**** The Govt. Wants to Postpone the Deposition to August ****

Thought less Methodologies and procedures

yellowcard said:
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
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This is really painful. This reflacts the thought less methodologies and procedures of INS. A lot of people are getting their cases transferred just because of random procedures at INS. Even the normal case adjudications are being done randomly at VSC. On the same day we see approvals for people who have filed their I485 in Oct'2001, April'2002, Nov'2002 and April'2003. How can the daily approvals span over 18 months period ? It is just incomprehensible.
 
I will

ZKHAN said:
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??
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I will ask them about the procedures for local transfer (though not in 245 i context).
 
Time for procedural change

First of all, Thanks from the bottom of my heart and all the best wishes to Mr Rajiv Khanna and all the organizers. Let's hope we hear something positive in the next hearing when we have the director of all four service centers.

If the director agrees in principle with the settlement # 4 issue (which, IMHO, is the most important part of this lawsuit), how long will it take to transform into a procedural change in the way USCIS now operates?
 
Forget about November. My friend GC was approved in July. His was late Dec 2002 case. Very much similiar to mine case.
 
regarding issuing/tracking/linking FP...

Rajiv, can you please ask them how they link FP to an application - is it by SRC number or A#? if it is then why do we need a separate notice to do FP? why can't the applicant just go to the ASC and do FP based on the receipt notice, may be with an appointment? as you are well aware FPs are issued randomly and then they process cases based on FP expiry. this is discrimination against the unlucky ones (including myself).
 
Summary

A couple of points as a summary:

1: Unfair processing as a result of pilot programs, concurrent adjudication memo, etc. Increase of I-485 processing times.
2: Transfers to MSC, Local offices: What is the priority. Why the transfer? It should be noted that the last memo concerning transfers for EB I-485 was I believe in 1998? or 2000? and it was mentioning changing jobs.
3: RFEs: Ability to pay (Yates memo) and recent denials. Other RFEs. The timing of an RFE wrt the processing of I-485. When is an RFE supposed to be issued? Before first FP, before or after second FP or at the last day of an endless cycle of FPs? No response back after submission of the RFE response!
4: FPs: Thre is randomness in issuing first FPs, second FPs or not issuing second FPs. There is ASC linkage also. People wre waiting six months or longer for a second FP! Who is prioritised? First FPs or second FPs?
Further, there is randomness in the way the applications are being processed. Some are simply NOT, waiting for submission of a second FP if a notice ever comes. Some are getting RFEs before second FP and some are getting RFEs at the two year mark; i.e. after seconf FP!
5: Non-uniform adjudication policies based on Service Centers and individual adjudicators: For example, my third EAD was not back-dated as my wife's, both from VSC!

Note that the I-485 SOP (old also wrt so many changes) provides a legal disclaimer for the adjudicators on the first page!
Note also that the director DID NOT ask for any resources/money from Congress despite the evidence that there is lack of resources in the ASCs for FPs and in many other areas!
 
Our POINT is focusing on the DELAY of EB-I485, although random processing, out-of-order processing...are also problems. If we focus on these problems, the process is still slow even if they do orderly, if they don't have some plans to reduce the backlog.

My point is to ask them the solution of EB-I485 delay other than just the solution of orderly,fair processing. So that will speed up all cases processing.
 
getit said:
Our POINT is focusing on the DELAY of EB-I485, although random processing, out-of-order processing...are also problems. If we focus on these problems, the process is still slow even if they do orderly, if they don't have some plans to reduce the backlog.

My point is to ask them the solution of EB-I485 delay other than just the solution of orderly,fair processing. So that will speed up all cases processing.
Click to expand...

And their answer is very simple and widely public: What you see is what you get: The backlogs are defined the way we want to define them and the backlogs will be eliminated in the way we want to do it by the time frame we want to do it: i.e. 2006. This is their solution, in front of everybody's eyes: Confusion...and we do not want more money. This pace is good enough for us!
The points I tried to summarise above have a DIRECT link to the policies they follow to eliminate backlogs and as such they need to be questioned to say the least. What they are telling us is basically to shut up and wait until 2006 when all will get their GCs in 3-4 years and six months (depending on what particular memo is in effect) and the backlogs will be eliminated!
We want to define backlogs the REAL way (see AILA president's comments) and we want to eliminate the backlogs the FAIR way also. In doing so, we have the opportunity to question thier policies. It looks like they fooled Congress once or twice but they will not fool us.

From "www.aila.com" advocacy62904.pdf

Although questioned about
the relatively small budget earmarked for backlog reduction, in stark contrast to that for immigration enforcement, Mr. Aguirre repeatedly denied the need for additional funds to accomplish backlog reduction goals.
 
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Dear Mr. Rajiv,

Couple of questions (reminder) to be asked:

(1) About Missouri/National Benifit Service center:

Why EB I-485 cases transfers to MSC?

What is the reason behind not touching those cases over 10 months after transfer?

Why there is no case transfer notice?

Why there is no statistics about I-485 processing dates?

(before EB transfer, they use to publish that date and after that they stoped it).

Why MSC transfer back such cases to the local office?

(2) Local offices: Atlanta, GA

Why transferred cases were not getting touched/processed over year and half to 2 years?

Thank you and wish you all the best!
 
Please consider these issues also.

They have been clumsy and erratic even in issuing Notice Dates. Some of the Notice dates are within few days of Receipt dates and some are beyond the stipulated 14 days. There is no reason for them to be erratic. Whatever they receive needs to be fed into the system and I presume the system would create the Notice.
One of the hardships being faced is with regards to Driver’s Licence. They are issued till the validity of Visa or I-94 or EAD. It is very difficult to deal with this, without Driver licence, ones’ life is almost at stand still. There is delay in every applications– H1 extensions take about 150 days whereas new H1’s are processed much faster (not the premium).
Processing time for EAD is given as between 60 to 90 days. But there are cases where they have processed before 60 days and some are beyond 90 days. Shouldn’t they be processing sequentially based on the ND and Receipt number. Once Receipt number of a day is picked up they should continue sequentially for that day. Rather we see gaps some are processed / approved, some are left and we see them being processed for other days. There is no consistency or pattern in which they are processing.
As for EAD, any ideas if they are still issuing for one year or multiple years. They were supposed to publish in Federal register and implement it. If there is delay in publishing and implementing a simple change, I wonder how long they would take to make some of the major changes that might be required to reduce the backlogs.
I wonder how many resources work on a given day and how much they achieve each day. Do they have specific targets or work allocated in terms of number of cases or days worth of cases to be dealt. Also why there is inconsistency in following the processes and procedures between different Service centers. Interpretation of the processes and procedures should be same. Some amount of variance in processing time is acceptable, since it could be due to the volumes of applications being handled by each Service Center but not the quality.
As for reporting processing times they can play with statistics as the saying goes ‘There are three kinds of lies Lies, Damned Lies and Statistics’.

Hopefully we will get all the answers. GoodLuck!
 
immigrationwatch numbers

Rajiv,

Please check out the statistics for July. NCS approved only 24 140 cases ! CSC 37.... and so forth
485 approvals also are lousy. Ohata will be to be very creative to explain how things are getting worse by trying to reduce the backlog.
Elnegro
 
Feb 04case Approval

Saw a case on rupnet, 485 approved for RD Feb 2004. LIN-04-xxxxx!!

Donno what to say!!
 
Good Luck

Rajiv,
Good Luck to you for tomorrow's action. At this eleventh hour i would keep myself away from making any requests or giving any suggestions to you. We have been discussing things for a long time. Now it's time for you to get the answers from CIS.
Please update us at the earliest.
 
Hello All,

I know you guys want to focus on 485 backlog. However, I've seen a lot of concerns over dragging I140. If I140 takes more than 180 days to process, the spirit of having AC21 has completely lost. I've seen again and again folks got laid off or wanted to change employment after 180 days of concurrent filing 140/485. I myself have to stick with my current sucky employer because of the pending I140. I might be laid off anytime.

Rajiv, what's your opinion on this issue? Anyone wants to help me coordinate the effort to fight for our rights? please email whorl1quote-other @yahoo.com
 
whorl1quote said:
Hello All,

I know you guys want to focus on 485 backlog. However, I've seen a lot of concerns over dragging I140. If I140 takes more than 180 days to process, the spirit of having AC21 has completely lost. I've seen again and again folks got laid off or wanted to change employment after 180 days of concurrent filing 140/485. I myself have to stick with my current sucky employer because of the pending I140. I might be laid off anytime.

Rajiv, what's your opinion on this issue? Anyone wants to help me coordinate the effort to fight for our rights? please email whorl1quote-other @yahoo.com
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Rajiv,

Would greatly appreciate if you could bring up the AC21 with Ms Ohata. This is a very important issue for a lot of us. As rightly pointed out by "whorlquote", there are a bunch of folks in limbo because we dont know if we can use AC21 if 140 pending but more than 180 days. Can you bring this issue up and request her to clear the confusion reg AC21? It will be great to see that we get the releif. i.e. to be able to use AC21 if 140 pending but more than 180 days.

Thanks again for all your efforts and wish you the best fo rthe upcoming disposition!

Cheers,
 
Need to seek clarification from Ms Ohata on the processing procedures for 140 applications, Ohata memo and AC-21. It is random and definitely NOT FIFO as they claim.
 
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