can a victim sue the DOS/USCIS?

can_card

New Member
The recent retrogress in EB visa numbers is a disaster. It is simply not believable. For example, in EB1 (china) has gone back to 2000. (More than 5 years). EB1 applications will not undergo a lengthy labor certification process, as EB2 or EB3. In very worst-case scenario, in a very slow processing center (NSC), a Chinese EB1 (140 & 485) application may consume maximum of 3 years. So, There may not be any EB1-China application pending with USCIS since year 2002 or 2001. Now DOS says PD for EB1 china is 2000. In a worst case, there may be a very very few number of Chinese applicants (EB1) with stuck in name check may be pending at USCIS. Then, for whom they are reserving this numbers? Same thing for EB2 and EB3 cases. I seriously doubt those who filed LC in 1997 (cut off date EB3 India - 1st jan 1998) is not yet received GC. It has been eight years from now. For whom DOS/USCIS reserving this numbers?

USCIS/DOS claims that the demand is more. OK, then why DOS did not set the cut off dates for EB1,EB2 or EB3 progressively increasing over the period? How it is possible in one night, that too when DOS get a fresh new numbers, all the visa categories has long jumped backwards? How come suddenly EB2 jump from “current” to “1999”?

Moreover, in the last few visa bulletins, it was clearly mentioned that EB2 may retrogress in Dec 2005, EB1 may retrogress in latter part of FY 2006. Now, why this controversy?

Based on this, I believe there is two things might have happened. One is, both DOS and USCIS have been working with wrong information/data over prolonged period of time. Now they might have realized.

Other option is USCIS/DOS has been issued more GC in last couple of years than the statuary limit. Now they want to stop issuing the GC until they compensate with current FY numbers. If it is a case, there may be so many applicants has been victimized though they have old PD. For example, so many peoples with PD 2003/2002/2001 (EB3 India) got GC in the year 2004, before retrogress kick in. However people with PD 1998 (EB3 India), whose I-485 is pending, may not get GC in recent months. This is ridicules. This is the result of non-uniform and mismanagement in processing of LC, I-140 & I-485 across the country by DOL, USCIS or DOS. Now the genuine guys have to wait for years to apply or adjust their status.
 
A Class Action Lawsuit Is Required. May Be Manmohan Should Talk To Bush About This In His Next Meeting. Bush Is Visiting India In Feb 2006.
 
I guess, we should

Why can n't you take the lead and the ultimate sufferers will form as a group and support legal expenses. I am the ultimate victim, I sent the emails for the screen shots. No reply and got the hardcopy on Oct 1st. I am ready to support sue.
 
I thought about that as well. I saw a post fro Rajiv in this forum saying that he would examine potential angles to start a lawsuit. I would consult a knowledgeable lawyer on this and see whether there is a legitimate reason for lawsuit.

BadFate said:
Why can n't you take the lead and the ultimate sufferers will form as a group and support legal expenses. I am the ultimate victim, I sent the emails for the screen shots. No reply and got the hardcopy on Oct 1st. I am ready to support sue.
 
Many Reasons to Sue

1. Processing times are not uniform before BEC and with BEC. Mine is Apr 1 2003 CA went to dollas. Got approved and received on Oct 1 2005. Phil is still working on 2002 cases.
2. Sent Screen shots to some and not for all. Those who got screen shots with certified filed for 140 & 485.
3. For equal justice, they should allow every body to file for 140 & 485, considering the most recent PD that is in thru Perm.
4. They don't have system to eleminate duplicates. I know companies that filed 3 applications for the same guy to sell those LCs.
5. Substitution will play a major role with LCs listed in 4. This will be a suicidal issue for the people who stick to thier own LC.
6. With So much retrogress, RIR applicants priority dates should be atleast 6 months before non RIR priority dates. I filed under RIR EB2 in April 2003. If I choose Non RIR, I would have filed in SEP 2002. That means my PD will be Sep 2002 instead of April 2003. If they say that is for Labour, why do they coniser Labour filing date as PD. Why can n't they consider PD for each level as filing date for that level.

So much frustration, don't know what to do.
 
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