Filing a case against DOL - All affected, please join and support this

[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The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been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!!!

[rdehar]

Your concern is 100% justified, but BEC has vowed to clear all backlog by Sep '07.

When the dates move forward in Oct '07, you will have advantage with your PD.

Please read some thoughts at:

http://immigrationvoice.org/forum/sh...ad.php?t=10774 (WWUD - What Would USCIS Do)

My best advice would be "be prepared" and good luck

[risker]

Originally Posted by rdehar

Your concern is 100% justified, but BEC has vowed to clear all backlog by Sep '07.

When the dates move forward in Oct '07, you will have advantage with your PD.

Please read some thoughts at:

http://immigrationvoice.org/forum/sh...ad.php?t=10774 (WWUD - What Would USCIS Do)

My best advice would be "be prepared" and good luck

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.

[GC_2004]

I completely agree with U. Let Us Fight.

[rdehar]

Even I have seen people at my client sites, filing 2-3 years after me get labors and I-140s, do a little 'I am going out to better job' dance and move on, while I have to turn down offers (with 30-40K salary increments !!)

But take heart my friend, "every dog has his day"

[GreenCord]

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!!!

While the reasons seem valid, please think over this action clearly. For one any case such as this one can take a long time to go to trial and there is no guarantee of a favourable verdict. Also filing of such cases end up being very expensive for the plaintiff.

[risker]

I understand that it might be late and filing a case might be expensive etc. But how come people like murthy.com etc. were willing to fight the sudden revoking of I-485 by UCIS along with AILF? It will only be hypocritical to consider that as injustice and this as not. I don't think filing a case is going to bring the whole process to a halt. The BEC will still continue to process the cases while this case goes on.

We have to do away with all those naysayers and all those IFs and BUTs. I don't belive in it.

We know we have a justified case here and it is a simple matter of whether we are willing to fight.

Why can't we get the support of AILF for this or other law firms? I know there are enough people who have been affected to justify that.

[justice4all]

I accept what risker says.. I am also one of the people with PD 2003 and waiting for the backlog center to send my ad instructions and my friends & neighbours with PD 2005 have all filed I140 & I485 with current fees and expecting their EAD and AP soon. Where is justice? I am in. Common guys pls. join risker.

[nitinba]

Originally Posted by risker

I understand that it might be late and filing a case might be expensive etc. But how come people like murthy.com etc. were willing to fight the sudden revoking of I-485 by UCIS along with AILF? It will only be hypocritical to consider that as injustice and this as not. I don't think filing a case is going to bring the whole process to a halt. The BEC will still continue to process the cases while this case goes on.

We have to do away with all those naysayers and all those IFs and BUTs. I don't belive in it.

We know we have a justified case here and it is a simple matter of whether we are willing to fight.

Why can't we get the support of AILF for this or other law firms? I know there are enough people who have been affected to justify that.

I am with you buddy, but u have to understand
1. AILF will not file such case as they dont have big numbers of people supporting it as plaintiff
2. Your reasons are justified but you forgot one thing: US govt agencies (whether it is USCIS, DOS or DOL) treat immigrants as with the principle "beggars are not choosers", so per them you as an individual and your feelings doesnt matter much
3. Try to think positively, even though everyone will file 485 now but come Oct and if your labor is approved by that time you will be much ahead of everyone and you will not loose your place in the line. I am sure u will get GC approval before most of the July filers

Stay positive, stay calm. May God bless you!!

[risker]

Originally Posted by nitinba

I am with you buddy, but u have to understand
1. AILF will not file such case as they dont have big numbers of people supporting it as plaintiff
2. Your reasons are justified but you forgot one thing: US govt agencies (whether it is USCIS, DOS or DOL) treat immigrants as with the principle "beggars are not choosers", so per them you as an individual and your feelings doesnt matter much
3. Try to think positively, even though everyone will file 485 now but come Oct and if your labor is approved by that time you will be much ahead of everyone and you will not loose your place in the line. I am sure u will get GC approval before most of the July filers

Stay positive, stay calm. May God bless you!!

Again, sorry to say, but you are looking for excuses. I am looking for reasons. I know there are enough people out there to support this case. It is a simple matter of people spreading the word and jumping into the bandwagon.

I don't care whether they consider us as beggers or kings or whatever. It doesn't matter to me. It is a justified case and we have to put up a fight.

So please don't give excuses. That is not what I am looking for here. We might have a 1000 excuses for not filing a case, but only one reason to file it. We want justice. This can't go unheard or unnoticed.

[risker]

Originally Posted by justice4all

I accept what risker says.. I am also one of the people with PD 2003 and waiting for the backlog center to send my ad instructions and my friends & neighbours with PD 2005 have all filed I140 & I485 with current fees and expecting their EAD and AP soon. Where is justice? I am in. Common guys pls. join risker.

Hey, thanks for the support. Please talk to anyone who know has been affected personally. Please spread the word. I with few other people will talk to a lawyer soon on this to get things initiated.

But we will need enough support to gather a critical mass and start things rolling in the right track.

So can we have a online form where everyone affected can sign in? How do we do that?

[risker]

I am one of the several may be thousand who have been affected. I am not using this for my slefish purposes. I am trying to get the suppoprt of IV and its members for this cause. I am not disagreeing with IV in any way.

This is an agenda for a common cause for all affected people and I want everyone to support.

Someone has to sow the seed and start the process. Doesn't mean since I started the thread it is my selfish agenda. It is part of IV's goal to get justice for all people who are affected by any immigration issue. So IV is the right forum to raise this issue.

1000 people * $20 each = $20 K. So that is not an impossibility.

If you have the will you have the way.

[radhay]

Hi i feel your pain. I think you should look into writ of mandamus which people having been filing for FBI name check issues(i am one of the victim). You will need support of employer since this is employer's petition.

Originally Posted by risker

Hey, thanks for the support. Please talk to anyone who know has been affected personally. Please spread the word. I with few other people will talk to a lawyer soon on this to get things initiated.

But we will need enough support to gather a critical mass and start things rolling in the right track.

So can we have a online form where everyone affected can sign in? How do we do that?

[ksircar]

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.

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.

[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.