****Today's Deposition (July 22) Postponed to August 2nd****

Rajiv S. Khanna

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
This morning, the lawyer from US Attorneys Office who was supposed to defend the deposition was taken sick with high fever. We have no choice but to agree to the rescheduling. So, we will see them on August 2nd.

In the meantime, we are sending them a request for production of documents.

POST YOUR SUGGESTIONS HERE ABOUT WHAT DOCUMENTS WOULD YOU LIKE US TO ASK FOR.

We intend to ask for documents like copies of Standard Operating Procedures for I140/360/526/485, etc.

Please brainstorm.
 
What a coincidence. May be Shabudhhin Mohammed(MP from Bihar. He fell sick no sooner arrest warrant was issued against him.- name spelling may be wrong) of US. I hope he doesn't become Sibu Soren (MP from Bihar absconding arrest warrant).

I worked in a company. 3 employee in that company went mad. Really not joking. They couldn't take the politics going on in the division. Look like in the same way the attorney couldn't take much heat from the higher up. Higher up must have sad him b u u UUUUh :D :D :D :D . And he couldn't take that heat and had to call sick.
 
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We should ask the medical certificate from the doctor who treated him for sickness (high fever as he claims...)
 
Kajiv,
Would it be possible to ask their Standard Operating Procedures (SOP) for when something is returned to the office as undeliverable?
This might be a tangeant here but it seems like when cards (EAD especially) are returned to the Service Centers, they are trashed without ever verifying that the address was good in the first place.
Also, I would like to thank you a lot for all your effort. I greatly appreciate it.
Thanks a lot
 
my god!!!

call it coincidence - but this is exactly what i thought. that they will catch fever or something to postpone the deposition!!!
 
good work Rajiv!

BTW, have you checked the Processing dates recently??
for VSC where my case is pending for more than the "suggested" 1.5 years now,
here is what happened in the last few days:
up to June 2004, they were processing 485s with RD 02/15/02 (stuck on it for at least 1 year)
Suddenly, on 7/12/04, they post processing with RD 4/17/02 and on 7/21/04 they process 06/04/02.
So they've been stuck for more than a year on a date and now they move up to almost 2 months in 15 days.. I think Rajiv must have shaken them real good :)
Keep up the good work Rajiv!!!!


-----
485 RD: 12/2002
FP1: 03/2003
FP2: 05/2003 (the first FP was in ink and would not be read)
2 EADs so far, going for the 3rd EAD soon
AP: 4/2004 (nothing yet..)
FP3: 8/2004 (scheduled) !!!
 
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Yes, VSC is shaping up

This is really amazing ... VSC I-485 processing dates changed 4 months since the beginning of July. This has to be related with the pending litigation ... I think they are trying to improve their image and statistics to show the judge before the real fight begins in the courtroom.

Rajiv, as laymen we are, you must be taking notice. Keep up the good work!
 
do not want to take up space here by talking about this..when Rajiv has asked to give suggestions....nonetheless should say they complain like kids going to Math exam. Now they know somebody is going to thrash them.... in their rears.

I thought it's not just one but a battery of lawyers work for the govt.; if one takes ill are'nt there others to fill in for him/her. :confused:

Hope on August 2 Ms. Ohata or the judge himself don't fall sick :rolleyes:
 
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Dear Mr. Rajiv,

I think, we should inform Judge/court and cc to USCIS and request Judge/court to make sure USCIS assign a back up person in case this person won't recover till August 02 or will get 'SICK' again!!!

Thank you!

operations said:
This morning, the lawyer from US Attorneys Office who was supposed to defend the deposition was taken sick with high fever. We have no choice but to agree to the rescheduling. So, we will see them on August 2nd.

In the meantime, we are sending them a request for production of documents.

POST YOUR SUGGESTIONS HERE ABOUT WHAT DOCUMENTS WOULD YOU LIKE US TO ASK FOR.

We intend to ask for documents like copies of Standard Operating Procedures for I140/360/526/485, etc.

Please brainstorm.
Click to expand...
 
"processing date" documentation?

I don't know if it would be relivant to the case or not - but if so, could we request documentation of how they calculate these processing dates, as well as verification that the processing dates posted over the last year (and especially the last month) are indeed accurate? (basically some sort of verifiable evidence that they are actually making as much progress as the processing dates suggest)
 
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Suggestions sobre documents to request

Rajiv,

Here are some ideas:

a) Methods use to measure processing dates for 140s, 485s.

b) Methods use to process 140s and 485s

c) I liked John_cdn suggestion of verification process/data for stats published

d) Measurement of success? (results) of applications processed after Ohata Memo implementation. How can they show that they can achieve the backlog reduction with their current measures

e) How is their budget use. Where is the premium processing money going to

Elnegro
 
Processing Date - Official Definition

VSC's processing date for 485 has jumped to June 2002.

What do they mean by processing date.

If my processing date falls in April 2002 and no decision on my case is reached, Can I sue BCIS?

I see a lot of people getting excited about the jump in 485 processing dates.
But what does it really mean for us(humble 485 applicants)
 
Dear Mr. Rajiv Khanna,

First I have to tell you how grateful I felt that we have you to represent us and fight for us. Most lawyer would just tell us to sit tight because they, like rest of us, can't do anything about it.

As to deposition, I wonder if you can ask the director make clear statement about

1. Implementation of Ohata memo.
Did they really start two teams to implement non-concurrent and concurrent adjudication?
It seems the memo already killed I-140. In NSC we didn't hear any good news.

2. If so, why I-140 processing date did not move after these several months? when will public see the real action?

3. They said every two weeks the contracted worker sweeped the files and took out the files which are ready adjudicated. So what's the average number of that, and how many cases, generally speaking, can one officer adjudicate per day? And how many officers are working on the adjudication for each team in each center? How many employee based ready adjudicatied case are already in the queue right now?

4. A lot people had FBI name check cleared long time ago. So how long does IBIS background check take? How many do they run the check each day and what is the average percentage got cleared? How can public know about it? Does USCIS have the same service as FBI so we can inquiry about it? If IBIS gets cleared, does that mean the case ready adjucdicated besides some RFEs? Because based on USCIS, this is the cause of backlog.

5. Is it possible for them to give more details about the case online so we would know which stage we are in and how long we might expect. This way the public can monitor their working progress, otherwise everything is just based on what they said.

6. I guess a lot people concerned about conflict between Ohata memo and Ar-11. So when will we expect the non-confusing policy about using Ar-11.

Thanks again for what you did for us!!
 
Processing Date - question from Cinta

I saw the following question posted by Cinta in
http://boards.immigration.com/showthread.php?t=135521

I think the Processing Date seems to be a smoke screen for BCIS to hide from their inefficient, inept handling of 485 applications. More questions related to product lines for 485 etc should open a can of worms at BCIS and make them more uncomfortable, in defending their position.


cinta
There is one and only one definition of "Processing date" and it is from them. Thre is no new definition, as far as I know, and I know very well. The bottom line is that they either intentionally or not, violate their own definition. I suspect they still have no absolute control over pending cases (GAO report from May 2001) and these dates are just smoke. Somebody should challenge these processing dates in the deposition (Rajiv) and also ask for explanation as to how many different product lines exist for I-485, how they were created and why?
Reply With Quote
 
I suppose you meant AC-21 in point 6 instead of AR-11 (This is for address change)...

hairturnedwhite said:
First I have to tell you how grateful I felt that we have you to represent us and fight for us. Most lawyer would just tell us to sit tight because they, like rest of us, can't do anything about it.

As to deposition, I wonder if you can ask the director make clear statement about

1. Implementation of Ohata memo.
Did they really start two teams to implement non-concurrent and concurrent adjudication?
It seems the memo already killed I-140. In NSC we didn't hear any good news.

2. If so, why I-140 processing date did not move after these several months? when will public see the real action?

3. They said every two weeks the contracted worker sweeped the files and took out the files which are ready adjudicated. So what's the average number of that, and how many cases, generally speaking, can one officer adjudicate per day? And how many officers are working on the adjudication for each team in each center? How many employee based ready adjudicatied case are already in the queue right now?

4. A lot people had FBI name check cleared long time ago. So how long does IBIS background check take? How many do they run the check each day and what is the average percentage got cleared? How can public know about it? Does USCIS have the same service as FBI so we can inquiry about it? If IBIS gets cleared, does that mean the case ready adjucdicated besides some RFEs? Because based on USCIS, this is the cause of backlog.

5. Is it possible for them to give more details about the case online so we would know which stage we are in and how long we might expect. This way the public can monitor their working progress, otherwise everything is just based on what they said.

6. I guess a lot people concerned about conflict between Ohata memo and Ar-11. So when will we expect the non-confusing policy about using Ar-11.

Thanks again for what you did for us!!
Click to expand...
 
Dear Rajiv,
I am not sure how to put it,
the employment based immigrants are the ones needed to support the increasing number of refugees and assylees that are flocking to the U.S. every year.
If possible, do include this opinion in some form before the judges when you get a chance,
the world is not only the U.S., if people are put in limbo, they will after awhile give up their plans of settling in the land of freedom,
I think if the CIS does not want honest tax-paying people in,
they will move elsewhere,
so the fact that all employment based immigrants are contributing to the economy should be stressed.
We can argue the whole time about processes and procedures,
but unless the judge realizes that the people pleading are the cream of the world trying to get in,
he is not going to make a strong decision in our favor.
 
I think that lawyer was going through this website and after hearing the problems faces by SO MANY, he got sick ! :eek:

Must be beginning to understand the problem. Isnt there a law that he has to find a replacement if he cant make it ?

Interestingly, the service centers are hurrying up with lot of approvals. Rajiv, Make sure that the numbers they talk is the number before this speedy approvals. Never heard of approvals in < 1 year and here they want to show that they approve cases even < 1 year.

I am thinking of a claim of willful cover up at the service centers and possibly obstruction to fact finding after a lawsuit is filed !
 
official time v/s actual time ratio for average cases - not exceptions

What we really need from them is offical documents that list the time it takes for individual processes instead of list of actual processes.
The steps/processes are definitely not actual steps but examples of what happens as a generic case.

Some of the processes might be:
1. Time to respond from the time USCIS gets the application.
2. Time to send receipt of I140/I485.
3. How much time does USCIS need to wait before it sends out findger printing notice?
4. When does USCIS send FBI notice to check finger print notices?
5. How much time is it supposed to take for security checks?
6. Once USCIS receives the updates from FBI, how much time does it take to update records?
7. What do the so called "manuals of Green Card processing" say about sending approval of RFE notices?

Even if you give 1 month per item, it is 7 months per case. So, if the above steps are true, each case should take about 7 months for approval (with no RFEs generated).

Assuming the steps are correct, we can ask USCIS for the average time for all cases. If it is more than 8 months (which is definitely the case) we have a problem.

USCIS has always used exceptions to prove their side of the story, but the truth is that majority determines the rules and not exceptions.

This idea might be mentioned before but wanted to make sure that it was out there for review.

I hope we can get the lawyers on Aug 2nd. Wouldn't be a bad idea to ask for a Backup if we find another reason to postpone Aug 2nd hearing.


operations said:
This morning, the lawyer from US Attorneys Office who was supposed to defend the deposition was taken sick with high fever. We have no choice but to agree to the rescheduling. So, we will see them on August 2nd.

In the meantime, we are sending them a request for production of documents.

POST YOUR SUGGESTIONS HERE ABOUT WHAT DOCUMENTS WOULD YOU LIKE US TO ASK FOR.

We intend to ask for documents like copies of Standard Operating Procedures for I140/360/526/485, etc.

Please brainstorm.
Click to expand...
 
Crap sold to us by CIS and to The Judge

Too coincidental.

I read through the explanations of the government, and they are trying to complicate a simple matter.

What more is involved in employment based I-485?

* Completed I-485 with related documents
* An approved I-140 or I-140 receipt.
* Security checks. ( I read some where that it takes less than 30 minutes for a security check according to FBI for 90% of the cases.)

Rajiv Khanna, I see the point of the Court regarding the security Checks, you can refer them to the latest memo from USCIS admitting that it is their fault.
I will post the link if I find, I had just recently this article either on murthy.com, ilw.com, shutterman.com, visalaw.com or some immigration portal.

Also, a good question to ask CIS is why consular process takes just 6 months for the worst case and 3-5 years for 485 cases. Do they mean consular processing dont involve any process that 485 has??





operations said:
This morning, the lawyer from US Attorneys Office who was supposed to defend the deposition was taken sick with high fever. We have no choice but to agree to the rescheduling. So, we will see them on August 2nd.

In the meantime, we are sending them a request for production of documents.

POST YOUR SUGGESTIONS HERE ABOUT WHAT DOCUMENTS WOULD YOU LIKE US TO ASK FOR.

We intend to ask for documents like copies of Standard Operating Procedures for I140/360/526/485, etc.

Please brainstorm.
Click to expand...
 
Not sure why they notify/request postponement in the last minute ? Is it for real or Games they were playing to coverup their base in the court with the time they buy in these delaying hearing,deposition ?
 
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