*******TRANSCRIPT of DEPOSITION - PAUL PIERRE********

Rajiv,

I know that the depositions are taking place after the pilot program at CSC was declared. Now that we are seeing that pilot at CSC is working....we can literally trap them in their own cage.
I have asked this earlier and brij and many others may have asked too..

"What is so different in pilot that it takes just 90 days max, and 600+ days for
non-pilot in adjudicating concurrently filed I-140/I-485."

EB2 for pilot also requires a LC, not as if it does not. So, what is different? Is the pilot program a success? and if so, when are they planning to generically implement it for all EB categories across all service centers ?

Also

How many cases are only waiting for second FingerPrint? If this FP is done how many will be ready for adjudication?, We should know these figures, to know how fast they are sending the FP notifications and how fast they are adjudicating the case after they received the FP.
 
Processing is random at VSC, so dont count too much on it. There are more than 50% cases pending for EB3 applications filed between October 2003 and March 2004.
 
FP issues?

How long does it take to schedule an FP? As per nemesis it is still at July 2002, so backlog is beyond 2 years. Is this a reasonable time? In light of FO memo, how can a Concurrent application be adjudicated without completion of FP? So where does FO memo stand. Do these guys think/plan all these and then issue memos to change procedures/processes or is it just an eyewash to report to Congress that they are working by building up paperwork.
 
operations said:
Correct.

At this point, we are not looking so much for information. We are looking for documentation.

Once we start the document review, we will request a rehearing on the class action. If the class action is granted, THAT is when the real depositions begin. We will be deposing all levels of CIS officers at that time.
That is when it begins to get interesting. This is just spadework.

I really must not worry about winning or losing for us. I must keep the pressure up. The real victory is if they reform their own working. The court may not be able to order much. We knew that going in.

The officers being deposed are the top tier of CIS. They should know the consequences of perjury. Whatever we ask, they have to answer truthfully. If they don't, they will be in trouble.


You folks need to know a bit more about the law.
PLEASE READ THE LAW UNDER THE NEW LINKS HERE:

http://www.immigration.com/litigation/I-485_litigation.html
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Could you explain this comment in detail. I mean what can can we really expect in form of relief from the court if they certify us as a class?? What little or more can we expect from the court in form of immediate relief.

"The court may not be able to order much. We knew that going in."

I realize that my comment sounds desperate but that is the truth.
 
Ok

ZKHAN said:
Could you explain this comment in detail. I mean what can can we really expect in form of relief from the court if they certify us as a class?? What little or more can we expect from the court in form of immediate relief.

"The court may not be able to order much. We knew that going in."

I realize that my comment sounds desperate but that is the truth.
Click to expand...


In all delay cases, our best hope is the agency itself will correct itself. I want you to read the transcript of our class action hearing. The court asked me, if we win, what can the court do? Also read the cases that we have put online on the litigation page on immigration.com
 
What we want

First we need to get the list of Bottlenecks in the processing that causes delays. I am sure the immigration will come up with security check, In that case we need to get the FBI to tell why it takes so long for them to check a person. The longer the FBI takes, the longer a wrong person can stay in the country. That is a serious problem.

If we win this case, what want the court to ask the Immigration to give us a temporary Greencard that will be relive us from all the painful delays the immigration process takes us through. I am sure they can do a single peliminary security check and issue a temporary green card and then they can do a formal complete review and security check to give us the final green card.
 
If the Court finds these procedures illegal, then we would move to the next step. What relief is appropriate. In many of these agency type cases, agencies have stepped forward and designed procedures to address these problems themselves. There are other things that the Court could do. That's not the only thing that the Court could do. The Court could actually direct, and in this circuit there is no doubt about that, if the Court finds delays to be unreasonable the Court can step in, maybe not give a timetable but certainly
make the agency give them a time table that's acceptable to them. That's another one of the reliefs that's possible.


I think I found the right part about relief from the court.
Thank You Mr Khanna for your help.
 
Rajiv and others ,

When is the next deposition ? Is Fuji Ohata being deposed ? If yes , when ? Hope to get some light on AC21 after her deposition.

Thanks.
 
As per Rajiv.....it was scheduled for today

The following is from his post immediately after deposing Pierre.

I will post the first draft of the transcript next Monday (August 16). The govt. will have 30 days to go over the deposition and correct it. That is the law. Currently, Fujie Ohata is scheduled for 26 August for deposition.

We will keep going at it. Do not worry. My warmest regards to all of you, as always.

Wonder what is going on.
 
I deposed her yesterday

frostrated said:
Does anyone have any news if the FO deposition took place?
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It was most disppointing. She hardly knew anything that I wanted. I will try to highlight the major points next week. The complete transcript will not be available for folks until appx. 6 weeks.

I am going to try to get more depositions. We will also file requests for further documents.

This depo was a bummer. :-(
 
Rajeev,
From the deposition yesterday, did you get any idea about the USCIS policy about using AC21 after 180 days to change employers, without I-140 approval?

naanshi.
 
No

naanshi said:
Rajeev,
From the deposition yesterday, did you get any idea about the USCIS policy about using AC21 after 180 days to change employers, without I-140 approval?

naanshi.
Click to expand...



I do not recall asking, but she had no idea of "technical" aspects.
 
Did she really not know answers to the questions we put forth to her? Or is it likely that she feigned ignorance to avoid implicating herself?
 
what is the next step

Rajeev,

Could you please tell us what will be the next step now. will there be any final word from court on this.

Thanks
 
operations said:
I do not recall asking, but she had no idea of "technical" aspects.
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Where does Ins find these people? How can they promote her to such a high level position if she is not familiar with technical aspect of the work people are doing under her? How can she supervise their work if she does not understand the work they are doing???

One quick question does anyone know if washington (arlington) office is moving to a new building or not? We had heard some rumors about their move in august but it seems they are still there. Does anyone have any credible information about their move??
 
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