*** Transcript of hearing is NOW attached - 9-24th Hearing ***

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Thanks Rajiv for all your efforts and wish you to get well soon.

Now the commanlity is established, I wish the court certifies the class action motion.
 
How many people attended the hearing!!!!

Friends,
Thank you Rajiv for your effort.
I don't know how many people attended the hearing? But next time, that is after two week, would there be any hearing? If yes, should we organise ourself and attend the hearing - obviously quitely!!! Just to tell the Judge politely "See how many people are suffering".
Just a thought.
 
Firstly, thank you Rajiv and hope your flu flies out with Hurricane Jeanne... You were splendid - absolutely brilliant !!

I know jack about the law, but it seems like a purported quote from the ex-CIA Director is appropriate, "Its a slam-dunk" and IMHO these clips from the Judge suggest why:

"THE COURT: All right. Fair point. There is also a whole body of cases that suggest that we shouldn't get hung up on class certification questions. You can always certify a class and decertify it later on."
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"...I think we're getting mired in the discovery. I think you've got enough to make your point. As I've already said on this proceeding, the commonality question is not all that rigorous at the threshold. It seems to me that the question is whether CIS is taking an unreasonably long time between the filing of the I-485 and when it's ready to adjudicate. That may indeed be a common question of law in fact that is generally applicable to a (b)(2) class, and I gather that that's all you're seeking to represent, is a (b)(2) class..."
Click to expand...

Why does the application catch dust prior to adjudication ? I thought I read somewhere the other day that there was a 9-month gestation period to factor in the backlog... The relief being sought is not monetary - this maybe an understated but significant part of the impression on the Court - my 2 cents...

Lastly, is there anything more that we can do ?!

Thanks again !
 
Not one class member was at the hearing. Diappointing. But, I do my job as I see fit. That is all I can do.

I do not think getting a class certified is that easy. There can be a lot of issues. We need to be prepared for it to go either way.

If the class certification is denied, we will start filing individual lawsuits if people want that.
 
Finally a lawyer with guts!!!!!!!!!!

Good job & thank you Rajiv.
 
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operations said:
Not one class member was at the hearing. Diappointing. But, I do my job as I see fit. That is all I can do.

I do not think getting a class certified is that easy. There can be a lot of issues. We need to be prepared for it to go either way.

If the class certification is denied, we will start filing individual lawsuits if people want that.
Click to expand...

Thank you so much, Rajiv. You have been doing a terrific job. It is all the more commendable because of your selflessness. I hope we get the class certification.

However, if there is a need to file individual lawsuits, I'll be happy to join.

Thanks.

140/485 ND 1/6/04
EB2
EAC-040645****
 
Rajeev, We all hope that we can get class-action and it doesn't look very promising atleast reading from the transcripts. I would be happy to participate in the next hearing. I apologize for not viewing this thread recently.

The core point is very basic, Class action or individual law suits. USCIS is breaking commonsense left and right. They are approving cases filed in 2003 and not caring for the ones filed in 2001 and 2002. For example, My case has cleared FPs, all name checks and still hasn't been assigned an adjudicating officer. How can they justify assigning an officer to a case filed in 09/2003 and ignoring a case that has all so-called security stuff cleared.

I bet that USCIS is going lose its pants on this one. Please count on me for individual lawsuit if class action is not approved.

Primary Applicant details:
I140/I485 RD: 09/30/02
I140 Approved: 12/02
1st FP: 11/02
3 EADs and 2 APs approved
2nd FP: 08/04
No LUDs
Contacted senators office and was told that all FP and name checks were cleared and received on 09/03/04.

Dependent app:

Receipt date for I485: 09/30/02
1st FP: 11/02
3EADs and 2 APs approved
2nd FP: 08/04
LUDs: 08/30/, 09/07
Name check and Security FP cleared as per the senators office on 09/03
 
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Dear Rajiv,
You can use my case as an example too as USCIS has messed up our RD and ND's and if you notice my signature, my spouse who is a dependent has RD and ND before mine.And even as of today, my EAC number shows that there is a problem in the case and USCIS inspite of calling them several times, has not rectified the issue and I am getting increasingly worried day after day about my case.

I Thankyou from the bottom of my heart and wish you a speedy recovery! GOD BLESS YOU.
 
operations said:
Not one class member was at the hearing. Diappointing. But, I do my job as I see fit. That is all I can do.

I do not think getting a class certified is that easy. There can be a lot of issues. We need to be prepared for it to go either way.

If the class certification is denied, we will start filing individual lawsuits if people want that.
Click to expand...

Mr. Khanna,

THANKS much for your invaluable time,efforts and commitment to help this community beyond your health conditions. Its unfortunate that no one was there to support class action suit hearing. May be the reason when everyone planned to be there things were postphoned and people lost interest in attending. But, there are thousands of applicants every where (in DC Metro itself) who are suffering.

Either way (Class action or Indivdual law suit) it can be proved that Applicants are suffering for USCIS actions/regulations/violations of congress manadated laws(AC21 releif for unusual delays).

Hope people realize how important it is to be present to show the hon judge there are these many people suffering with delays from USCIS. Please let's know in advance the date for next hearing.
 
The end only will come on a day that USCIS realizes the hardship it is forcing on people due to their poor and arrogant work style.

People are suffering in making decisions to

a) Investing in childrens education
b) Buying life and other insurance needs that statute permanent residency qualification
c) career paths
and many more ways than 1 could imagine.

It is amazing to read the governments position on this. They are dancing all over.

If the case become 1on1, things would be lot different as it is easy to compare apples to apples. I wonder what USCIS would say about adjudicating cases filed in late 2003 as compared to the ones waiting since 2001 and 2002. That should be the basic core argument and CIS will be exposed for lack of commanality and uniform application of law.
 
Good Luck Rajeev. Hope we get the class certification and move forward. If not, fight goes on.

They messed up my Alien number (it was duplicate , assigned to someone before. Not sure if this is still resolved. ).. Still waiting..

I will surely be wiliing to join in the lawsuit, if required. Our (spouse and Mine) case file is already with your company.

ND Apr 9, 02
 
1. To get class certification, focus specifically on I-485 delays. They have earlier said repetitively in their deposition that there is a commonality among I-485.

2. The compensation sought could be to certify I-485 which have been pending for more than 6 months in all service centers (not just CSC).
 
Couple of points about relief.

1) people get promoted and they also find work in different better work in the same company.
2) People also go back to school after working for a few years.


They should give us relief on the description of the job and continious work at that kind of job.
 
Hi Rajiv,

Thanks very much for your devotion to a noble cause which is affecting millions of immigrants.

God Bless.
 
operations said:
Not one class member was at the hearing. Diappointing. But, I do my job as I see fit. That is all I can do.

I do not think getting a class certified is that easy. There can be a lot of issues. We need to be prepared for it to go either way.

If the class certification is denied, we will start filing individual lawsuits if people want that.
Click to expand...

Rajiv,
Great effort !!!
We have already won....I strongly believe that the recent spurt in adjudications is because of this law suit. I liked your fighting spirit.

I will be in the court next time.
 
operations said:
Not one class member was at the hearing. Diappointing. But, I do my job as I see fit. That is all I can do.

I do not think getting a class certified is that easy. There can be a lot of issues. We need to be prepared for it to go either way.

If the class certification is denied, we will start filing individual lawsuits if people want that.
Click to expand...
Rajiv,
I live in CA. But let me know if I need to be there for the next session. If I can let us know the date upfront I'll try to make it.

I didn't expect that no body will make it this time, other wise I was ready to attend.
 
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