Class action to recapture lost visa numbers

lazycis

Registered Users (C)
As we all know, about 300,000 EB-based I-485 were filed during July-August 2007. It means that the wait for visa number is going to be 2-3 years or more. I just wanted to discuss a possibility of filing a class action to recapture lost visa numbers.

See extract from Ombudsman's report
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimelyprocessing.pdf

218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check).
 
I am guessing they might do that themselves. They know the backlog and they are trying to do something about it. So I am pretty sure recapturing those Visa Numbers is on the cards.
 
I am guessing they might do that themselves. They know the backlog and they are trying to do something about it. So I am pretty sure recapturing those Visa Numbers is on the cards.

Have you heard the saying, "tere moo mein ghee shakkar" ?

An attempt at English translation:"let there be sweets in your mouth". Usually said to someone when they make an announcement of good news.
 
Great Idea!

I believe threat of a lawsuit last summer was what caused CIS to backtrack its stance and accept all applications filed in July.

For a class action to be filed, the litigants need to prove harm that was caused to them by the bureaucratic inefficiency that resulted in wasted visa numbers. Those who are working in large fortune 500 corps. may not qualify as plaintiffs as big companies tend to take care of their employees well. Only those who are stuck with same job/pay and the like due to not being a permanent resident might be eligible and I believe numbers of such ppl run into tens of thousands if not hundreds of thousands. What is needed is a coordinated effort as this process would need a lot of money and some time commitment.

Hey I'm not a lawyer but I've read enough John Grisham novels :)
 
I like this idea.
I am up for this either to spend money or time.
 
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Immigration Voice (or its executive members) should consider filing a lawsuit for re-capture of unused visa. Donations could be used to meet the cost of law suit. There does not seem to be any organization other than IV which has such large number of members that are sufferers due to immigration issues .
 
Rock on guys and girls!

Some people if not many knows me that I have initiated a lawsuit option in the past when the files were at BEC hole. Once many people are now free from that dark hole, another hole is infront of us. Welcome to USCIS.

In the past when similar option was explored with Rajiv, and I personally discussed the matter to him. (I even traveled to met him in his office). He was very keen about filing a lawsuit. Later the suit could not be explored due to lack of fund. In a month period I was only able to raise $2000. The needed sum was about $10000.

It won't take a million dollar to file a lawsuit. If you guys are once again up for filing a lawsuit, then I would send an email to Rajiv to explore this via conference call. I would say it can be done in less than $20K. Rest is up to you all.

Also, IV should not come in picture of this lawsuit. In the past, Aman Kapor did mention that IV cannot help me since IV has employed lobbyest and seeking for the administrative fix. So, if you are not an IV member and wish to pursue this opportunity, please feel free to explore this post and pour your opinion. Rock on immigrants, lets rock on!
 
Have you heard the saying, "tere moo mein ghee shakkar" ?

An attempt at English translation:"let there be sweets in your mouth". Usually said to someone when they make an announcement of good news.

I have .. I am from the land of Ghee Shakar and software engg :D
 
I am ready to send a minimum of $500.00 right now.
People, please start gearing up for this post.
 
I am ready to send a minimum of $500.00 right now.
People, please start gearing up for this post.


I will commit $500 as well if everyone wants to get serious and provide their full support. I can even send email and get Rajiv engaged on to the conference call. Usually Rajiv will not charge anything if we at immigrationportal members present concerns like this.
 
now or never!!!

I also heard that those number will likely be gone to the Nurses and PT in the near future. HealthCare is one of the biggest concern in US. And once the dust settles of this primaries, people will be more concerned to see its coming. So we must act now, or it might be too late.
 
I don't believe that our comrades are not responding since they don't want to do anything to this situation. All are well educated, aged enough for mental maturity.
Then what is holding back from pushing this forward.
Atleast if you let this forum know the problem, there are many gentlemen out there to give us the right answers for our doubts or fears.
Let us guess to the write possible fears or the doubts that our friends may have.
I will start to guess. Please increase this list.Doubt or fear that you write need not be yours. It can be something you heard from others. Here we are trying to find the reason which will at least give peace of mind to the people who want seek the justice from CIS for all of us.
1) CIS may initiate an investigation on me and then they may try to put me in trouble.
2) May be my employer don't have enough documentation that supports when an RFE is
generated.
3)I don't want to live in here. Planning to go back to the native country after a while.

I hope my friends will continue to extend this list.
 
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I wonder what will come of this lawsuit?

I do not think that the wasted Visa Numbers will be recaptured all that easily.
 
I don't think this thread will be able to raise the needed funds, even though most of those who stand to lose due to the lost visa numbers are financially capable of chipping in.
They just won't. They want the benefit for free.
 
What made me so sad about this is that they don't even say why they are not coming forward. That's fine.
 
Laws can be made based on the genuine situation if already not existing.
We have seen how michigan driver license issue swinged back anf forth.
They had to change the law isn't it? Law is for us. We are not for the law.
At least we can bring it to the notice of the presidential hopefuls.
 
Laws can be made based on the genuine situation if already not existing.
We have seen how michigan driver license issue swinged back anf forth. They had to change the law isn't it? Law is for us. We are not for the law.

The Michigan situation is not applicable, because no lawsuit could have been filed. A state can probably restrict Drivers' Licenses to permanent residents only - I know TN does so. Michigan changed the law because it was poor.

You cannot start a lawsuit merely because you do not like a valid law. If you want to change the law, then a suit is not the way to do it, all it does is pay for college tuition for your attorney's children.
 
Good idea... but...

My I-140 approved and PD is 2005. Can I file I-485? No.

What about those guys whose labor was stuck in backlog and approved after July 2007? Can they file I-485? No.

Entire immigration system is broken. Forget Green Card - at least they should allow all immigrant's whose labor is approved and can file "I-485". Can this done? No.
 
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