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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 04-21-2010, 12:18 PM
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Default Lawsuit against USCIS

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

Has anything been done yet?
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  #2 (permalink)  
Old 04-21-2010, 12:29 PM
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Default I did try to do it

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 ...
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  #3 (permalink)  
Old 04-21-2010, 12:45 PM
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Default

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Originally Posted by bank_king2003 View Post
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.
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  #4 (permalink)  
Old 04-21-2010, 12:59 PM
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Default That is possible

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.
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  #5 (permalink)  
Old 04-21-2010, 01:10 PM
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Default

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Originally Posted by bank_king2003 View Post
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

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.
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  #6 (permalink)  
Old 04-21-2010, 01:12 PM
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Angry porting/moving dates

I understand your problem with moving dates slowly but did not follow your problem with porting.

Thanks,
SG.


Quote:
Originally Posted by eastindia View Post
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.

Has anything been done yet?
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  #7 (permalink)  
Old 04-21-2010, 01:25 PM
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Default

Quote:
Originally Posted by greyhair View Post
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

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.
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  #8 (permalink)  
Old 04-21-2010, 01:28 PM
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Default :) so we are again to one

Quote:
Originally Posted by greyhair View Post
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

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.
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  #9 (permalink)  
Old 04-21-2010, 01:30 PM
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Default but why?

Quote:
Originally Posted by bank_king2003 View Post
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!
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  #10 (permalink)  
Old 04-21-2010, 02:31 PM
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Default

Quote:
Originally Posted by eastindia View Post
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".
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  #11 (permalink)  
Old 04-22-2010, 09:33 AM
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Default

small correction:
president is not a member of the congress and neither are the judges (separation of powers)

Quote:
Originally Posted by bank_king2003 View Post
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.
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  #12 (permalink)  
Old 04-22-2010, 10:28 AM
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Default

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.
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  #13 (permalink)  
Old 04-22-2010, 02:44 PM
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Default

try it and let us know how that works out for you
Quote:
Originally Posted by eastindia View Post
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.
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  #14 (permalink)  
Old 04-22-2010, 03:04 PM
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Default You can sue USCIS in following scenarios

Quote:
Originally Posted by eastindia View Post
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.
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  #15 (permalink)  
Old 04-23-2010, 10:13 AM
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Default

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!!
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