Ask your bank to cancel the check mailed for lawsuit

L

labordrags

Registered Users (C)
No clear FIFO being implemented from DOL, missing its own construal analysis as being promised on their website, http://workforcesecurity.doleta.gov/foreign/faqsanswers.asp#blcp1 I would like to call all of you to get your thoughts in resolving this grave issue. In the past when such promises were broken, the only way its been assured is by filing a lawsuit. Few months ago, when this matter was discussed with Rajiv Khanna in the conference call, he suggested that the case would be weak as we all focused in slowness of BECs daily work. But this time, we can still run our case stating why RIR and TR cases never received any equitable treatment in processing? If you all agree with me, lets do something about it. I also would like to thank GCBy2010 by bringing this issue up.

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We have finally decided to go against DOL and file a lawsuit to seek our progress in corporate american game. Please follow the thread and see if your contribution will make any difference. I appreciate all your effort in getting involved to see the solution by means of lawsuit.

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Hi sbdol: Your effort is indeed an appreciatiable one, you have done remarkable job. All memebers will thank you for your wonderful tasks.

1. Elect a responsible person who would direct the efforts and collect the contributions in a safe manner. See below.

---I will take this opportunity to collect the funds IF there is no objection from single member of this forum who is actively seeking a lawsuit be an ultimate option.

2. Create spreadhseet for the people willing to contribute.

---I will create a spreadsheet, and will post the money being donated or contributed as I received it in my regular mail with all the data as necessary.

It should have the following fields:
a) Nickname of the contributor.
b) Whether his case is being submitted to the lawsuit
c) Contributed amount.
d)... Anything else ?

I am not that proficient with excel so could somebody create a nice template?

---I am not going to create a nice one, just a plain simple, if anyone can come up with all the bullets, then it can be replaced later on.

3). Everyone willing to contribute sends a personal check on the name of Office of Rajiv Khanna to the person elected under p.1 .

---People should send their checks to the address I will provide, and should mention on the check of its expiry after 120 days of its issuance. Every check should read Law Offices of Rajiv Khanna as a payee.

4). These checks should be kept uncashed until we achieve the necessary amount.

---I will make sure none of these checks will be cashed or send to Rajiv Khanna, until we come up with 10K.

If for some reason the deal will fail the checks should be sent back.

---I cannot send a check back to you, it will automatically be invalid after 120 days of issuance. Or you may request your bank to stop the payment on your particular check number that is sent to me.

Also every contributor can just ask his bank to cancel the check.---Whichever is easier for you.

The person who is responsible for collecting the checks will enter each contribution in the spreadsheet and post it here.

---I will be doing that, and will be updating it regularly, almost in daily basis.

Once we collect the necessary amount all the checks are sent to Rajiv and he can file the suit.

---I think everyone agrees to the terms and conditions that has been setforth here.

5). If somebody can induce his employer to participate or to contribute that would be extremely helpful.

---Employer participatation is not necessary, but if someone wants to talk to their employer and he/she wishes to track the case, we could do that as well.

I believe this way everybody will feel safe, which at the end should ensure more people will contribute.

---I will make sure, no one will SKIM our plan, if it works it will be benificial to all the community members, if it fails we still have peace of mind.

How does it sound ?

---This works great.

Q. Why are we filing the law suit?

A. Department of Labor significantly delayed the adjudication of labor applications. Some applicants have been waiting for more than 5 years. Despite promises to process cases in FIFO order the applications are processed randomly. To make the thing worse DOL removed any access to the processing times leaving applicants in complete information darkness.

Q. Are going to win the lawsuit?

A. The main purpose of the lawsuit is not to win but to bring attention of the public and lawmakers to the problem, which at the end could be even better than winning the lawsuit.

Q. Who is going to represent you in the court?

A. Rajiv S. Khanna.

Q. How can I participate in the lawsuit?

A. Currently we are collecting funds for the lawsuit.

You can send a check in the amount of $100 in the name of Office of Rajiv Khanna to the following address:

Fund Collection Campaign
26 Norwich Drive Suite # D
Rochester, NY 14624

Also we need about 30 – 40 real cases preferably with the earlier priority dates to represent them in court. If your case can help to prove the unfairness of DOL it would be very helpful.

Q. How can I be sure that my check will not be used for some other purpose?

A. The check can be cashed only by the beneficiary, in our case Rajiv Khanna. We will keep collected check till we achieve the requirement amount of $10,000. If for some reason the suit will not be filed we will destroy the checks. You are encouraged to instruct your bank to cancel your check.

Q. Do I have to notify the employer if I want to participate?

A. According to Rajiv you don’t have to.

Q. Is this a Class Action Lawsuit?

A. Not, at least initially. This way we will save time and money.
 
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No use.
There was a case against DOL which petitioner lost. That sets the precedent for future cases.

A better effort would be to ask for transperency at DOL to publish dates for prcessing as they used to before creation B(blackole)EC
 
bigbang2001 said:
No use.
There was a case against DOL which petitioner lost. That sets the precedent for future cases.
Click to expand...

Are you saying that the petiotioner filed the case stating there is lack of FIFO while approving the cases? Where did you see that info? Any attachement of lawsuit? If that was the case, we should not initiate the call.
 
Thanks LaborDrags

Hello Friends,

I have been watching the growing frustration of labor applicants who have been waiting for the labor to get approved for a long time.

While we were expecting a fair and equitable method of processing by the BECs to adjudicate labor applications in the order or priority, the BECs have been using their carte blanche to abuse the system. Given the occult nature of the BECs operations it has become difficult for anyone to question them.

General methods to question BECs of their delays in processing by means of lawsuits have failed to produce desired results.

I wanted to explore the following option:

1. File a lawsuit against BECs for discriminatory processing of Non-RIR applications that were filed later, when applications filed from years like 2000,2001 and 2002 are still pending. There have been many Non-RIR cases filed from year 2003 that have been approved.

Here is an extract from the DOL website at the URL below:

http://workforcesecurity.doleta.gov/foreign/faqsanswers.asp#blcp1

*****************extract from DOLs website *********************

5. Can we assume that if our Region's cases have already been moved to a BPC, then these cases are among the earlier filing dates and we can expect them to be processed soon according to FIFO?

Answer:

All cases, regardless of whether they were in a Regional Office or a SWA, will be processed according to FIFO, once entered into PBLS.

**********************************************************

It is not my intention to alienate other folks who labors have been affected because of processing delays. There are a large number of people affected in various stages of the arduous GC process. But unfortunately, the old Non-RIR labor filers whose cases never went to the regional processing centers before the BECs were formed seem to be among the worst affected.

I am inviting a vote from old Non-RIR filers (specifically from 2000,2001 and 2002), who would be interested in joining to file a law suit against the BECs. If there is a possibility to file the lawsuit, be aware it will cost time and money. But this time (& probably money) will still be worth much less than the agony we suffer at the hands of the BECs.

Non-RIR filers who have pending applications that are older (after having been advertised earlier) are also welcome to join.

If there are RIR filers that are affected similarly, or can offer other suggestions they are most welcome.
 
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I support ur efforts

I think law suit is the only way too. I am not too sure if we can file a lawsuit about FIFO itself, I don't know if DOL is bound by law to do a FIFO. There was no FIFO before BEC.

Does anyone know where we can find a copy of the contract and terms and conditions which were published. We should also see what terms in the contract are not fulfilled by the contractor, so we can also sue the contractor.

-I can see the RFP (google it) and one of the clauses in RFP says that contractor must be able to handle large volumes of calls. Not happening here

-Another point to be discussed is how is that the study done by PWC underestimated the efforts to this extent that they have spent so much time just entring data. Or is it that the contractors just streching the work? Or why the recommendations were not put in place?

-In RFP contractor is required to give regular (weekly and monthly) reports on work done as per the baseline and how to fix that. We need those reports published and see who is slacking.

From the RFP I think the contract was very loose, DOL just wanted someone to finish up this work in 1-4 years, and do it cheap. There are no requirements of when to finish processing or how to process (FIFO or not). No deadlines, no clause to support an online tracking system or criteria to track contractor's performance. They just wanted someone to pick up this work and finish it.
 
labordrags said:
But this time, we can still run our case stating why RIR and TR cases never received any equitable treatment in processing? If you all agree with me, lets do something about it. I also would like to thank GCBy2010 by bringing this issue up.
Click to expand...

They can easily defend their positions claiming that processing RiR cases require far less time than that of TR cases so they are processed faster. That was the idea of establishing RiR in the first place.

Another point is that DBEC already has processed almost all their RiR cases. By the time of the court hearing PBEC would probably finish theirs since the number of RiRs if far less than the number of TRs and as noted above RiR requires less time to process. So what would we ask the judge? A monetary compensation? To revoke the approved RiR cases ?


There is much more evident fact; The dicrepancy in processing times of PBEC and DBEC, which currently is 300%. That would be much more difficult for DOL to defend. Also PBEC's processing order is absolutely random. It looks like it is based not on RiR/TR but on the proximity of the box with cases to the door.

But even though we are not DOL's clients so how are we going to sue DOL ?
Moreover how can we claim the right to discuss the contract between DOL and BEC ?

Employers is the only side that can sue DOL but there are too little insensitive for them to do so.
Guys that work for big companies like Microsoft should try all their best to persuade their lawyers to put pressure on DOL.
 
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SBDol

If you read my message above carefully, I am not comparing the speeds of Non-RIR and RIR. RIR has a priority over Non-RIR and it is not questionable, there is no doubt about it. Let us not compare apples vs. oranges.

All I am saying is Non-RIRs filed in 2003 cannot be approved prior to Non-RIRs filed in 2000. This is their own stated policy in the URL I gave above. They seem to be violating their own policy.

If RIRs filed filed in 2004 are being approved prior to RIRs filed in 2000 or 2001 again, that becomes questionable.
 
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Who is the client

You are right we are not the client, that's why a lawyer (citizen) has to file a lawuit on our and our employer's behalf.
And citizen do have right to discuss all contracts govt assigne, remember press discussing haliburton's Iraq contracts.
As far as comparing DBEC and PBEC, it is inconsistent, agreed, can PBEC come back and say that they have entered more data? or something else which still qualifies as work? And it's not like DBEC has cleared all Regional case, there are still a many pending regional cases (03 cases also, I have a Feb 2004 app pending).
I accept that it is not easy to file a lawsuit, because there is no bound on DOL.
There is no timeline, no defined process that they have to follow, so how can u prove that something is not right.
But with proper research and working with a good lawyer we can find some weakness here. That's where we can seek Rajiv ji's help and guidance.
First thing we have to decide is are people willing to support such a cause.
We don't know what can be achieved, too many uncertanities, only after taking to a lawyer we wil have better idea, but is it worth a try? I say why not?
You heard the latest news "Good news" that visa numbers are going to jump for next many months "thanks" to BEC delay. Isn't that frustrating enough that USCIS considers these backlogs as "good"? We need to fight back.
 
Days_go_by

I agree with you.

The reason this thread has been started is to see how many people would be interested in joining a law suit.

I have already sent a detailed message to Rajiv with help from labordrags. Waiting to see his opinion on it. If he is interested in pursuing the case, I would like to see how many people would come aboard, to make resources available.

Similar to the I-485 case that was filed by Rajiv earlier, the mere filing of a case would have a salutary effect on labor applications, let alone the outcome which might take a long time..But I see no light in the near future that BEC would be able to clear the backlog either.
 
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Days_go_by said:
You are right we are not the client, that's why a lawyer (citizen) has to file a lawuit on our and our employer's behalf.
.
Click to expand...

Lawyer does not have to be a citizen. Actually lawyer is not sueing - he is representing someone else. As I said that someone cannot be one us. But my point was that someone has to be an employer who filed labor certifications.
If we can persuade our employers to file a lawsuite we will have much better chances for success.
 
Please Dont give up!

Lets fight together and file a lawsuit, even we are going to lose the case or even our case is weak or even we know that this won't help or even we will lose the hope or even we cannot do anything other than wait. I am ready to throw upto 100 bucks from my side if we are willing to bring the issue up.
 
sbdol said:
Lawyer does not have to be a citizen. Actually lawyer is not sueing - he is representing someone else. As I said that someone cannot be one us. But my point was that someone has to be an employer who filed labor certifications.
If we can persuade our employers to file a lawsuite we will have much better chances for success.
Click to expand...

Dont worry about the employer. We have plenty of them. Lets first focus on if or not are we going to bring the lawsuit. Lets wait till we hear from Rajiv, and see what can be done? But until then lets continue to discuss the pros and cons of lawsuit. Like I said eariler we must do something, and I am willing to do whatever it takes to get this done.

In the meantime, here is the info for the conference call number: I am not sure when we can initiate the call. I will be much more busier coming this weekend and if we do the conference on Friday, I might not be able to attend it.

Rita got back to me with this info:
The access number and code are as follows:
Phone Number: 319-256-0200
Access Code: #580917
 
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We Intellectual talk too much but NO action. No offence to any. Lets see..

labordrags said:
Lets fight together and file a lawsuit, even we are going to lose the case or even our case is weak or even we know that this won't help or even we will lose the hope or even we cannot do anything other than wait. I am ready to throw upto 100 bucks from my side if we are willing to bring the issue up.
Click to expand...
 
labordrags said:
Dont worry about the employer. We have plenty of them. Lets first focus on if or not are we going to bring the lawsuit. Lets wait till we hear from Rajiv, and see what can be done? But until then lets continue to discuss the pros and cons of lawsuit. Like I said eariler we must do something, and I am willing to do whatever it takes to get this done.

In the meantime, here is the info for the conference call number: I am not sure when we can initiate the call. I will be much more busier coming this weekend and if we do the conference on Friday, I might not be able to attend it.

Dial-in Number: (605) 990-0300
Access code: 411380#
Click to expand...

I am more than sure if Rajiv calls for an action most forum members including me will give all possible moral and financial support.

I personally have already lost too much in my life due to DOL's laiziness.
 
One more person willing to join

Just to keep track, I am posting this message by MI_NonRIR on the Non-RIR forum here:

GCBy2010:

I'm interested to join.

Please count on me.

Michigan: Non-RIR
PD: May 2002
45-D letter: Jan.
 
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Anand_Mishra said:
We Intellectual talk too much but NO action. No offence to any. Lets see..
Click to expand...

No offence to you too, what do you mean by we intellectual talk too much? what have you done in the past to get out of BECs mess? At least I put an effort in the past of initiating a conference call with Rajiv to get an expert opinion on the pending cases. What was harm in doing so? If the intellecutal talk reminds you of taking few critical thinking class in school, then one can treat this thread of such happenning. I seriously urge not to dilute the nature of this thread by putting wrong sentiment. If you wanna join hand, we are with you otherwise please dont waste your valuable time and energy even by browsing it.
 
Heard from Rajiv.

Just heard from Rajiv, he asked Rita to initiate the conference call.

From Rajiv's email: Let us do a call. Rita, can you please assist us.

I will wait from him to post in this thread. In the mean time, I am making this thread sticky.

Thanks for all your support.
 
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Conference call status?

Please pick up a time and let me know when we can initiate the conference call. Please make your schedule ahead of time. Also please make the call notice at least 2 days in advance.
 
Conference call

How about 10.00 or 10.30 AM eastern on Feb 2nd ?

Did Rajiv come up with any timings ?
 
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