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

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  #46 (permalink)  
Old 07-21-2007, 10:26 PM
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Default

Quote:
Originally Posted by internet

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.
IV alone did not win the battle alone, it took the concerted efforts of IV and other organizations including AILA and the threat of the AILF lawsuit to get DOS and USCIS to relent and reverse their decision.

It obvious you misunderstood the purpose of the AILF lawsuit. Why file a lawsuit seeking injunctive relief to allow plaintiffs to file and at the same time demand reimbursement of medical fees and compensation for mental agony (I doubt if there were any plaintiffs put on anti-depressants or therapy in those two weeks as a result of the decision). You can't have your cake and eat it, you either win the case to enable filing, or you sue for damages incurred as a result of the decision but then you have to forget about contesting the ability to file, I'm sure any sane individual will be glad to choose the former and in this case thats what the lawsuit reflects. If you have ever read any class action lawsuit, the lawyers always ask for costs of the suit, this is normal even in non class action lawsuits, the loosing party pays the prevailing party's costs!

In the prior lawsuit that was lost, it is clear that Rajiv said recently that such cases against the executive branch of government need to filed in other federal court circuits other than the DC one where it is likely they will not be inclined to frown when deciding against the executive. For the record, his lawsuit was not against the DOL.

Last edited by jkays94; 07-21-2007 at 10:52 PM.
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  #47 (permalink)  
Old 07-21-2007, 10:43 PM
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Default A word of caution

I think it is very important that all those seeking to file a case against the DOL review the Liberty v Chao ruling. It will be very difficult to file and win a case prior to September 2007 unless one files a case in a different federal circuit. Note that the 485 and DOL cases were in the DC circuit which lawyer Rajiv has been cited as noting are averse to decisions against the executive branch of government.

I quote from an ILW analysis (I believe I had posted this elsewhere):

However, the plaintiffs in this case have made it somewhat easier for future litigants similarly situated in that DOL has provided the District Court with a projected timeline for adjudicating the massive DOL backlog, the failure to do which may make future courts more sympathetic (see p. 16). This case also provides a helpful list of cases arguably on point which other district courts in other circuits may find more persuasive than those cited by the District Court in justifying its decision (see p. 15).

Last edited by jkays94; 07-21-2007 at 11:07 PM.
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  #48 (permalink)  
Old 07-21-2007, 11:04 PM
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Unhappy

Quote:
Originally Posted by risker
Hi All,

Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.

Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?

I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.

I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.

One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?

So please let us start acting now: The list of next possible steps (in no particular order) are:

- Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
- Get the support of IV core team for this
- If no other alternatives are available then consider filing a case. Consult an attorney for this
- Raise more awareness about this and get allt he support we can
- Raise some money towards this cause


So please please provide more inputs so that we could start making some real progress. Thanks!!

Hello Risker,
After going through all postings, it is wise to consider the following actions in order:
1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
2. In the meantime, Get the details of peoples whose case are still in backlog centre.
3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)


P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.
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  #49 (permalink)  
Old 07-21-2007, 11:09 PM
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Unhappy

Quote:
Originally Posted by risker
Hi All,

Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.

Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?

I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.

I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.

One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?

So please let us start acting now: The list of next possible steps (in no particular order) are:

- Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
- Get the support of IV core team for this
- If no other alternatives are available then consider filing a case. Consult an attorney for this
- Raise more awareness about this and get allt he support we can
- Raise some money towards this cause


So please please provide more inputs so that we could start making some real progress. Thanks!!

Hello Risker,
After going through all postings, it is wise to consider the following actions in order:
1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
2. In the meantime, Get the details of peoples whose case are still in backlog centre.
3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)


P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.
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  #50 (permalink)  
Old 07-21-2007, 11:23 PM
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Default write to Elaine Choa and Emilio

Send a letter out to Gonzalez, Elaiane Choa and head of BEC's about your situation.....this is great injusticeI understand...
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  #51 (permalink)  
Old 07-21-2007, 11:28 PM
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Default

Quote:
Originally Posted by mallikonnet
HI RISKER I GOT FEW QUESTIONS. THESE QUESTIONS MAY WELL BE ASKED BY DEFENDATS(DOL) WHEN YOU FILE LAWSUIT.

1. WHY DIDNT YOU UPDATE TO PERM LABOR WHILE RETAINING PRIORITY DT
2. DID YOU CONSIDER RIR AND REGUALR CASES DIFFERENCES WHEN ARE SUEING FOR FIFO
3. DID YOU FIND PEOPLE FROM THE SAME COMPANY WITH DIFFERENT FILING DATES APPOVED NEW AHEAD OF OLD FILING DATE( THIS WOULD GIVE YOU A STRONG REASONING WHEN YOU WANT TO SUE). COMPANYS PROFILE CAN INFLUENCE A LOT ON DECISION MAKING EX.. MICROSOFT VS DESI COMPANY.
4. HOW MANY CASES YOU HAVE STUDIED FOR VIOLATION FIFO. COLLECT DATA FROM BEC APPROVED PEOPLE AND THE PEOPLE STILL STUCK THERE.



I WHOLEHEARTEDLY AGREE THE INJUSTICE DONE BY DOL. HEY BUT BEFORE JUMPING THE GUN GET YOUR AMMUNITION READY THEN CONTACT CORE AND THEN SEE FROM THERE.....


GOOD LUCK
Hi mallikonnet,

I THINK YOU CANT RETAIN THE PRIORITY DATE WHEN YOU APPLY FOR PERM.
WE ARE TALKING ABOUT THE TRADITIONAL CASES HERE FOR FILING. SOME CASES FROM THE SAME EMPLOYER WITH PD 2005 ARE TAKEN BEFORE WITH PD 2003.
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  #52 (permalink)  
Old 07-23-2007, 05:47 PM
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GC_Wait2002 is infamous around these parts GC_Wait2002 is infamous around these parts
Default I support this 100%

I am one of the victims here. I filed my labor on August 2002 EB2 and it is still waiting in the backlog center In-Process. I (w)hole-heartedly support for this...i guess we should send flowers to backlog centers...
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  #53 (permalink)  
Old 07-23-2007, 06:24 PM
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Default i support Risker 100000000%

My PRIORITY DATE IS sep 2002 ..i am still stuck in PBEC ...


Sending Petition to USCIS and letter to DOL . should be first step ..
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  #54 (permalink)  
Old 07-23-2007, 07:19 PM
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Default Friends, To all those cases stuck at BEC

My case with PD of Aug 2002( EB3) was stuck at PBEC until May 23, 2007. PBEC had closed my case multiple times, and had to really fight to get it reopen and finally certified. I have sent emails to Sec. of Labor ( Elaine Chao) twice. Her office was helpful in opening my case. I got reply from her office within a month too. Also, I mailed senators too. Try to talk to senators from your states. I know and understand the pain of you guys, whose cases are stuck at BECs. Personally, I feel that you guys should mail Sec. of Labor, and let her have the attention of these cases. This is really injustice!
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  #55 (permalink)  
Old 07-23-2007, 07:51 PM
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I think we need to apprise Congresswoman Zoe Lofgren. Is there anyone else in similar situation in bay area?

Quote:
Originally Posted by sriramkalyan
My PRIORITY DATE IS sep 2002 ..i am still stuck in PBEC ...


Sending Petition to USCIS and letter to DOL . should be first step ..
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  #56 (permalink)  
Old 07-23-2007, 09:34 PM
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Default Stuck in DBEC

Hi,

I live in the Bay Area and my labor application is stuck with DBEC. In March 2007, we got recruitment instructions and ad was posted in April 2007. We got zero resumes and results were sent back to DBEC on May 16th, 2007. Still have not heard from DBEC and looks like I will miss the Aug 17th deadline for July VB and god knows when I can move to the next stage.

Thanks,
Prasad
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  #57 (permalink)  
Old 07-23-2007, 10:23 PM
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Default

I know everything, i have been following these forums from past 3 yrs, but i responded to the post by ksircar, he said "I think some SELFISH people with recent PDs are scared as people with older PDs may take the quota" which was inappropriate, cursing core members or people who are eligible to file 485 doesn't help right? that's all i want to say.

Quote:
Originally Posted by justice4all
Here I want to make clear, FIFO for taking labor applications and sending ad instructions not for approving. I know depending on compilcation of cases(I think), some cases with PD 2005 get approved fast and cases with PD 2003 are taking longer. I dont know why all these mess in DOL, for taking the labor applications and sending ad instructions.
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  #58 (permalink)  
Old 07-23-2007, 11:35 PM
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Default this i support

Ok, taking the emotion out of proposal, i agree fully with this post.

My application with PD 2003 was stuck in BECs for more than 2 yrs. There were cases being approved in a random fashion - unfortunately, we were not organized to put enough presssure to sort out the mess and ask the BECs to follow some sane procedure.

Now that we are at the 485 stage, I think it makes a lot of sense to first try and urge USCIS to follow a simple PD+RD procedure. If the PD of a case is earlier, than adjudicate it first. Plain and simple.

I'm also happy for the greater good and the fact that people who got their labors cleared as late as 2007 are able to file for 485. The 485 filing problem, namely, being able to when PD is not current is on IVs agenda anyway and a top priority. But for people to just jump the line is more of a selfish act than 'risker' starting this thread.

Btw, I don't see anything wrong with this thread, it is not a selfish agenda. We should work together to lobby and put pressure on USCIS to make this simple procedural change of using PD and not Receipt Date. It is fair and makes absolute sense.


Quote:
Originally Posted by GCBy3000
I agree with what you say. Yes, backlogged victims need some justice at this moment, otherwise there it is morally not good for everyone.

1. Why don't we petition first before thinking of Lawsuit. We from IV should write a letter to USCIS stating the injustice brought to the backlogged victims and how it is mentally affecting them etc. We should ask USCIS to consider these things and come up with a solution for backlogged victims instead of threatening DOS and others with Lawsuit. Since we are at their mercy, there is nothing wrong in keeping them higher up and at the same time getting what we want.

2. If the petition did not work out, then we can think about some suit. Still I don't agree with any suit as it is not going to bring justice. By the time the suit clears, you will have your GC in hand.
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  #59 (permalink)  
Old 07-23-2007, 11:42 PM
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Default its v unfair indeed

IV must take this issue asap!
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  #60 (permalink)  
Old 07-24-2007, 12:34 AM
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Wink Its just Luck ...

Its delayed process and not a deliberate effort that is the reason for you not getting your LC. I see no logic for you to su DOL. I do feel bad for you but I will say sit back as these things some time happens with every one. I am sure you will be in good shape as Backlog processing Center will be finishing remaining LC's very soon.

Its just luck ....
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