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View Full Version : Filing a case against DOL - all affected please join and show your support


risker
07-20-2007, 05:19 PM
Subject: Injustice :mad: for people with priority dates in '02, '03, '04 etc. who are still waiting for their labor certs to be processed using the traditional process - we want to file a case against DOL's lethargy - Let us join together and file a case against DOL and bring justice to this unjustified system.

The manner in which the backlog reduction center have been processing the
labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.

The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
ignored, inspite of the fact that people who applied for labor much later
have been approved through the traditional process.

We want to file a case ASAP with the DOL or other relevant
authority regarding this issue and the unfair way of the process that we
have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?

The next steps should be:

- Get all of the support we need from all affected folks ASAP
- Get in touch with a lawyer who can help us to prepare the case
- File the case in a court against DOL
- Make sure we get justice

Please join and show your support. Please help!!!

fairboy
07-20-2007, 05:40 PM
Subject: Injustice :mad: for people with priority dates in '02, '03, '04 etc. who are still waiting for their labor certs to be processed using the traditional process - we want to file a case against DOL's lethargy - Let us join together and file a case against DOL and bring justice to this unjustified system.

The manner in which the backlog reduction center have been processing the
labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.

The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
ignored, inspite of the fact that people who applied for labor much later
have been approved through the traditional process.

We want to file a case ASAP with the DOL or other relevant
authority regarding this issue and the unfair way of the process that we
have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?

The next steps should be:

- Get all of the support we need from all affected folks ASAP
- Get in touch with a lawyer who can help us to prepare the case
- File the case in a court against DOL
- Make sure we get justice

Please join and show your support. Please help!!!

I don't mean to dampen your spirits but this has already been tried. There was a writ mandamus petition filed by several employers and DOL won that case hands down. I actually had a copy of the judgement in PDF format, but could not located it in a hurry. PM me and I will send it to you. If I remember correctly, the Judge ruled in favor of BEC/DOL because of the complexity of the process and his inability to determine a 'reasonable' time frame for certifying a pending LC. That kind of gave them a free rein all regard for FIFO has gone out of the window.

Just so you know, I have a PD of Dec 2002 and my TR case is still rotting in PBEC.

fb

GCard_Dream
07-20-2007, 05:40 PM
I understand your concern but I don't believe being inefficient is against the Law. All I am saying is that there may not be any basis for a lawsuit here simply because DOL is inefficient and not up to the job; however, exploring the lawsuit option can only do you good and not harm by drawing some attention to the issue.

test101
07-20-2007, 07:03 PM
I think it depends on thetime of the first law suit has been filed? it's almost 4-5 years after the blockage. There are not much excuse for the DOL?