Can I sue USCIS?

G

GC_GoneCase

Registered Users (C)
For the torture I am going thru by seeing that last update on my application was in Oct 2003 although my 140/485 was submitted on June 27, 2003 and a lot of people after my date have already got their 140 approved.
I would like to challenge USCIS to find a flaw in my application e.g. salary, W2, qualification, experience, continued employment, meeting other labor certification requirements etc. I would like to challenge on why my application is not touched whereas many later than that have been approved.
Now, if my application is withdrawn(I am just assuming cause I am living in fear of that) by my current employer, how should be held responsible? In that possible scenario, why can't I hold USCIS responsible for not doing their job properly and in time?
I would like to equate it like a doctor ignoring or delaying treatment to a patient. If the patient dies due to delayed treatment, Doctor is liable to be held responsible.
Why can't we apply the same analogy to USCIS?
Any comments?
 
You are almost there

I would be bettter to wait till the processing dates gets past your RD.
Your 140 may be approved anyway much before the hearing.;)
 
Medical help is a basic human right, immigration is a privilege for already privileged. Don't incur wrath of Gods on you by comparing them.
 
Please note that I do not mean to further dihearten you.

But, I believe you would not have any say in regards to I-140. It is your employer's petition. If your employer wants to question them for the delays, then probably they can.

AFAIK I-140 is employer's petition and I-485 is your application to adjust the status.
 
Originally posted by hakoonamataata
Please note that I do not mean to further dihearten you.

But, I believe you would not have any say in regards to I-140. It is your employer's petition. If your employer wants to question them for the delays, then probably they can.

AFAIK I-140 is employer's petition and I-485 is your application to adjust the status.
Click to expand...

That is another point to challange. Why 140 should be employer application?
An approved 140 can not be used by employer to file 485 for another employee. It is unlike labor which can be substituted for another employee.
Approved 140 can not be substituted. So, 140 should be actually dual ownership application.
Actually by not using the correct category ( Ofcourse it requires thought process which any way these people lack, they should hire Indian's on H1 for making it logical and efficient), the ultimate beneficiary has to suffer in hands of USCIS and employers both.
Just my view point.
 
140 is indeed dual ownership application. You sign G-28 to get yourself represented by the lawyer. Perhaps not so obvious - so elaborating - you are also a client to your lawyer at this stage(unlike LC, where you have no say.). But you are not petitioner, you are beneficiary, so 140 does not belongs to you in legal sense.
 
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