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

Rajiv S. Khanna

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
Had a talk with the govt. lawyers. They have offered to have Ms. Ohata (Chief of all the four Service Centers) and one more person testify, but they are available only in August.

I objected and asked them to either produce alternates for Ms. Ohata (like Bill Yates) or give us their Standard Operating Procedures so we can start reviewing them. They have declined.

I am speaking with some of the class members to see if we should go back to the Judge. I will keep you informed.
 
operations said:
I am speaking with some of the class members to see if we should go back to the Judge. I will keep you informed.
Click to expand...


Mr Khanna,
Thank you for the update. Past behavior is a great predictor for future behavior. Unfortunately we experienced in the past that the only way these people act is by pressure. Going back to the Judge sounds like a good idea and will keep him aware of how much resistance we are having from them to give information out.

Elnegro
 
Why do they always act in last minute ? If they have some discipline, we (applicants) would not have been put in such a mess :mad:
 
Thanks for the update Rajiv. Sounds like the USCIS wants to prep its top personnels for a month before deposition. We should go back to the judge and make the USCIS comply with judge's orders.
 
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operations said:
Had a talk with the govt. lawyers. They have offered to have Ms. Ohata (Chief of all the four Service Centers) and one more person testify, but they are available only in August.

I objected and asked them to either produce alternates for Ms. Ohata (like Bill Yates) or give us their Standard Operating Procedures so we can start reviewing them. They have declined.

I am speaking with some of the class members to see if we should go back to the Judge. I will keep you informed.
Click to expand...

Dear Mr Khanna

They only want to delay this as long as possible., you should contact the judge right away(of course after discussing this with the senior member of the forum). They are delaying this to provide us the most knowledgeble person. All they want ot do is break our momentum. I hope and pray that the judge will see right through their plan. If they don't have anyone available right now they should make their SOP's available to your office so you can prepare for the deposition. Now they know what kind of questions you are going to ask and they want to take one month to prepare for the questions.
Good luck our prayers are with you.
 
Dear Mr. Rajiv,

I agree with you that you should immediatly contact judge since this case is a BACKLOG REDUCTION!!!!

Thank you!

operations said:
Had a talk with the govt. lawyers. They have offered to have Ms. Ohata (Chief of all the four Service Centers) and one more person testify, but they are available only in August.

I objected and asked them to either produce alternates for Ms. Ohata (like Bill Yates) or give us their Standard Operating Procedures so we can start reviewing them. They have declined.

I am speaking with some of the class members to see if we should go back to the Judge. I will keep you informed.
Click to expand...
 
I think, all the steps like these are taken by the defendants in order to drag the process of the discovery of the facts out of the timeframe (6 months) that was specified by the judge. We need to notify the judge of any of such steps.

Aso, could we use Freedom of Information Act to request from the USCIS:
-official procedures;
-documents of few sample cases (These that were approved out of order and these that drag on and on). These would show a lot of processing marks and notes by USCIS officers.
That might be hepful in discovery of any deviations of the official procedures.
We could use collected funds for this.

Thanks again for your invaluable eforts.
 
Discovery

Recent developments wrt their memos to eliminate Backlog reduction:

1: Their definition of it and the concurrent adjudication made it even worse for 01, 02 applicants. The Judge should be informed of this.
2: They seem to be holding a lot of cases for second FP with no notification. From the VSC forum, it looks like the Philly ASC is not issuing any second FP notices, even six months or more after first expiry. Should ask the SOP all the way down to the ASCs and the way they operate.
3: Should challenge the further implementation of existing and future memos in the Court.
4: Challenge the USCIS posting of Processing dates as this is a SHAM; They are processing cases up to June 2004!! and they are posting as February 2002. This has an effect in requesting info, expediting, congress contacts, company contacts, etc.
5: Challenge the issuing of second FP notices as unconstitutional, discriminatory and profiling; It looks like somebody got approved in less than 90 days with NO FP at all.

Plus August is a universal vacation time.
 
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Now what?

Either the judge:

1. Sees through the USCIS ploy and takes them to task.
2. Reprimands the USCIS and tells us to wait till August.
3. Takes a vacation himself.

Anything is possible. But I guess that the judge will select option 2 coz It is the politically correct thing to do.

We should go to the judge immediately for recourse, better we know his intentions sooner than later. The judge had made it clear in the earlier deposition that he would not want to be known as a slack judge. Well, let us see.
 
Reconciliation is not possible with this agency

Timing is everything. If it is not too inconvenient, I think it is time to go show the honorable judge that there is a pattern in delays:

1. They made us loose our time in preparing written settlement offer, which I trust was not even considered. It’s sole purpose was to waste the time.
2. The govt. lawyer offered more time to Attorney Khanna for response, which was wisely declined.
3. In the class certification trial, he said he has to go to Italy and
4. now Ohta is not available. Well would the agency stop functioning if one of it’s top official is not available?

I believe that delaying the judge’s intervention would play into the hands of the government. While bringing it to his notice would strengthen our argument of iron wall.

By the way, as per USCIS’s own monthly report, the pending I-485 cases grew by 63,529 in the month of May 2004 alone. They were making steady progress since Jan 2004 and pending cases were lowest in April 2004 (1,174,011).

In the single month of May 2004, the progress made since Jan 2004 has been wiped out. That tells a lot, which way USCIS is heading.
 
this is definitely a delaying tactic...

i hope the judge understands our problems. we have to take it to the judge immediately. USCIS does not give a damn about the problems we face and they want us to suffer for their mistakes (backlog). we have to make it clear to the judge that we made no mistake/crime and yet we are punished and we need relief, IMMEDIATELY!!! GOS BLESS!!!
 
document injury to judge and say time is critical

they have made the suffering worse by intentionally and ruthlessly delaying the i-140 approvals and they continue the repression daily the great repressors will feel the pain in this lifetime. there is divine justice.

how can the govt lawyer sleep at night and vacation in italy after knowing what has happened?

in a case where time is the main complaint, whats the use of delaying this for 15 more years when people need relief yesterday and a law needs to be in place for jail time for this kind of mental repression and destroying so many lives by forcing people into virtual slavery.

mr.khanna sir please keep fighting. how in the greatest country in the world can exist an organization as inefficient and cruel as the uscis. president bush needs to be aware of this. no ordinary american will believe what they did to us.
 
can we advertise in paper with our sufferings...

with the funds collected? will it have a detrimental effect?
 
where the issue if heading

Dear Mr. Rajeev,

Just wondering if you can share you thought on where this case is heading. With thousands of people who are suffering because of this baklog and USCIS is not even bothered and keep on delaying the process. For us each and every day is important and UCSIS can't just ignore our right.
 
Help against CSC I-140 backlog

Mr. Rajeev,

We need your help. I-140 process in CSC is on the standstill. The processing date hasn't moved for a year and a lot of applications are pending for more than a year. While old filers are suffering the extemely delay, we heard some new filers got their approval within very short of the time. It's very unfair and frustrated.

For the concurrent applicants, they can't take advantage of AC21 while I-140 is still pending and for the non-concurrent applicants, they can't go for CP and they may face even more difficulty during the current market downturn.

Waiting for I-140 approval for more than a year doean't make any sense. And the most seriously, CSC seems to freeze the applications filed in late 2003. We want to know when our applications will be processed and we shouldn't wait any longer.

Sorry for posting it in the thread not related to I-140 process. I have no choice but asking for help from you and all the people here who suffer the similar pain.

Please help us....please....

needluck4GC
 
Call me

needluck4GC said:
Mr. Rajeev,

We need your help. I-140 process in CSC is on the standstill. The processing date hasn't moved for a year and a lot of applications are pending for more than a year. While old filers are suffering the extemely delay, we heard some new filers got their approval within very short of the time. It's very unfair and frustrated.

For the concurrent applicants, they can't take advantage of AC21 while I-140 is still pending and for the non-concurrent applicants, they can't go for CP and they may face even more difficulty during the current market downturn.

Waiting for I-140 approval for more than a year doean't make any sense. And the most seriously, CSC seems to freeze the applications filed in late 2003. We want to know when our applications will be processed and we shouldn't wait any longer.

Sorry for posting it in the thread not related to I-140 process. I have no choice but asking for help from you and all the people here who suffer the similar pain.

Please help us....please....

needluck4GC
Click to expand...


Call me.
 
needluck4GC said:
Mr. Rajeev,

We need your help. I-140 process in CSC is on the standstill. The processing date hasn't moved for a year and a lot of applications are pending for more than a year. While old filers are suffering the extemely delay, we heard some new filers got their approval within very short of the time. It's very unfair and frustrated.

For the concurrent applicants, they can't take advantage of AC21 while I-140 is still pending and for the non-concurrent applicants, they can't go for CP and they may face even more difficulty during the current market downturn.

Waiting for I-140 approval for more than a year doean't make any sense. And the most seriously, CSC seems to freeze the applications filed in late 2003. We want to know when our applications will be processed and we shouldn't wait any longer.

Sorry for posting it in the thread not related to I-140 process. I have no choice but asking for help from you and all the people here who suffer the similar pain.

Please help us....please....

needluck4GC
Click to expand...


Besides your delays on I-140, check the denials report also!

Employment-Based Immigrant Visa Denials Increase

Employment-based immigrant visa petitions are more likely to be denied now than ever
before. Although adjudication trends vary significantly from one CIS Regional Service
Center to the next, a most revealing statistic came from the CIS’s California Service Center
(CSC), which has jurisdiction over all employment-based green card applications for the
states of California and Arizona. Presently, less than 50% of all employment-based
immigrant visa petition are approved by the CSC. Just four years ago, the CSC approved
90% of all employment-based immigrant visa petitions.

An employment-based immigrant visa petition is filed by an employer on behalf of the
foreign national under most circumstances. In most cases, the DOL must first certify that
the foreign national has an offer of employment for a job for which there is a demonstrated
labor market shortage of qualified U.S. workers. For multinational executives and
managers and for outstanding researchers and university professors, an application can be
filed by the employer directly with CIS without the employer having to go through the
DOL’s labor certification process. Foreign nationals of extraordinary ability who have risen
to the top of their field as evidenced by sustained acclaim, and foreign nationals of
exceptional ability or with an advanced degree who are engaged in work that serves the
national interest, may file an employment-based immigrant visa petition by and on behalf of
themselves, and do not need a sponsoring employer to file on their behalf. Foreign nationals
and employers petitioning for such immigrant visas should seek advice on how to avoid
denials of their applications.
 
Why following cases are not even getting touched/processed??

(1) Missouri Service Center/National Service center even stoped posting I-485 processing date after many EB cases got transferred over there. They are not even touching transferred case over 10 months after already waited over 2 years at main service center. Even USCIS didn't send any transferred noticed to so many applicants.

(2) Atlanta Local service center currently June 2001/SEPT 2001 transferred cases which is worse among all the local service center. They are not even touching for over a year after the transferred.

This is a major BACKLOG issue/problem of USCIS.

cinta said:
Recent developments wrt their memos to eliminate Backlog reduction:

1: Their definition of it and the concurrent adjudication made it even worse for 01, 02 applicants. The Judge should be informed of this.
2: They seem to be holding a lot of cases for second FP with no notification. From the VSC forum, it looks like the Philly ASC is not issuing any second FP notices, even six months or more after first expiry. Should ask the SOP all the way down to the ASCs and the way they operate.
3: Should challenge the further implementation of existing and future memos in the Court.
4: Challenge the USCIS posting of Processing dates as this is a SHAM; They are processing cases up to June 2004!! and they are posting as February 2002. This has an effect in requesting info, expediting, congress contacts, company contacts, etc.
5: Challenge the issuing of second FP notices as unconstitutional, discriminatory and profiling; It looks like somebody got approved in less than 90 days with NO FP at all.

Plus August is a universal vacation time.
Click to expand...
 
Today we were suppose to have the deposition....

operations said:
Had a talk with the govt. lawyers. They have offered to have Ms. Ohata (Chief of all the four Service Centers) and one more person testify, but they are available only in August.
Click to expand...

Today we were suppose to have the deposition....
Any news in terms of next steps? Are we going to put pressure through the judge or accept their terms and meet in August??
Elnegro
 
I hope they will act fast on this I-140 law change.
Even if it amounts to asking for an increase in fees/introducing premium processing costs for cases which have been in limbo for a year.
Of course, if a case has been fradulent, they have the right to refuse adjudication.
Please let us know the URL where we can go and sign...
 
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