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

You need to at least ask about Fujie Ohata memo and how it affects the processing of 140 applications? The lawsuit can be about 485, but the court has given permission to Mr. Khanna to ask any questions to get an understanding of GC processing process. This includes 140, EAD, FP, 485, Fujie Ohata, AC21 and anything that Mr. Khanna considers worthwhile.
 
can't agree more with hrithikroshan11, please also ask if AC21 applies to delayed I140 ... it's painful to wait three years to get I485. However, folks who got approved I140 know, sooner or later, I485 will come, and you can move betwwen jobs freely without worrying about being laif off tomorrow!!

The poor guys who are really stuck are those who can't get I140 approved and are afraid AC21 won't apply even after 180 days. The entire GC application can be deminished the next minute when my employer lay me off!
 
Following the spirit of the workingg of CIS, I think we need the following:

1. Birth certificate of the LAWYER and the DOCTOR from the respective civil authorities.

2. Notarized copy of the DOCTOR statement/certificate taken under the OATH of a judge. Note: Notary valid only until validity date.

3. Ask for ALL the documents they have. If they insist on which docs, then instead of providing a list of documents, PLEASE ask for a list of DOCUMENTS that they can give us. Since they are trying to hide their secrets, they have to give us the list !

(I wonder if they asked us to identify the docs we wanted ?)
 
whorl1quote said:
can't agree more with hrithikroshan11, please also ask if AC21 applies to delayed I140 ... it's painful to wait three years to get I485. However, folks who got approved I140 know, sooner or later, I485 will come, and you can move betwwen jobs freely without worrying about being laif off tomorrow!!

The poor guys who are really stuck are those who can't get I140 approved and are afraid AC21 won't apply even after 180 days. The entire GC application can be deminished the next minute when my employer lay me off!
Click to expand...

I am with you guys on this one, 140 is taking too long and without the ability to use AC-21, it's just bonded labor with the threats of being laid off and going out of status that's hanging over our heads
If we can use AC-21,
- I can find my own jobs and take up permanent positions I am offered
- make wages that match up to prevailing wages
- don't have to worry that I will get out of status and sent back, because my employer won't really care about a thing
Without AC-21 my fate depends on someone else, with it I can atleast control some, GC does give us independence, but when it's taking so long, AC-21 is the second best thing we can ask for
 
Mr. Khanna.

There is too much inefficiency in to roots of USCIS processing. Why the hell they keep doing this no one knows, even the God. My applications have been bouncing back and forth between VSC (residence Jurisdiction) and TSC (Employer Jurisdiction).

Is there anything applicant do to expedite case, if applicant can prove that there are too many mistakes @ USCIS end in processing applications. Any advise would be greatly appreciated.
 
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THE USCIS OFFICE sadistic i-140 delays

please help us to get portability and freedom and hope that these people at USCIS are judged for their actions and they face karma in this lifetime as they grow old.

one memo saying if i-140 and i-485 both are over 6 months and no rfe pending portability is allowed to take a similar or higher job
 
Summary

Discovery (Posted earlier)

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, disriminatory 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.

Update:

1: Transfers: It looks like a lot of transfers are out of the SOP and a memo dealing with transfers of I-485 applications (change of job). The timing also is questionable as they happen a whole two years or more from Notice Date!
2: RFEs: A lot of RFEs are out of the SOP and old plus new memos: Example is the so common EVL. The timing also is questionable as they happen almost two years after Notice Date. Example: Ability to Pay! Another one, is proof of all trips taken to and from US and their purposes! According to AILA, proof is only necessary from last entry to the US.
3: Inconsistency in issuing FPs. First FPs as well as second FPs. People are waiting for second FP almost two years or more from first FP. Thee is a bottleneck in this regard. Furthermore, the second FP is usually followed by an RFE or Transfer, meaning that no processing was done on the application for years. Call it the "dust experiment".
4: People are waiting for too long after submitting RFEs. More than several months!
5: People are waiting for months after submission of second FP.
6: No clue as to how many different I-485 product lines are in effect for different Service Centers (concurrent, non, new, old, etc). Where in the SOP are all these?
7: Increase of Denials of I-140 (CSC). Problems with I-140 processing dates and therefore, AC-21 applicability.
8: Lack of uniform policies among the different centers wrt EAD, AP, processing, etc. Example: NSC issues back dated AP and Reentry permits (good!) while the others are not even issuing backdated EADs. This much for central command and adjudicator education.
 
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CSC applicants I-140 are stopped for more than a year. I-140 backlog pretty much converts the applicant into a bonded laborer, to borrow words from the thread. Rajivji, please help, BCIS is just transferring the backlog from one place to another.
 
At least Mr. Khanna please find out how they are processing GC applications which includes 140. In Vermont, they have advanced the dates all the way to January 2004, but more than 80% of the cases from October, Nov and Dec are pending. What is their basis? Why are they not following the FIFO as they claim? What is the use of advancing the dates without processing the cases? What is the Fujie Ohata memo, how does this affect the applicants, what is AC-21, can applicants change jobs 6 months after 485 filing? These questions need to be answered and documented.
 
It's not FIFO - It si HLFO or NLLO

If Rajiv proves that FIFO claim by USCIS is not true, does it mean we are going to win the case?

There are lot of proof's available in this forum itself that they are not processing the cases on a FIFO basis.

There are also pending cases which does not match with their processing dates.

They don't update the status of the cases properly.

HLFO - HAVE LUCK FIRST OUT
NLLO - NO LUCK LAST OUT
 
How do they plan to reduce the number of pending applications (1,237,540 as of May 2004) They are receiving around 64,869 adjustment applications/month, are they approving more than that to reduce backlog?
http://uscis.gov/graphics/shared/aboutus/statistics/msrmay04/BENEFIT.HTM

When same "current processing dates" are published after a month, does this mean no I-485 was adjudicated in those 30 days? Will this help bring down the number of pending applications? Or do they lie when they publish "Processing dates" on their website (a government website)? Are Processing Dates just a smoke screen?

You can check online status of some cases with ND Feb03 which were approved in July04 and print it as proof. Why are they adjudicating Feb03 cases "OUT OF TURN" when the published dates say they are processing Feb 02 cases? They are violating the rights of people with pending cases by not following FIFO rule.

Medical Certificate from the lawyer's doctor describing his sickness, results of lab tests performed and the need to stay at home. Does USCIS always work like this, that if someone falls sick, no one can replace that person? Is this how government works? Also ask for a Notarized Affidavit from Lawyer's mom/dad that he WAS sick on that day.
This reminds me of my school days ;)

This is from the court transcript:
6 If it turns out, and it may very well turn out, that
7 the application of Mr. X takes four years, the application of
8 Mr. Y takes one year, the application of Mr. Z takes 30 days,
9 the application of A takes six years, the application of B
10 takes four years and three months, and that there's some
11 rational reason for it, then I don't think you got a class
12 action. I don't think there is a class action here. And,
13 furthermore, if I were to find class certification, I guess I
14 would be binding people who may have more legitimate claims to
15 the fate of those who have less legitimate claims.

Are they not trying to produce this situation by approving Feb 03 and Feb04 cases? so that all 485 are not pending for the same time, so that we dont get class certification?
 
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I think it is a delicate matter to talk about I-140 since even though BCIS is too re'ard to understand it, legally that is the area it has the most control. After that, in I-485 what is it that they are checking other than security ?

I really cant understand what major checking is being done other than security after issuing the individual an immigrant visa number ? THey really have no ground to DELAY.

PLEASE god. help us to fight this NONSENSE.
 
Ina

unitedXXXX,

In fact, I think they did not meet the INA numbers for EB for the last years, 140,000 / year plus the unused Family based numbers. In this respect they violated what the INA provides.
 
unitednations said:
Is that a product of the delays, ie., if there were no delays would they have used up the numbers?
Click to expand...

Yes. The delays and their security checks. With no delays they should have been able to meet the numbers provided by the INA, and the EB categories would still be current, most probably.

Class Action: From "www.KansasCity.com"
Ref: Delay in obtaining documents.


Plaintiffs' attorneys want the case certified as a class action because they say it's happening too often in too many places. The lawsuit was filed this month in San Francisco, but it resonates among legal immigrants nationwide.
 
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status on backlog reduction...

in the USCIS backlog reduction pdf, they mentioned that the processing time will be 20 months by FY2004 and also that their I-485 completion target is 752,173 for FY2004. We need to ask them where they are w.r.t this target?

we should NOT let them fool us that the processing date is still Feb'2002 but the avg. time is 20 months!!! GOD BLESS!!!
 
Backlog reduction

When we talk to USCIS on their steps to reduce the backlog, we also need to take into account the steps being taken to expedite the processing of permanent Labor applications. DoL is coming out with a strategy to reduce the processing time of LCs drastically to 21 days with the implementation of PERM. When PERM is going to come into effect is not known. But if it does come any time soon, it will only be a matter of time when the 140/485 stage will be inundated with over three years of backlogged applications from the labor stage. This will in effect double the existing backlog numbers. I think that we need to discuss this issue further with USCIS.
 
frostrated said:
When we talk to USCIS on their steps to reduce the backlog, we also need to take into account the steps being taken to expedite the processing of permanent Labor applications. DoL is coming out with a strategy to reduce the processing time of LCs drastically to 21 days with the implementation of PERM. When PERM is going to come into effect is not known. But if it does come any time soon, it will only be a matter of time when the 140/485 stage will be inundated with over three years of backlogged applications from the labor stage. This will in effect double the existing backlog numbers. I think that we need to discuss this issue further with USCIS.
Click to expand...

You are absolutely right. As PERM is fast approaching it will create an influx of I-140/I-485 applications. Furthermore, there are the Hmong refugees to be taken care of and also the Diversity Lottery winners before the end of this fiscal year. We saw this before! In the meantime the number of adjudicators did not change and about 25% of them are becoming IBIS experts instead! There is a huge backlog of FP scheduling already and since the Director has enough money, look for divine intervention!
 
****SHOCKED to read the level of discrimination.

Do you believe this, in less than 3 months someone get approved!?



http://boards.immigration.com/showthread.php?p=856146#post856146



I140 and $85 concurrently approved today


--------------------------------------------------------------------------------

i just received emails confirming the approval of my 485 application too.

both primary and derivative approved on the same day.

here are my case details

labor filed on janury 2002

labor certified on april 2nd 2004.
EB2 concurrently filed I140/I485/EAD/AP on may 25th 2004
( MS + 3 years experience)

received RFE for wrong finger print fee on may28th.
RFE replied on june 2nd ( attorney sent the right fp fee)

received FP notice on june 12th for fp appointment on july30th.
did early FP on june 19th.

140/485 approved concurrently today, july 27th both primary and derivative( wife)

waitng for my paper work from attorney.

so pilot program is in place . i wish every one in this forum good luck .

i went through a very anxiuos period during this 140/485 phase.

my best wishes to every one in this forum and good luck.
this forum directed me in the right direction through out
 
tmc said:
in the USCIS backlog reduction pdf, they mentioned that the processing time will be 20 months by FY2004 and also that their I-485 completion target is 752,173 for FY2004. We need to ask them where they are w.r.t this target?

we should NOT let them fool us that the processing date is still Feb'2002 but the avg. time is 20 months!!! GOD BLESS!!!
Click to expand...

Yes, we should ask them to tell the judge where they are wrt to this target, as we are already approaching FY2005. If they cannot keep up this target, what will they do? NOTHING..NADA..ZILCH. They are not accountable to anyone.

Why would Pilot take 3 months and a Non-Pilot take 3 yrs?
What is the difference in this Pilot program? Do they take steriods? Why cannot they put everyone on Pilot?
There is something highly fishy going on in the name of GC. These are all ploys to show that they are making progress. I wonder what would have happened if PERM was actually implemented. No wonder they will keep PERM on hold till this backlog is cleared.

The situation looks hopeless.
 
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