Legal Action Against DOL

Interested in taking a legal action against DOL

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  • Poll closed .
Impacts of unfairness and delayed in DOL process -

Friends,
I would like to add few more lines to my story.

On Career - Since I had to keep my present job, in last 4 years of waiting for LC, I have certainly lost many many rewarding oppurtunities. Will somebody compensate for this ? Nobody will.

Family - After living for about 5 1/2 years in Maryland, with wife & children well setlled to the environment, families, friends, communities and my involvement in community issues, we did not even dreamt that we might have to say good bye to Maryland and move to Los Angeles. The attachment is so much that, even my 4 1/2 years old son often bugs us to return to maryland. In just one stroke of management decision, our whole life turned upside down. More ever we are more closer to uncertain future and financial losses.

Financials - In absence of a GC and uncertain future, it was foolishness for me to think of Buying a house. Result was housing cost has soured to the skies and looks home buying a impossible task.

Now, with delayed LC, change of employer and new rules for Visa stamping, I can not even make plans for visit my ailing parents. My father is sick nad bed ridden. The Visa stamping in Chennai consulate just makes me go dizzy for days.

In all this drama, now I am back to the LC queue in the last spots behind about 200,000 cases which are ahead of me. More ever with LC filed in NO-RIR EB3 category, VISA retrogrssion news just make you to fall deep into demoral state and depressions. Also even my attorney is not sure of getting 9th year H1 extension approved due to change in employers and new LC application is not 365 days old. So packup to India seems certain.

With all this, only thing keeping me and my family in high spirits is our faith and we are just leaving here on daily basis as our days are numbered.

As one of the lines of Punkaj Udhas's famous Song " Chitti Aai hai......" says
"... Apne Ghar me bhi hai roti ."

Therefore mentally prepared to move to India.... For a family union and good future for our children.

Thanks for all your nice words and compliments.

Regards,
ksyed
 
My Story.

As usual as most of our group members.

I started by GC processing during the month of November 2001 and filed the case with State Labor during the month of February 2002 under RIR-EB3 category.

First Injustice:
Due to distribution of cases to various state labor offices (because of more no. of pending cases), my case was approved (from Philadelphia office) during the month of July 2003 and sent to DOL, Philadelphia. Most of my colleagues cases (who started their GC processing later than me) were approved by state and sent to DOL. This is the first injustice.

Second Injustice:
Being an optimist, I was thinking that, past is past and at least, my case will be adjudicated as per DOL receipt date. Unfortunately, I am wrong even at this stage. Some of my colleagues, whose cases were moved to DOL, Philadelphia later than me, got their labor approvals.

Third Injustice:
As all of us discussing about so called love letter/45 days letter and I have not yet received. Some of my colleagues, who started their processing in 2003/2004 got those.

Final Injustice? Who knows.
I am not sure, this could be final or it is another beginning. As I explained earlier, the people who started their cases later than me from my company got their labor approvals and also people are getting their GCs. And we do not know, when I am going to receive it.

Every day spending at least couple of hours on internet going through various discussion forums and web sites, thinking of some good news.......

Unfortunately, I could not see the labor approvals in near future (means at least 3 to 4 months from now).

So I am no more Optimist.

SRK
 
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Nice idea but...

I agree with your point, but don't think that any administration would be ok with it. Govt / Administration would not want all people who can pay and have jobs to become permanent residents. Its not just question of $1000, lets say if there was a scheme wherein if you pay $10000 you get waiver for complete GC process and you'll get it like you get driving license, 99% would go for it.
But govt won't do these things for some reasons....


estoykova said:
There is even no need to reallocate anybody. Since most of the staff in NPC will be new and untrained people, like most of the staff in the two BECs, wouldn't it be more simple just to hire twice as much workers to handle the applications? Then they will clear the whole backlog for 12-15 months which is a reasonable wait for us. And if the salary of these people is a big concern, then put a fee, say $1000 that each applicant have to pay and volia - problem solved. Personally, I think that paying $1000 now is a small price to pay for the peace of mind that comes with an approved LC.

Eli
Click to expand...
 
I have some doubts that our pitiful stories would touch the DOL. They would just laugh at us. Actually they have been laughing at us for the last 3 years.

I truly believe that the ordinary American citizen just does not know what is going on behind his back. And the following is going on:

The same body, in our case the Department of Labor, establishes the rules for itself. The same body controls adherence to the rules. Nobody can blame them for the complete mess they did of the labor certification process. The judge, the prosecutor, the defendant is the same body! They can and do change the rules “during the game” affecting beneficiaries retrospectively.

I cannot believe such situation has developed in a democratic society.

Look into the situation through the eyes of legal foreign workers. They did not sneak over the fence into the country. Most of them were invited to help fight the shortage of IT professional. And this is what they got:

Their employers have the absolute control over their fate.

They can be expelled from the country at any time with or without any reason and without any explanation.

They have no right to appeal the decision o f the Department of Labor; they have not right to sue the Department of Labor. Everything is in the hands of their employers. Sounds familiar?

Their dependents are put on hold and are not allowed to work often for five and more years, completely trashing their careers.

I even do not speak about unsettledness and constant unbearable stress that lasts for years.

The US Congress recognized the rights of H1-B workers to immigrate to the US. It is known as the “dual intent” in the Immigration Act of 1990. Yet the Department of Labor has its own view on the purpose of immigration and establishes their own immigration or better to say anti immigration laws.

There are maybe 100 times more illegal than legal immigrants in this country. Despite they clearly broke the law they are often treated better than the ones that try to obey every single twist in the legislature.

What we need is to deliver the message not to the DOL but to an American citizen, to the Congress, maybe to the president. I do not believe that an ordinary citizen would not be dismayed at what is happening at the DOL.
 
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Yes, most of you were invited to come here. But once the invitation is over why dont you leave? (after 6 years). Americans are loosing their jobs and there are so many unemployed Americans in IT field.If you have some self respect , go back to your country and be proud of it.
 
Well said sbdol.

Wrong forum m***man.
Let the US Govt give our tax money back. We Would go back.


sbdol said:
I have some doubts that our pitiful stories would touch the DOL. They would just laugh at us. Actually they have been laughing at us for the last 3 years.

I truly believe that the ordinary American citizen just does not know what is going on behind his back. And the following is going on:

The same body, in our case the Department of Labor, establishes the rules for itself. The same body controls adherence to the rules. Nobody can blame them for the complete mess they did of the labor certification process. The judge, the prosecutor, the defendant is the same body! They can and do change the rules “during the game” affecting beneficiaries retrospectively.

I cannot believe such situation has developed in a democratic society.

Look into the situation through the eyes of legal foreign workers. They did not sneak over the fence into the country. Most of them were invited to help fight the shortage of IT professional. And this is what they got:

Their employers have the absolute control over their fate.

They can be expelled from the country at any time with or without any reason and without any explanation.

They have no right to appeal the decision o f the Department of Labor; they have not right to sue the Department of Labor. Everything is in the hands of their employers. Sounds familiar?

Their dependents are put on hold and are not allowed to work often for five and more years, completely trashing their careers.

I even do not speak about unsettledness and constant unbearable stress that lasts for years.

The US Congress recognized the rights of H1-B workers to immigrate to the US. It is known as the “dual intent” in the Immigration Act of 1990. Yet the Department of Labor has its own view on the purpose of immigration and establishes their own immigration or better to say anti immigration laws.

There are maybe 100 times more illegal than legal immigrants in this country. Despite they clearly broke the law they are often treated better than the ones that try to obey every single twist in the legislature.

What we need is to deliver the message not to the DOL but to an American citizen, to the Congress, maybe to the president. I do not believe that an ordinary citizen would not be dismayed at what is happening at the DOL.
Click to expand...
 
Hello Ksyed

I am really touched with phases what you have gone so far. Please do not discourage yourself. Please read following saying.

“When one door of happiness closes, another opens; but often we look so long at the closed door that we do not see the one which has been opened for us.”

You are real hero. Here in this world guys treated as heros who suck bood or kill others for dollars. so cheer up and find new ways to improve your future. All the best in your life.
 
Re: Your Ancestors

metaman said:
Yes, most of you were invited to come here. But once the invitation is over why dont you leave? (after 6 years). Americans are loosing their jobs and there are so many unemployed Americans in IT field.If you have some self respect , go back to your country and be proud of it.
Click to expand...

If your ancestors had done that, you wouldn't have been here commenting on what others should do. Take it easy dude, USA is built by Immigrants. Please don't post such messages. This place is meant for solving and sharing problems.
 
DSLstart said:
I agree with your point, but don't think that any administration would be ok with it. Govt / Administration would not want all people who can pay and have jobs to become permanent residents. Its not just question of $1000, lets say if there was a scheme wherein if you pay $10000 you get waiver for complete GC process and you'll get it like you get driving license, 99% would go for it.
But govt won't do these things for some reasons....
Click to expand...

Well, I'm not saying everybody who pays the fee should get LC (or GC). The money will go to cover the expenses for hiring twice as much people to work on clearing the backlog, using exactly the same procedure they have currently. The solution is so simple, unless of course their hidden intentions are different from what they claim, i.e. sustaining but not clearing the backlog...

Eli
 
I don't like his/her comments there either, but hey, he's got a point. This could be, and mostly likely what an average American thinks. And don't be too pissed off if this is the reality in DOL too.

Can these heart-warming stories alone sell? I doubt it. I'm not saying we deserve all these sufferings, but nobody really forces us to stay here. They can throw that in our faces.

I'm thinking we should focus on the different treatment people get from PERM application and BEC processing. Person A and B, have exactly the same qualifications (education, position, experience, company). A applied LC earlier through old system and his case was sent to BEC; B applies through PERM after March 28th and gets his case adjudicated in 45-60 days. The current regulations for in DOL, which claims to process cases FIFO, ironically totally ignores to imposing the FIFO rule between a PERM case and a backlogged case. We need to highlight this flaw and make it clear that this system isn't justfied with such a fatal flaw. We shouldn't however, counting on their companssionism towards us. Begging for pittiness will never work in the capitalism.




outofthebox said:
If your ancestors had done that, you wouldn't have been here commenting on what others should do. Take it easy dude, USA is built by Immigrants. Please don't post such messages. This place is meant for solving and sharing problems.
Click to expand...
 
Metaman is bitching after he thrown out by LC dept.

metaman said:
Yes, most of you were invited to come here. But once the invitation is over why dont you leave? (after 6 years). Americans are loosing their jobs and there are so many unemployed Americans in IT field.If you have some self respect , go back to your country and be proud of it.
Click to expand...

Funny post by Metaman huh ;)

outofthebox said:
If your ancestors had done that, you wouldn't have been here commenting on what others should do. Take it easy dude, USA is built by Immigrants. Please don't post such messages. This place is meant for solving and sharing problems.
Click to expand...

Outofthebox, Metaman is no american, he was Labor aspirants like many of us, and thrown out by labor dept, see his post below.

metaman said:
Well said longest labor. After more than a year in WI labor and 3 months in Chicago DOL, I have decided to move the Canada. I had applied for Canadian PR and now I got a job in Vancouver. After 7 years in USA , I am leaving in NOV. Good luck to everyone in the forum. As I am quitting my employment in US, my application for labor is withdrawn from DOL. (Got a confirmation too in less than 5 working days!!)
Click to expand...

Metaman, stop cursing people on this borad, whatever happened to you its because of DOL.
 
metaman said:
Yes, most of you were invited to come here. But once the invitation is over why dont you leave? (after 6 years). Americans are loosing their jobs and there are so many unemployed Americans in IT field.If you have some self respect , go back to your country and be proud of it.
Click to expand...

First learn how to post on forum. Sole purpose of this thread is to

"organize support and raise awareness about DOL injustice and malpractice for labor certification processing"

Can you add anything constructive to this goal ?

BTW, I have been through your post history, I appreciate your courage to try out Canada and good luck with that. If you were supportive from the begining and did something constructive, you wouldn't have to leave like this and get refugee in other country.
 
VERY Important, pls read and spread

The legal action against DOL is not going to help us in the near future. But this will:

AILA (American Immigration Lawyers Association) is a powerful lobby group in DC. Call them, or email them, ask them to lobby for one thing, and one thing only: make the conversion from the already filed LC to PERM easier and risk free. Be realistic, PERM is not going to be halted. All you want is to be able to convert the already filed LC to PERM easily and risk free. It does not make sense for people sticking with the same job has had no changes such as job responsiblities, salary, even location. The point is as long as people still with the same employer, they should be allowed to file PERM without first withdrawing current application. They should be allowed to file as a brand new PERM without losing their priority date. This is fair to everyone.

CALL AILA, tell them that you want their reprensatation. Let them set up a escrow acct for donation of funds, funds to be used for lobby. They will be happy to do this. Why, because 1) they like money, everybody does; 2) more people willing to refile PERM, their lawyers making more money; 3) many of its members found it difficult to pursuade people to refile as PERM; 4) it is a slam dunk for them to pursuade DOL to do as DOL wants more people to go PERM.

Try it, it will work!!!
 
I think lobbysing AILA is worth a shot. After all, there is nothing to lose except a few hundred dollars. I would be happy to help out for this cause. Does anybody have any experience in lobbying efforts or atleast a contact so that we can pursue it further.
 
Impact of Fairness,message for Ksyed

Dear friend,

Just keep your spirits high, God is with you. There is a old saying that whatever happens, happens for your well being.

Lot of best wishes
 
I guess, I read before that Rajiv khanna had a call with DOL probably last week on Thurday or Friday to discuss about this issue. If that was the case, then has anyone got any update on that?


Thanks,
Maulik
 
Can someone help me figure out what SWA are doing for 3 months. For eg. NJ SWA is still transferring cases to BEC. Within 3 month, you can move whole city and these stupid ppl couldn't even transfer piece of papers. Why in the world they have to reenter (data entry) the cases if they already did at SWA.
How about we all start calling SWA directly and ask them whats going on.

We can atleast gripe about all these to our lawyers. They inturn will check with SWA and DOL.

We can also have full page ad in New York Times, Washington times and LA times. I am not sure about cost. If its costly, we can raise more money. I am sure everybody can spare couple of hundreds for this cause. I am sure this approach is fastest way to raise some awareness.

Guys, remember

Take action; if you sleep, you will wake up in your home country.
 
AILA will help you

Call 202-216-2400, or email advocacy@aila.org

tell them you would like to donate money for them to voice your concern. You want them to pursuade the DOl to allow riskfree and easy conversion from existing LC to PERM. They can do it. It only takes the DOL a field memo.

TIME is ticking. Act before it is too late.
 
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