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  #16 (permalink)  
Old 07-09-2007, 05:05 PM
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Quote:
Originally Posted by newbee7
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.

Are we 100% SURE that this happened???

Is there any clause in the law, which lets them do this ,If FBI doesnt give any information for 6 months/1 Year... I dont know , so i will let the court decide.
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  #17 (permalink)  
Old 07-09-2007, 05:07 PM
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Default if class is determined

Quote:
Originally Posted by kriskumar4u
Hatz off to that lady... Lot of us are still thinking to fill law-suit against USCIS/DOS.... We should act fast now and file law-suit rather than just waiting and discussing here. I felt bad some people even asked when will be outcome of that law-suit....That clearly tells you are going to wait till the out come of it and you will file law-suit....

Weird........Weird...Weird
If the class is certified, we may want to join that class rather than have separate lawsuits.
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  #18 (permalink)  
Old 07-09-2007, 05:08 PM
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Quote:
Originally Posted by gc_aspirant_prasad
If the class is certified, we may want to join that class rather than have separate lawsuits.
Yes , we are in that class.
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  #19 (permalink)  
Old 07-09-2007, 05:12 PM
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Quote:
Originally Posted by satishku_2000
delhi..

what is your PD?
2007
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  #20 (permalink)  
Old 07-09-2007, 05:13 PM
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Quote:
Originally Posted by delhiguy
http://www.ahslaw.com/documents/AHSLawsuit.pdf


This document gives lot of legal details, states what the lawsuits exactly is..


P.S : I Think its just filed, not accepted by the court as of now
I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.


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  #21 (permalink)  
Old 07-09-2007, 05:16 PM
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Quote:
Originally Posted by desi3933
I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.


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legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...
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  #22 (permalink)  
Old 07-09-2007, 05:20 PM
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Quote:
Originally Posted by desi3933
I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.


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Not a legal advice.

Whenever i say this "Such policies, unless backed by legal basis, are not enforceable" Everybody starts bashing me up...
So you be ready toooo.

I would be very happy , if all the H1B guys get EAD , but i cant just give a statement against DOS/USCIS till i am 100% sure.
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  #23 (permalink)  
Old 07-09-2007, 05:20 PM
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Quote:
Originally Posted by imconfused
legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...
You have the prove 2 things
This "bad faith" was illegal and it caused harm & damages.

Winning a case in court and being emotionally charged are two different things.

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  #24 (permalink)  
Old 07-09-2007, 05:23 PM
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Quote:
Originally Posted by delhiguy
Whenever i say this "Such policies, unless backed by legal basis, are not enforceable" Everybody starts bashing me up...
So you be ready toooo.

I would be very happy , if all the H1B guys get EAD , but i cant just give a statement against DOS/USCIS till i am 100% sure.
Quote:
Originally Posted by delhiguy
Are we 100% SURE that this happened???

Is there any clause in the law, which lets them do this ,If FBI doesnt give any information for 6 months/1 Year... I dont know , so i will let the court decide.
In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.

"not entirely completed" = INCOMPLETE

I think this should count for 100%.

http://www.nytimes.com/2007/07/06/us...hp&oref=slogin
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  #25 (permalink)  
Old 07-09-2007, 05:23 PM
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Quote:
Originally Posted by newbee7
In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications when we were certain the process will be completed very shortly, Mr. Aytes said.

"not entirely completed" = INCOMPLETE

I think this should count for 100%.

http://www.nytimes.com/2007/07/06/us...hp&oref=slogin
You chose to ignore this from your post
when we were certain the process will be completed very shortly

certain = 100%

You are reading what you want to read.


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  #26 (permalink)  
Old 07-09-2007, 05:32 PM
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Quote:
Originally Posted by desi3933
You chose to ignore this from your post
when we were certain the process will be completed very shortly

certain = 100%

You are reading what you want to read.


__________________
Not a legal advice.
Certainty is releated to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."
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  #27 (permalink)  
Old 07-09-2007, 05:38 PM
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newbee7 is right.

Either the security clearance/FBI name check was COMPLETE or NOT. There is nothing as "would-be-done-shortly-for-sure" !

Bottom-line, if it can be proved in a court of law that USCIS approved cases without security clearance, there is a solid ground for the suit. It's against the law and it undermines the national security concerns.

Second, USCIS working in bad faith when they rushed to allocate all the quota just to avoid new I-485 applications. It clearly has "intentional" written all over it.

Third, I saw somewhere an excerpt from INA law that there is a limit on how many visa number can be allocated in a month. As per that clause, USCIS broke the law.

Fourth, there is a solid ground to sue USCIS for the expense to say the least. People has to pay a whole lot of things including lawyer, medical, photo etc. Time and effort spent on that is no less.
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  #28 (permalink)  
Old 07-09-2007, 05:40 PM
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I hope this lawsuit fails. Looking ahead this lawsuit, if it succeeds might do us more damage than good. Law of unintended consequences states that something can happen we haven't thought of.
Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.
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  #29 (permalink)  
Old 07-09-2007, 05:42 PM
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Quote:
Originally Posted by newbee7
Certainty is related to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."
Would you mind quoting the actual law then?

Does every I-485 need FBI approval or just background check? How do you know that it needs FBI Name Check for all cases. Quote the law please.
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  #30 (permalink)  
Old 07-09-2007, 05:42 PM
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I agree 100%. They also issued green cards to ppl whose PD was not current in June. Even that is a violation of law.

Last edited by Foster2007; 07-09-2007 at 05:45 PM.
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