
- Nebraska releases a report every fortnight to remind me they are still processing "September 2003" I-140 cases for the past several fortnights!
Now if only Ms.Ohata could help us out here before I lose my mind
Thanks again Mr.Khanna for taking up our cause and not to mention that I am one among many, eagerly awaiting to hear the outcome...
afshin63130
Registered Users (C)
item 4 of settlement proposal
Thank you Rajiv for your effort.
Now that finally we could get on hold of one of the USCIS directors in front of the judge, is it possible to bring up the item 4 of settlement proposal (being safe after 6 months pending I-485, no subject for denial even if being out of job except for the security issue). Because this delay game that USCIS plays is not fare.
operations said:
Thank you Rajiv for your effort.
Now that finally we could get on hold of one of the USCIS directors in front of the judge, is it possible to bring up the item 4 of settlement proposal (being safe after 6 months pending I-485, no subject for denial even if being out of job except for the security issue). Because this delay game that USCIS plays is not fare.
Yes
I plan to ask.
The person we are deposing is the director of all service center operations. Not just the director of a service center. So she will probably be able to tell us more.
afshin63130 said:
I plan to ask.
The person we are deposing is the director of all service center operations. Not just the director of a service center. So she will probably be able to tell us more.
sbhamidipaty
New Member
AC-21 Portability
I am crossing my fingers to hear a positive reply from the director. Like many others I am also in the same boat
afshin63130 said:
I am crossing my fingers to hear a positive reply from the director. Like many others I am also in the same boat
Rajeev,
Could you ask her what parts, if any, of the EB I-485 adjudication are country-of-origin
specific? I wonder if certain people experience longer delays only due to their
country of birth/citizenship as opposed to the facts of their individual cases. If this
is the case, what is the basis for it in the INA or other US laws.
Thanks,
Could you ask her what parts, if any, of the EB I-485 adjudication are country-of-origin
specific? I wonder if certain people experience longer delays only due to their
country of birth/citizenship as opposed to the facts of their individual cases. If this
is the case, what is the basis for it in the INA or other US laws.
Thanks,
operations said:
I know the answer
There should be no connection.
Waitneb said:
There should be no connection.
CouldNotPost
Registered Users (C)
Good luck Rajeev ! and thank you... they're reaching the end of their dilly-dallying rope...
Dear Rajiv
Will you be asking her about the transfer to local office procedures. Will she be able to tell you more than what we already(they are transferred randomly or they are transferred because 245i ). If they have taken the fee 1000 fee for 245i and the I140 is already approved then why do they transfer the case to the local office? They have already allowed the preson to adjust his status in the country rather than going for the consular process.
Why don't they update the online status after transferring to the local office??
Will you be asking her about the transfer to local office procedures. Will she be able to tell you more than what we already(they are transferred randomly or they are transferred because 245i ). If they have taken the fee 1000 fee for 245i and the I140 is already approved then why do they transfer the case to the local office? They have already allowed the preson to adjust his status in the country rather than going for the consular process.
Why don't they update the online status after transferring to the local office??
Monetary interest??
Dear Rajiv,
Have you though of a possible monetary interset in the backlog delay?
I'm not sure how many EADs and APs are processed every year, but at least each I-485 gets an EAD, so:
1.1 million applications pending times $120 per EAD = 132 million dollars a year
If only 50% of I-485 would get an AP, then:
550,000 applications times $110 per AP = 60.5 million dollars a year
We're talking about $192.5 million/year!!!!!!!!!!! just for the APs and EADs. What do they do with all that money?
You can add the income from the I-485 (which I forgot because it's been so long since I filed...). But with that annual income ALONE I think that ANY company in the universe could process ALL those applications in less than a year.
It might also be beneficial in this trial to investigate where all that money goes.
Dear Rajiv,
Have you though of a possible monetary interset in the backlog delay?
I'm not sure how many EADs and APs are processed every year, but at least each I-485 gets an EAD, so:
1.1 million applications pending times $120 per EAD = 132 million dollars a year
If only 50% of I-485 would get an AP, then:
550,000 applications times $110 per AP = 60.5 million dollars a year
We're talking about $192.5 million/year!!!!!!!!!!! just for the APs and EADs. What do they do with all that money?
You can add the income from the I-485 (which I forgot because it's been so long since I filed...). But with that annual income ALONE I think that ANY company in the universe could process ALL those applications in less than a year.
It might also be beneficial in this trial to investigate where all that money goes.
yellowcard
Registered Users (C)
Transfer cases
Dear Rajiv,
Could you please ask questions regarding to the transferred cases? For example:
. What is the receipt date of the transferred case? My case was received by VSC in March 2002; transferred to Philadelphia in September 2003; Philadelphia ‘received’ my case in April 2004. According to an officer in Philadelphia office, they treat my case as April 2004 case, even though my case had been submitted more than 2 years ago. Because of this, I dare not to move to another state. If I move, the case would be transferred again. Then my receipt time would reset again.
. Do they have any rules to transfer the cases to district offices? My case is NIW case. As I know, most of NIW cases were transferred.
. It’s easy for the service centers to ‘clear’ the entire backlog: just transfer all the cases to district offices. How to make sure they don’t abuse the ‘transfer’.
Thank you very much
Dear Rajiv,
Could you please ask questions regarding to the transferred cases? For example:
. What is the receipt date of the transferred case? My case was received by VSC in March 2002; transferred to Philadelphia in September 2003; Philadelphia ‘received’ my case in April 2004. According to an officer in Philadelphia office, they treat my case as April 2004 case, even though my case had been submitted more than 2 years ago. Because of this, I dare not to move to another state. If I move, the case would be transferred again. Then my receipt time would reset again.
. Do they have any rules to transfer the cases to district offices? My case is NIW case. As I know, most of NIW cases were transferred.
. It’s easy for the service centers to ‘clear’ the entire backlog: just transfer all the cases to district offices. How to make sure they don’t abuse the ‘transfer’.
Thank you very much
abug said:
As if the money they are making is not enough, they have increased the EAD and AP fees to $175. As you have said, INS made so much money in the name of delays, they will hate to lose that luxury. They will use the 'security' mask to cover up their actual motives for inaction and delays.