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eastindia
04-21-2010, 12:18 PM
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.

Has anything been done yet?

bank_king2003
04-21-2010, 12:29 PM
I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.

So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.

Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...

greyhair
04-21-2010, 12:45 PM
I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.

So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.

Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...

Look at the bright side. Now you can sue US Congress. When is that lawsuit coming up? Please keep us posted.

bank_king2003
04-21-2010, 12:59 PM
greyhair - that was something i tried on my own and i have never represented IV.

you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.

this requires a big movement for which IV is a very nice platform. that is the reason i keep shouting on this forum that nothing will happen untill you somehow make uscis held accountable or in this case even congress accountable.

Filing a Lawsuit against USCIS and CONGRESS together may lead us somewhere.

greyhair
04-21-2010, 01:10 PM
greyhair - that was something i tried on my own and i have never represented IV.

you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.

this requires a big movement for which IV is a very nice platform. that is the reason i keep shouting on this forum that nothing will happen untill you somehow make uscis held accountable or in this case even congress accountable.

Filing a Lawsuit against USCIS and CONGRESS together may lead us somewhere.

I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.

RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)

In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)

sareesh
04-21-2010, 01:12 PM
I understand your problem with moving dates slowly but did not follow your problem with porting.

Thanks,
SG.


There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.

Has anything been done yet?

eastindia
04-21-2010, 01:25 PM
I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.

RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)

In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)

Dude you have good sense of humor.

bank_king2003
04-21-2010, 01:28 PM
I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.

RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)

In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)

So it seems we cant do much against USCIS on the lawsuit besides making congress to act. why 'Politicians' are not good in any country ???

Btw, even i am EB2 - i support porting as i have seen EB3 people working with me and they are no where less in skills .... i want to file a lawsuit so that we can bring some lazy asses to justice like USCIS.

freedom_fighter
04-21-2010, 01:30 PM
I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.

So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.

Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...

its not illegal to port. Labor substitution was legal until they abolished.
EB3 to EB2 to EB1, is perfectly legal and is not like labor substitution. Why are you ppl jealous, just because you have EB2. A lot of ppl including myself had our cases filed in EB3, because of incompetent attorney's. Its not like someone is jumping the line, these guys have been waiting patiently in there EB3 queue and if they can upgrade why not?

Pls focus on the real issue of the country based quota. Really, this is not going to benefit anyone!

ivgclive
04-21-2010, 02:31 PM
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.

Has anything been done yet?

This is something like filing a law suite against Manmohan Singh for having inefficient ministers under his goverment.

Hire a top attorney, paying him half of your earnings to get an answer from the court saying that "thats how things work".

h1-b forever
04-22-2010, 09:33 AM
small correction:
president is not a member of the congress and neither are the judges (separation of powers)


you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.

eastindia
04-22-2010, 10:28 AM
So basically you are saying you cannot sue the people responsible for greencard problem.

I think the only option left is to either sue God or sue yourself for your bad luck.

immig4me
04-22-2010, 02:44 PM
try it and let us know how that works out for you :D:DSo basically you are saying you cannot sue the people responsible for greencard problem.

I think the only option left is to either sue God or sue yourself for your bad luck.

bank_king2003
04-22-2010, 03:04 PM
So basically you are saying you cannot sue the people responsible for greencard problem.

I think the only option left is to either sue God or sue yourself for your bad luck.

Sorry if i was not clear. i meant to say that for visa recapture one cant file a lawsuit against USCIS but one can definately file a lawsuit on USCIS for following things if at all we can prove it

1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.

2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.

3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.

India_USA
04-23-2010, 10:13 AM
1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.
USCIS says its happening......

2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.
USCIS has not wasted visas in the past two years............

3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.
I read somewhere about the memo being withdrawn for more review.............

Finding a judge who will be favorable to our cause, priceless!!

whattodo21
04-23-2010, 01:18 PM
working with USCIS may yield us better results than suing them. the process may be slow, and it won't antagonize them against us (if they are not already!)

iv is pursuing the right strategy.