Lawsuit against DOL auto remand?- Rajiv Khanna?

Can we see any proof from Mr Khana that he has truly agrred to take the case for no less than 15000?

Besides, by reading the post, it is clearly a class action case. There is only one item (#1) that directly relates to plaintiff - RIR case should've been rejected or accepted. Well, there is nothing illigal there, DOL has known, outlined procedures stating LC might be remanded back to state if Feds decide so. The did not violate any rules against concrete plaintiff. It is another story that the rule itself is incorrect.

The rest, about harrasment, trauma, etc. is a boolcrap (pardon my french) no jury will consider. H1B holders (including myself) get many benefits (not avaliable for most US citizens) from day one! You. can rent a nice house, buy a car, raise kids - the very reason we pay billions of $ in taxes can be used against us - we pay higher taxes because we make more money! It seems almost impossible to demonstrate this point to jury whose members probably make less than the plaintiff.

I understand and respect everything that plaintiff has to say, but it is a single side of the coin and a very selfish side! After all, be reasonable people, if there was no "process" to get the GC via work sponsorship, it would be widly opened to fraud, making it almost impossible for hard-working, honest people to make it.

Here's my take on this. The only thing that's wrong with the system is - timing. Rules are not bad, but they fail when faced with timelines they were never targeted for - RIR has no point if data submitted in 2001 will be reviewed in 2003. Same for non-RIR - 3-4 years is an awfully long time to answer a simple questions - can quolified US candidate(s) be found in a given time, given place and for a given salary. I trulyx believe this is the only major flaw in the system. This is what really needs to be fixed.

==

In my undestanding, we should file a petition to involved Federal Agency (DOL) asking to establish clear and reasonable timebound for a case to be reviewed (say, six month) and suggest some reasonable way to implement it in a short time-frame. They will probably refuse. Only then it will make sense to file a class action lawsuit, claiming that the Federal Agance delibaratelly avoids effective solutions and harms US economy, employers and taxpayers (Not slaves).
 
My attorney told me a couple days ago that CA DOL's current "auto-remand" policy would cause a class action in the future. He also said a couple years ago AILA had a lawsuit againt DOL due to their RIR ad policy. According to their RIR rule, it allows employers to put only one ad before submitting the application. However, when the cases reach DOL, some COs reject those cases with only 1 ad because they request more ads.
AILA eventually won the case because there is certinely an inconsistency b/w the rule and the way they process the case. I believe it is possible to file a class action against DOL's current "auto-remand" policy. We need to be corporate so we can help each other.

Btw, Ana would you post this information on CA DOL's thread to have more ppl notice this issue?
 
it's up there under the CA thread

I too wonder if AILA lawyers could file a petition. I know that AILA send out skeletons of letters to immigration lawyers to have their clients write to DOL about the auto remand policy.

Hope people will come together on this. I really would like to see something credible happening, something where I feel I could put my faith in.

Ana
 
It is indeed a case of Class Action. I would ask Rajiv Sir to extend the case so that other DOLs are also covered.

I am in support of Class Action. I will wait for info to come through immigration.com site and that Rajiv Sir agrees to extend it to other DOLs and SESAs.

JAI JHARKHAND.

:D
 
-- DOL is just avoiding NOF due to past experience of loosing some case.

"(IF/Since the basis for the CO's denial of labor certification had
been adequately rebutted by Employer and was not further addressed
by the CO, the matters are deemed to be successfully rebutted, and
the Board is not at liberty to investigate other aspects of the
application that might have been a basis for denial had the CO
raised them in the NOF."

Quote from court order for case Case No: 2002-INA-00056.
In the Matter of: MEJICO EXPRESS Employer On Behalf of: MARIA ROSA MILOS Alien
Appearance: Victor A. Marin, Esq.for the Employer and the
Alien Certifying Officer: Martin Rios San Francisco, California
Before: Holmes, Vittone and Wood Administrative Law Judges JOHN C. HOLMES


And they are not just willing to find actual deficiencies( if any) for individual cases. And so why not "Auto Remand" ? And why not another case?



Read the full case detail :

http://216.239.41.104/search?q=cach..._MARIA_ROSA_v_MEJICO_EXPRESS-_2002-INA-00056_(JUL_16-_2002)-_CADEC-_163050-_WP.PDF+Martin+Rios+Alien+Labor+Express&hl=en&ie=UTF-8
 
We got to kick in different ways............

look at the "mass appeal for LC RIR from California " thread created. Let shoot emails and let know to your friends.
 
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