Initiating Legal Action( read Sue ) against INS..any takers

S

Sumanta

Registered Users (C)
Folks,
I am not kidding. But I need some level of
participation and organization.

I have waited 2 years 10 mths to get my Labor.
Now my I-140 is lying at Vermont and there's no
news for 6 mths. These folks are making a mockery
of our lives and career.

Can we get together ( over phone/e-mail etc. ) ?
I would be all for getting the services of a good
attorney and initiating legal action against
INS delays.

Together, we can make a difference.

Please respond if you are interested in working
out the details.
 
Unfortunately, I don't think you have any basis for lawsuit. INS can take however long it wants to, right? There is no minimum or maximum processing time. Lawsuit is only if you can sohw they have wilfully discriminated against you or negligence in handling your case (ie they lost the file or something).
 
I understand but I am sure there's no dearth of issues

Your logical points are well founded. But just look around
at what INS delays is doing to us. I am sure and
confident that there exist lots of grounds for
taking the action.
Eg.
1) Frivolous delays
2) Causing harm and retrograding our careers.
3) Forcing us to be enslaved by a solitary co. with
no option to leave for arbitrary lenghts of time.

In a nation, where courts pay millions of dollars
to people dripping hot coffee on their bodies, I am
sure, we ( YES. together..thousands of us )..have
no dearth of issues.

I am not asking all of us to be illogical, but
I think u do understand that there are reasons.
Also, if we can get together with a good attorney,
s/he would surely be able to make a good case.

Remember, I am talking legal stuff...plzzz get out of that
frame of mind where you think that legal is
always logical and vice versa.
 
Your I-140 is just 6 months with INS. LC was with DOL. Those two are different. But I can understand your frustation.
 
Its not just me.. just a matter of US

You missed the point. Its not me. I am one among
thousands.

There are far more talented people than me being treated
like shit by these frivolous people. We are not hoodlums
jumping from boats into roads ( probably their cases
get processed faster ). Its time we made it clear without
sounding supercilious and haughty.

All it takes is a few hundred of us ( am sure there are
so many more ) to get together and hire a rock-solid
attorney...maybe even someone of repute or
ill-repute like Kenn Starr or Johnie Cochraine.

We can contribute money, make ourselves heard
and get redressed too.

We are educated, in the upper rung of society,
contributors to the economy. Can't we do better
than just posting messages here ?
 
sumanta

for the I-140 delay - if your receipt says a processing time of 90-180 days and if it has been over 180 days - you may want to consider lodging a congressional inquiry. Depending upon the state you are in - it has to be filed either by your attorney or you. It would be a logical and legit step to do. Congressional inquiries are when your local congressional office inquires with the INS as to what the heck is going on with them and why they are taking beyond the normal processing times for your case. I think they give them a time frame of couple weeks/30 days etc (something like that) to resolve the issue. Talk about it with your attorney - it is done pretty routinely by some of them whenever a case goes beyong the normal processing times - they should not charge you for this.And in some states it has to be initiated by you rather than your attorney - in which case you can ask an attorney which office to get in touch with (or search the net) - call them - they will mail you the forms right away - fill them along with copies of any requested documents - and send those back. Rest, will be done by the congressional office.
 
Ask Rajeev Khanna

Why not to ask Rajeev Khanna, he may be able to put some light on the matter, well people are suffering and if nobody speaks its a issue. we should be aware of our rights and remember no one gives your right unless you ask for it.
 
Re: sumanta

Your advice sounds logical. Unfortunately INS is not logical,
its only confusing.

Firstly, my receipt notice says it should take betwen 80 & 110
days. However, the INS online system and the phone # says
its taking between 90 & 180 days. So God knows which one
is correct.

I think both these numbers are bluff's. I don't think INS
won't resolve my case in less than another 10-12 mths.

Now, 180 days haven't passed, but is about to very soon.
I think if I ask my attorney to do anything, he will feign
inability and helplessness. Can you brief me more on the
Congressional stuff. Can I approach my local Congressional
Office with my case details and ask for help ?

I think we are dealing with people who know that a big
bunch of these Green Card applicants are meek, and will
sit quiet and will never unite or raise their voice lest their
Green Card app gets affected adversely.







Originally posted by rdip
for the I-140 delay - if your receipt says a processing time of 90-180 days and if it has been over 180 days - you may want to consider lodging a congressional inquiry. Depending upon the state you are in - it has to be filed either by your attorney or you. It would be a logical and legit step to do. Congressional inquiries are when your local congressional office inquires with the INS as to what the heck is going on with them and why they are taking beyond the normal processing times for your case. I think they give them a time frame of couple weeks/30 days etc (something like that) to resolve the issue. Talk about it with your attorney - it is done pretty routinely by some of them whenever a case goes beyong the normal processing times - they should not charge you for this.And in some states it has to be initiated by you rather than your attorney - in which case you can ask an attorney which office to get in touch with (or search the net) - call them - they will mail you the forms right away - fill them along with copies of any requested documents - and send those back. Rest, will be done by the congressional office.
Click to expand...
 
You want legislative changes rather than lawsuit

Hi Sumanta,

Judging from your replies and wishes, it's more along the lines of trying to change the laws to make the process simpler or even fairer to employment based GC applicants.

Point (3) "enslaving to a solitary company" would require legislation so that INS allows us people to change jobs without impacting our green card or status. I am all for a portable work visa.

The unfortunate thing is that we can't vote or have powerful lobbies. After all, things don't really move in the US until you have the political voice or the financial leverage. Unfortunately H1Bs have neither. In fact we have taxation without representation - we pay the same taxes towards social security etc but not entitled to a single dime or voice.

The worse thing is that when immigrants get their GC they forget all about what they endured and do not pursue trying to influence immigration laws, which they could since they now vote. Worse, some of them, after getting their GC want to stop immigration!

I think you (we) need to join some forum such as American Immigration Law Foundation (AILF) etc and be more demanding in voicing our needs and aspirations.

The only way to influence INS is through Senators and Congress and the only way to influence them is through votes or powerful lobby. All the immigrant entrepreneurs who created so many big companies and benefitted the US economy tremendously are the ones who should really champion our cause.

Thanks.
 
Re: Re: Sumanta

The congressional inquiry route will be the easiest and most doable action - that is if you want to take any action at all. (I should add that I once availed this option for an H1B that took beyond the processing time - and which subsequently got positively resolved. Although I am told that congressional inquiry cannot backfire upon the outcome, but then if the decision comes out to be negative - I will always have a doubt if pushing the INS via congressional inquiry resulted in a negative decision. So please use your descretion. Again, personally I think a congressional inquiry may just help rather than harm - this is a personal non-legal opinion only). You can contact your local congressional office - actually they are usually pretty prompt - as this is their job and they like to have a say for people living in their county. They do like to show their influence. You can try punching the town/city you live in ie "XYZ congressional office" on Google and it should give you the local congressman with the contact details. Give them a call (they can only pursue if its been over the processing time) - so would probably be helpful if you wait till 180 days are over even though the receipt says 110 days - as the current "normal" times are 90-180 I believe. If you wish you can stop by or have them mail you the forms. Same for dropping of - they will request you the copies of some of the submitted documents with the petition - you will have to check with them. My take is that its a relatively benign but effective way to have things moving. Also, make sure if the state you reside in requires you OR your atorney to initiate such an inquiry. Good luck!
 
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Sumantha,

>Your advice sounds logical. Unfortunately INS is not logical,
>its only confusing.

Confusing because , no body knows inner workings of INS.

>Firstly, my receipt notice says it should take betwen 80 & 110
>days. However, the INS online system and the phone # says
>its taking between 90 & 180 days. So God knows which one
>is correct.

Processing times change from time to time.

>I think both these numbers are bluff's. I don't think INS
>won't resolve my case in less than another 10-12 mths.

Good assumption. At that time, you have a case.

>Now, 180 days haven't passed, but is about to very soon.
>I think if I ask my attorney to do anything, he will feign
>inability and helplessness. Can you brief me more on the
>Congressional stuff. Can I approach my local Congressional
>Office with my case details and ask for help ?

Why do you assume about your attorney. Can't try convincing your attorney before convincing others. Thanks to RDIP for the congressional enquiry suggestion. It may be a solution to your problem. But that is what you want. You just want a solution to your problem. Or do you want to team up with all , and file a law suit to solve general public problem.

>I think we are dealing with people who know that a big
>bunch of these Green Card applicants are meek, and will

Its a wrong assumption that " INS thinks GC applicants are meek.... ...". You are raising your voice because you have a problem, and need helping hand. Once you find a solution you bail out. Thats what I can guess from your interest in congressional enquiry. [ Nothing wrong in doing that-- but don't preach ].

>sit quiet and will never unite or raise their voice lest their
>Green Card app gets affected adversely.

Thats is correct. Unless there is a problem for them they can't file a case.
 
Regarding congressional enquiry

All:

I have tried the congressional enquiry route, INS Vermont did not honor these requests.

The local congressman's office had sent an enquiry after 120 days had expired on my 140 application (apparently they communicate by email). The INS had responded saying that it is taking 180 days for such requests.

So, after waiting almost 2 more months (170 days), I had asked the congressman's office last week to enquire. Now the INS responded saying it is taking about 8 months for the I140 cases and they cannot do anything about it. So the local congressman's office called me back asking me to wait 2 more months before another enquiry. With the holidays coming up, who knows how much longer they can take. Even if the receipt says 90-180 days, they keep changing this range to suit their needs. Wish I could do that at work. :)

I don't think I will send any more enquiries, who knows if that might cause more damage than help. Good luck if anybody is trying that, and let us know what happened.
 
Good points

Hi GCInfo,
I don't want to respond to some of your
caustic replies only bcoz I harbor an even more caustic
feelings against people who preach and bail out, similar to
the kind of people you have mentioned.

Yes, I want o get my grievance resolved. But I am ever more
committed to team up.

All I am saying is there are just so many with a very similar
problem and griavances which are well founded. Why can't
these efforts be synergised ? I mean if I am anyway
planning to work hard and spend time behind it, why
can't such efforts by 100's of others be togethered ?

I once joined this organization called ISN ( Imm Services
Network ). The office bearers got their Green Cards and
stopped everything. That's bailing out. In fact its cowardice.

I don't want 10 of us, I want at least a 100. And I don't want
to be a leader either. Any of you game ? I am ready.


Originally posted by gcinfo1971
Sumantha,

>Your advice sounds logical. Unfortunately INS is not logical,
>its only confusing.

Confusing because , no body knows inner workings of INS.

>Firstly, my receipt notice says it should take betwen 80 & 110
>days. However, the INS online system and the phone # says
>its taking between 90 & 180 days. So God knows which one
>is correct.

Processing times change from time to time.

>I think both these numbers are bluff's. I don't think INS
>won't resolve my case in less than another 10-12 mths.

Good assumption. At that time, you have a case.

>Now, 180 days haven't passed, but is about to very soon.
>I think if I ask my attorney to do anything, he will feign
>inability and helplessness. Can you brief me more on the
>Congressional stuff. Can I approach my local Congressional
>Office with my case details and ask for help ?

Why do you assume about your attorney. Can't try convincing your attorney before convincing others. Thanks to RDIP for the congressional enquiry suggestion. It may be a solution to your problem. But that is what you want. You just want a solution to your problem. Or do you want to team up with all , and file a law suit to solve general public problem.

>I think we are dealing with people who know that a big
>bunch of these Green Card applicants are meek, and will

Its a wrong assumption that " INS thinks GC applicants are meek.... ...". You are raising your voice because you have a problem, and need helping hand. Once you find a solution you bail out. Thats what I can guess from your interest in congressional enquiry. [ Nothing wrong in doing that-- but don't preach ].

>sit quiet and will never unite or raise their voice lest their
>Green Card app gets affected adversely.

Thats is correct. Unless there is a problem for them they can't file a case.
Click to expand...
 
You got to be a little more patient, it hasn't been even 180 days yet! All those actions on make sense when your case is unreasonablly overdue. If you query at 120 days and then again at 170 days, it only annoys all parties and eventually render the congressional route useless.

When you wait in line in front of other people's house, you have to behave yourself more than normal. My labor filed on Nov.98 is still pending :confused:
 
You are missing the point !

My Dear Friend,
I am not averse to taking patience tests.
But I think what has happened is these INS guys , with their
totally unscrupulous ways have literally bent people like
you to go that extra mile ( or thousands of miles ) and find
out excuses for them !

Just imagine..instead of us taking them to task for not
keeping up to what they promise ( 90 days.. 180 days
whatever ), we are saying.. oh be patient and wait !

Can you see what has happened ? They, with their consistent
delays have successfully altered your normal way of thinking !
Waiting beyond any perceivable limit has become normal..
almost the de facto standard. And all I am saying is that's
wrong, grotesquely WRONG ! And we can get together
and do something about it !

Originally posted by tyzh
You got to be a little more patient, it hasn't been even 180 days yet! All those actions on make sense when your case is unreasonablly overdue. If you query at 120 days and then again at 170 days, it only annoys all parties and eventually render the congressional route useless.

When you wait in line in front of other people's house, you have to behave yourself more than normal. My labor filed on Nov.98 is still pending :confused:
Click to expand...
 
What we can do?

Hi all!!

Ok agreed that INS doesnt have any bounded processing times of application and they dont have enough man power. But that is not an excuse. How bout the millions of $$$$$$$ they make by application fees and h1B premium processing.

OK...whatever excuses INS have, atleast we can expect INS to process the application in First Come First Serve basis. HOW COME FEB APPLICATION HAS NOT EVEN OPENED YET AND SOME OF SEPTEMBER APPLICATIONS WERE ALREDY APPROVED! What is this? Is this justic of the GREAT UNITED STATES!

Because of tempt of green card, many applicant are not able to progress in career. Stick in same company, not able to change a job...and most of time work in same salary. Employer knows that they are going nowhere since they can't get green card if they leave company.

Most of people who participates here work IT companies, where they don't have to face the slavery attitudes of boss or business owner. I have seen many of people who work in Rest. ,small business or something like that are virtually enslaved by the owners untill they receive Green Card!!! They can't raise their voice because of fear, ..Fear of loosing the hope of green card.

Another most Important factor is to be noticed is time peroid that applicant has to maintain in a status. Everybody is not in H1 visa . Many applicant are in student visa or other kind of visa. It takes 2 years to get Labor, 1 more year to I40 and god knows how long to get I 145. How can an applicant in student visa or short term visa can maintain his/her status for such a long time.

There are other many factors where processing time does make a lot of differences in a career development. Laws always give much much more benifits to the employer than an applicant even though they are paying more taxes from their income.

Someone told before " Taxtation without representation". Exactly!!!

Anyway this is " Great United States". Unless there is big money and politics involved INS is not gonna hear us. I guess media attentions regarding this issue might play some role. If we are able to publish something in a leading newspaper like NY Times or Washington Post reflecting some of these factors, INS might do something. But again this does nothing ........shameless folks work up there in Vermont!!!!!
Thanks sumanta for starting this tread.
 
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tyzh,

How many labor have you filed. I understand from your previous message you are waiting for Labor since 98, but from your other messages in the board, I understand you are in FP stage. Pl do not post misleading info, and let the serious discussion go.


Originally posted by tyzh

Re: Priority Date Question?

I filed my RIR EB3 labor in March last year, get response early this year. After a salary boost and a re-recruiting, go approved sometime in June and did concurrent filing in August.

I just noticed on my fingerprint form, the priority date is 08/23/02. Is that suppose to be much earlier, when NY state DOL first receive my case? Am I understand it right? Does it matter? Should I correct this and how?

Thanks.
Click to expand...
 
I second Sumanta

Great thread, we need some firm guidelines and timelines from VSC. As someone has already pointed out, applications in September are being approved and those in Feb have not even been opened.

We need more information than the standard 90 - 180 days reply. How can we be patient. Will the INS be patient if we lose our H-1 and wait 90 - 180 days to get the next H-1 ?

I am not sure that a law suit would generate a lot of interest and it needs a lot of follow up and I am not sure if anyone has the time to follow up with our already busy schedules.

I think an online petition with some good message drafted by an attorney (maybe even Rajeev Khanna !!) and online signatures to the INS Commissioner in VSC can be one step we take.

And also we can make our individual congressional offices aware of the petition so they can take some action. One thing I can tell about congressional folks from my experiences is they want to jump into anything that is a petition as it gives them enough publicity too.

That's just my $0.02
 
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