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Backlog Processing Center Labor processing for those who applied before Mar 28

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  #16 (permalink)  
Old 07-21-2007, 03:16 AM
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Quote:
Originally Posted by risker
Thanks for your feedback. But processing a '05 labor cert before a '03 labor cert is injustice at the most ugliest form. No where, I mean no where in the world are people going to accept someone who came later in the queue to be allowed to have service before people who have been waiting for years together in the queue. Why would anyone do that and how is that justified? It is a mental worry and stress for the affected folks right now because we are still waiting with uncertainty. Why should we? Why????

So whatever happens in the future isn't the concern. There are no guarantees offered as you know with these processes. If it happens it happens and we will take it at that time.

The point is to bring to the attention of the proper authorities this injustice in the system and to make sure that we are guaranteed some form of relief/concessions. As you know the filing fees are going to increase and again there are no other guarantees.



Hello risker,

As I said your claim is a valid one. Having said that filing a lawsuit against the agency and getting a suitable verdict is very difficult.

Its seems you are new to this area (lawsuits) and I would recommend you to do some research on how many immigration complaints that were filed during the past 10yrs ended with the plaintiff winning.

Lawsuits in the US is all about money. Its not like getting an attorney and filing a complaint and then hope to win. This is why people always like to go for settlements since lawsuits can be thrown away even before a trial during summary judgement. Do you know what is the average fees for an attorney ?
And do you know how many attorneys you might need to make a strong case ? Do you have any idea of what kind of Judge might preside over your complaint ? Do you know what is discovery ? Do you know the onus is on you to show that USCIS has broken the law ? Its not enough to tell the court the USCIS has made a serious mistake. The court will not listen to that argument. You will have to proove to the court what is the law that the USCIS broke.

I am only telling this from experience as I know this game inside out.

Anyways I wish you all the best, who knows you might just win.
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  #17 (permalink)  
Old 07-21-2007, 08:16 AM
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apply poltical pressure first. contact logfren

Quote:
Originally Posted by risker
Thank you ksircar for your strong support. You are absolutely right and you have logically laid out the reason for the case well.

Now it is time for gathering more support and momentum for the case so that we could do something.

I am ready to contribute. So please others jump in and show your support.
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  #18 (permalink)  
Old 07-21-2007, 08:54 AM
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Default Kudos Risker

Quote:
Originally Posted by risker
Subject: Injustice 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!!!
Risker,

I am very glad that you brought this point. Nothing would give me greater pleasure than suing the DOL. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter and deliberate disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on the DOL web site that they have tried to maintain FIFO, it makes me feel like puking.

Some folks have pointed that the lawsuit is not worth, as it has little chance of winning. To me personally, more than winning or loosing, it is a matter of bringing injustice to the light, as Gandhi has said something in this line: First step against injustice is to make it visible. This law suit will bring public scrutiny to the misdeeds of the DOL.

Even if all the backlogs get cleared by September 2007, severe damage has been already dealt to our lives. Though I am close to getting my labor clearance (I filed RRI few weeks back), I am strongly in favor of continuing with the law suit even after getting the labor clearance.

Letís get IVís attention and support in this area. Letís talk to AILA. Letís write letters to senators and house representatives (congresswoman Lofgren may be good person to start with). Letís write to media personnel. Letís do whatever needs to be done to expose this insult and injury to the immigrants who waited in the line for years and followed rules of the game.
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  #19 (permalink)  
Old 07-21-2007, 09:24 AM
dpp dpp is offline
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Frankly speaking, i am not a sufferer from BEC, but i want to know more about this mess.

Does the FIFO means, they process the applications in FIFO order, Does it mean that they approve also in the FIFO order? I think both processing and approving are different. Whoever got the case with less complications, will first get the approval and whose case got more complications, takes more time. Is it correct? I may be wrong. I think thats the reason why 2004 PDs may come out BEC fast sometimes as they put the case strongly and clearly.

Don't shout at me, i may be wrong.


Quote:
Originally Posted by Regal22
Risker,

I am very glad that you brought this point. Nothing would give me greater pleasure than suing the DOL. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter and deliberate disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on the DOL web site that they have tried to maintain FIFO, it makes me feel like puking.

Some folks have pointed that the lawsuit is not worth, as it has little chance of winning. To me personally, more than winning or loosing, it is a matter of bringing injustice to the light, as Gandhi has said something in this line: First step against injustice is to make it visible. This law suit will bring public scrutiny to the misdeeds of the DOL.

Even if all the backlogs get cleared by September 2007, severe damage has been already dealt to our lives. Though I am close to getting my labor clearance (I filed RRI few weeks back), I am strongly in favor of continuing with the law suit even after getting the labor clearance.

Let’s get IV’s attention and support in this area. Let’s talk to AILA. Let’s write letters to senators and house representatives (congresswoman Lofgren may be good person to start with). Let’s write to media personnel. Let’s do whatever needs to be done to expose this insult and injury to the immigrants who waited in the line for years and followed rules of the game.
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  #20 (permalink)  
Old 07-21-2007, 09:54 AM
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Default Strongly Support You

I really can understand how you and the thousands like you feel. Let me however point out something. All those who got to file the 485 now have just put their name in the que. When you join the que by filing 485 you will move much ahead of most. Having said this, I still feel that this is not a proper way that USCiS should be handling cases and we should send a strong message that when there are cases to be dealt with they shouldn't be ignored and over run. I am not affected by this situation and am neither a beneficiary of this July bulletin, but very very strongly support your point. Please consult with IV leaders and get their opinion on this issue. They have been fighting for all our issues and I am sure they will have a plan of action to deal with this too. Wishing you all the best and hoping all our members support you. ONLY A CRYING BABY GETS MILK. thats how this world works.
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  #21 (permalink)  
Old 07-21-2007, 10:01 AM
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Quote:
Originally Posted by Regal22
Risker,

I am very glad that you brought this point. Nothing would give me greater pleasure than suing the DOL. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter and deliberate disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on the DOL web site that they have tried to maintain FIFO, it makes me feel like puking.

Some folks have pointed that the lawsuit is not worth, as it has little chance of winning. To me personally, more than winning or loosing, it is a matter of bringing injustice to the light, as Gandhi has said something in this line: First step against injustice is to make it visible. This law suit will bring public scrutiny to the misdeeds of the DOL.

Even if all the backlogs get cleared by September 2007, severe damage has been already dealt to our lives. Though I am close to getting my labor clearance (I filed RRI few weeks back), I am strongly in favor of continuing with the law suit even after getting the labor clearance.

Letís get IVís attention and support in this area. Letís talk to AILA. Letís write letters to senators and house representatives (congresswoman Lofgren may be good person to start with). Letís write to media personnel. Letís do whatever needs to be done to expose this insult and injury to the immigrants who waited in the line for years and followed rules of the game.
I would strongly suggest talking personally to IV leaders about this. These are folks who by now really have a feel about how things are handled out there. They will suggest the best way to tackle this issue and am sure with their mature guidance, this is a very simple techinical issue that can be resolved. You are literally just saying "SIR, I WAS HERE BEFORE. I KNOW YOU ARE BUSY AND POSSIBLY FAILED TO NOTICE ME, BUT HERE I AM, AND I HAVE BEEN WAITING FOR LONG TO GET YOUR ATTENTION". honestly I dont think even USCIS wants to hurt you purposely, its just that the traffic of new PERM thing has overcrowded their desk and mind so they have shelved your applications unknowingly. PLEASE SHOUT OUT----THROUGH IV ONLY. let them realize that we have a strong organization and ONLY ONE STRONG ORGANIZATION.
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  #22 (permalink)  
Old 07-21-2007, 10:02 AM
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Quote:
Originally Posted by dpp
Frankly speaking, i am not a sufferer from BEC, but i want to know more about this mess.

Does the FIFO means, they process the applications in FIFO order, Does it mean that they approve also in the FIFO order? I think both processing and approving are different. Whoever got the case with less complications, will first get the approval and whose case got more complications, takes more time. Is it correct? I may be wrong. I think thats the reason why 2004 PDs may come out BEC fast sometimes as they put the case strongly and clearly.

Don't shout at me, i may be wrong.

My case was filed in 2002 under traditional labor certification. DOL never questioned anything or asked for any clarifications (so I assume there were no complications). The job was advertised in last April (it was a little newspaper advertisement with few lines and very generic job requirements). There were no resumes received. But still I have not received my labor approval. So what baffles me most is why has the DOL been not able to taken any decision on my case even after 5 years. One of my friends who applied in traditional labor two years after me has already received his LC. Let us say, for argument sake, the case was complicated. How complicated can it be to be delayed by several years, not months? We probably would get answers to these questions only if we drag the DOL to court and make them explain.
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  #23 (permalink)  
Old 07-21-2007, 10:07 AM
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I understand your frustration ,When we had to wait for our labors approvals even we have gone through the same sleepless nights and mental frustration.

Why dont you seek IV's help...They are really supportive and this website is a real boon for us all.Today we are able to get updated information of what is going on.
Seek their help...I beleive IV willd defnitely help in this issue.
By suing I dont know how far its going to help as they have clearly mentioned Sep07 for all traditional cases.Seek help from IV.
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  #24 (permalink)  
Old 07-21-2007, 10:11 AM
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Default Send PM to IV core members

risker,

Why don't you send PM to IV core members and discuss the issue with them? This may be your starting point. Discuss with them about IVs position on this issue and how soon they may take up this issue with high priority. Also they may advice you about the right persons (senators/Congressmen) to contact etc.

I advice do not use this forum to communicate with IV core team as you already know very well that there are many people who are already scared to lose their chance if your labor is approved.

Regards.
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  #25 (permalink)  
Old 07-21-2007, 10:12 AM
dpp dpp is offline
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Yes, you are right. It shouldn't take years to make a decision even if it is complicated. I think they may be not working on those cases at all. That may be the reason, they didn't comeup with any decision. It will be good if DOL gives the operating procedures and comeup with fair action on what they are really doing.



Quote:
Originally Posted by Regal22
My case was filed in 2002 under traditional labor certification. DOL never questioned anything or asked for any clarifications (so I assume there were no complications). The job was advertised in last April (it was a little newspaper advertisement with few lines and very generic job requirements). There were no resumes received. But still I have not received my labor approval. So what baffles me most is why has the DOL been not able to taken any decision on my case even after 5 years. One of my friends who applied in traditional labor two years after me has already received his LC. Let us say, for argument sake, the case was complicated. How complicated can it be to be delayed by several years, not months? We probably would get answers to these questions only if we drag the DOL to court and make them explain.

Last edited by dpp; 07-21-2007 at 10:59 AM.
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  #26 (permalink)  
Old 07-21-2007, 10:13 AM
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Hey Risker,

It is a FACT that you/your class is more agrieved than any other possible class. But we need to be high on intellect and low on emotions. There is reason to wait till SEP. Besides although I am not sure but Labor and I-140s are for the Employers and Employees take over only in the I-485 stage. So we need to strategize instead of doing wishfull thinking. Its lot usefull if we be analytical in these threads rather than pouring out emotions.

regards
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  #27 (permalink)  
Old 07-21-2007, 10:13 AM
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I am still not clear on what basis you can sue DOL? Is there any law that states that DOL should use FIFO or promises to process the labor within a certain number of days. Don't get me wrong. My case was also stuck in BEC for a long time so I can understand where you are coming from but still there seems to very little chance of winning this lawsuit. In fact it might even be tough to get any lawyer to take up this case.
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  #28 (permalink)  
Old 07-21-2007, 11:16 AM
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This is the most stupid thing i ever heard. sorry if i offended you by saying this, but i myself wish you should be first in the line than me. We(most of us whose pd is later than yours and most of you guys) wish sincerely that you people should get GC before we get. No one opposing your cause, but we are asking to think one more time whether you'll get any benifit from this. IF YOU THINK "YES" PLEASE GO AHEAD, but dont curse or use any kind of bad words, not appreciated.

Very few members of IV are stucked at backlog, so what i suggest is talk to core personally about your cases, ask them to help you guys in finding out what happened to your cases, if a person with pd 2005 got approved and 2004 is stuck means there might be some problem with the case filing, if not yours, your attorney might have done some mistake or so. so i personally think you should talk to core and find a way to solve this problem.

Quote:
Originally Posted by ksircar
Although, some people may call it SELFISH AGENDA and advice not to use IV platform, I strongly support the cause. Some people may advice that once the labor is cleared, people with 2001/2002/2003... PDs will be at the front of the line. But, when those old labors are cleared, will they be able to apply for I485? DOL may say that by September 30 the backlog will be cleared. Is there any gurantee? Even all are cleared, they will not be able to apply for 485 now (has to apply by August 17). I think some SELFISH people with recent PDs are scared as people with older PDs may take the quota.
Regarding IV platform, it is an organization for the GC sufferers and by the GC sufferers. So this is of course the right place. If IV is busy with other issues, then people have to start their own fighting.

I am neither sure about the legal complications nor have any idea about the legal fees (or who will pay it) etc. Better consult attorneys about the viability of the case.

BTW, my labor is not in BEC and I have already contributed $500 to IV.
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  #29 (permalink)  
Old 07-21-2007, 11:28 AM
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Thirdly you are using IV site for your agenda. Instead of supporting IV you are creating your own selfish agenda and not listening to IV. I have seen lot of offensive messages by you guys. You guys celebrated when all of us got screwed

I do not support your agenda.[/b][/quote]

I DISAGREE WITH THE TERM "SELFISH AGENDA". I have read responses form the core team and I understand BEC issues are beyond the scope of IV's goal. However I think we should let BEC impacted members to mobilize, organize and communicate with each other through this forum. I feel strongly for them because I was stuck in BEC for a very long time too, it is an integral part of Employment based green cards to a majority of applicants. Even if we don't support them by being involved since we are not facing those issues, we must sympathize with people affected with BEC backlogs and give them directions, thoughts and good energy and wish them well..

I know behind the scenes core team is providing support, ideas to BEC impacted resources on how to go about and ideas. I think it is just commonsensical that IV cannot take up every issue and fight for everything. So that is why they are focused more on Retrogression caused by visa unavailability as their primary goal!

Hope we stop showing indifference among members and stop going at each other, its not worth dividing groups!
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  #30 (permalink)  
Old 07-21-2007, 11:30 AM
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Quote:
Originally Posted by internet
Lawsuit will not help you. See AILA lawsuit for Visa Bulletin. USCIS did not even negotiate with AILA and chose to negotitate with IV. So you need to learn from it.
AILA now feels defeated because they could not show themselves as the protector of this community. If you see the lawsuit text by AILF, it clearly asks for money for lawyer fees, but does not asks for moeny for Medical exam and mental agony. So if you are going to trust your lawyers to help you, then good luck.
By the way, your Indian lawyer I dont know the name, sued DOL once and lost.
Secondly, how are you going to pay for the lawsuit? People here dont even want to pay $20 and you will need 20K or more for a lawsuit. Do you think you can raise that much?

Thirdly you are using IV site for your agenda. Instead of supporting IV you are creating your own selfish agenda and not listening to IV. I have seen lot of offensive messages by you guys. You guys celebrated when all of us got screwed

I do not support your agenda.
internet, what you say dos nott make sense.

1) "Lawsuit will not help you" that is what everyone said about July Bulletin. The fear of many lawsuits is what made USCIS ot backoff.
2) "... AILF,it clearly asks for money for lawyer fees,"I would rather trust lawyers on what and what kind compensaton I should ask for rather than people like you.
3) "How are you going to pay"? that is a question for next step, and I dont think you care.
4) "You guys celebrated " I am not in BEC but I don't agree with you, none of BEC guys celebrated, yes some repeated words we said to them.
5) "Thirdly you are using IV site for your agenda" is this not on IV agenda? even then this is an immigration cause and there is nothing wrong in some of the(BEC) members opening a thrad, they can fight there fight and use this site.

6)"I do not support your agenda" that your choice, and looks like it the hate that is making you say this.
7) Be careful, you are not out of woods yet, you can also get stuck in an odd scenario where you can be a minority.

internet, Dont be so anti BEC, they are suffring and if they want to fight let them.

I support the BEC fight, guys go for it and fight. This the right time.
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Will my case be affected by the new H1B Memo workinusa Non-Immigrant Visas 11 01-24-2010 07:33 PM
Filing a case against DOL - all affected please join and show your support risker Retrogression, priority dates and Visa bulletins 3 07-20-2007 07:03 PM
Can i join H1B employer as long as USCIS has received my case? Plz help gchope07 Retrogression, priority dates and Visa bulletins 3 06-28-2007 02:29 PM
please join this thread if filing AOS yrself mrsr Retrogression, priority dates and Visa bulletins 0 06-23-2007 07:51 PM



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