Legal Action Against DOL
- Thread starter gc_dude123
- Start date
PERM Implication
Even though PERM will approve the labor in 3 months, people applied in EB3 cannot apply for next stage till their date becomes current. The main concern is when the majority of the PERM applications go under EB2 and use up the remaining visa numbers. For this we may suggest the EB2 date be moved to Feb 05 just before PERM start taking applications, so that they will also wait in the queue after the labor approval.
Just throwing some ideas to consider when you talk to the attorney.
Even though PERM will approve the labor in 3 months, people applied in EB3 cannot apply for next stage till their date becomes current. The main concern is when the majority of the PERM applications go under EB2 and use up the remaining visa numbers. For this we may suggest the EB2 date be moved to Feb 05 just before PERM start taking applications, so that they will also wait in the queue after the labor approval.
Just throwing some ideas to consider when you talk to the attorney.
cherrygums
Registered Users (C)
Count me in too
LongestLabor
Registered Users (C)
I am not against a lawsuit,
was trying to think outside the box,
there's no point fighting the agencies,
an adversarial approach will only delay our cause,
remember labor apps are employer's right,
we might say the United States needs immigrants and all that,
but that is not going to help any of us,
with all good intentions we filed a lawsuit against the uscis,
just look where we are after 6 months,
that does not belittle our effort,
but trying a different approach might yield better results,
we are not asking for expediting processing
we will only appeal for orderly processing,
first in first out basis,
once again,
I am only here for the next few days,
so ignore my suggestions if anything better can be done
God help us all.
was trying to think outside the box,
there's no point fighting the agencies,
an adversarial approach will only delay our cause,
remember labor apps are employer's right,
we might say the United States needs immigrants and all that,
but that is not going to help any of us,
with all good intentions we filed a lawsuit against the uscis,
just look where we are after 6 months,
that does not belittle our effort,
but trying a different approach might yield better results,
we are not asking for expediting processing
we will only appeal for orderly processing,
first in first out basis,
once again,
I am only here for the next few days,
so ignore my suggestions if anything better can be done
God help us all.
USCISisMockery
Registered Users (C)
Of course I am in.
Here are my suggestions about how we should proceed.
I am trying to organize such effort for long time in NJ thread but was not aware of this thread. So let everybody post link to this thread in all the threads they regularly visits (for eg. I will post the link in NJ SWA thread).
Clearly mention goal of this thread in the first post "Action against labor certificate delays". Distinct our thread from 485 litigation, lot of people are interested in labor certificate delays rather than 485 delays because labor certification is definitive stage for our future. "action against labor certification delay" is also more clear for someone who even doesn't know what DOL is, but they sure know that their GC was filed in 2002.
Make this thread "skicky". Also create another "sticky" thread that links to this one and post it under SWA forum
http://www.immigrationportal.com/forumdisplay.php?f=231
We have to merge all such efforts (specially which are targeted at Labor certificates delays and not 485 delays) to this thread. We can link them in the first post.
http://www.immigrationportal.com/showthread.php?t=160279
http://boards.immigrationportal.com/showthread.php?t=132005
Also we need to form some kind of steering committe.
Set another poll to get opinion about which approach is faster, litigation or request letter to DOL.
Here are my suggestions about how we should proceed.
I am trying to organize such effort for long time in NJ thread but was not aware of this thread. So let everybody post link to this thread in all the threads they regularly visits (for eg. I will post the link in NJ SWA thread).
Clearly mention goal of this thread in the first post "Action against labor certificate delays". Distinct our thread from 485 litigation, lot of people are interested in labor certificate delays rather than 485 delays because labor certification is definitive stage for our future. "action against labor certification delay" is also more clear for someone who even doesn't know what DOL is, but they sure know that their GC was filed in 2002
.Make this thread "skicky". Also create another "sticky" thread that links to this one and post it under SWA forum
http://www.immigrationportal.com/forumdisplay.php?f=231
We have to merge all such efforts (specially which are targeted at Labor certificates delays and not 485 delays) to this thread. We can link them in the first post.
http://www.immigrationportal.com/showthread.php?t=160279
http://boards.immigrationportal.com/showthread.php?t=132005
Also we need to form some kind of steering committe.
Set another poll to get opinion about which approach is faster, litigation or request letter to DOL.
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Do both!
1. Initiate law suit against DOL and named officials
- takes forever to see result
- demands more DOL resources (but they are doing nothing anyways)
- wastes more DOL money, which is basically ours
- but at least gets their attention more than anything else
2. In the mean time, seek direct conversations with them, with the help from AILA
- let them hear what WE have to say; list exactly what we want: true FIFO, basic fairness, reasonable processing time…
- applause their good intentions and efforts, but point out all the obvious flaws and unfairness that even an idiot can see at first glance
- give them a chance to make changes (extremely unlikely, but we all know what would happen if we don’t try)
3. If we do both, we will likely get the attention of media and possibly some politicians. As much as I hate them, I’ve got to say they are much more powerful and sometimes can be really helpful.
4. But most importantly, Guys, don’t start a fight among ourselves. I can foresee people from different nations, people in RIR or regular, people from different states, people eligible for PERM or not, etc. to seek their own interest only and this whole thing eventually becomes a joke. “United We Stand,” unfortunately, hasn’t been well understood in this community. Sad, but true.
5. I agree with lots of people here on this one: don’t hold your breadth, but at least try something, anything, because enough is enough.
1. Initiate law suit against DOL and named officials
- takes forever to see result
- demands more DOL resources (but they are doing nothing anyways)
- wastes more DOL money, which is basically ours
- but at least gets their attention more than anything else
2. In the mean time, seek direct conversations with them, with the help from AILA
- let them hear what WE have to say; list exactly what we want: true FIFO, basic fairness, reasonable processing time…
- applause their good intentions and efforts, but point out all the obvious flaws and unfairness that even an idiot can see at first glance
- give them a chance to make changes (extremely unlikely, but we all know what would happen if we don’t try)
3. If we do both, we will likely get the attention of media and possibly some politicians. As much as I hate them, I’ve got to say they are much more powerful and sometimes can be really helpful.
4. But most importantly, Guys, don’t start a fight among ourselves. I can foresee people from different nations, people in RIR or regular, people from different states, people eligible for PERM or not, etc. to seek their own interest only and this whole thing eventually becomes a joke. “United We Stand,” unfortunately, hasn’t been well understood in this community. Sad, but true.
5. I agree with lots of people here on this one: don’t hold your breadth, but at least try something, anything, because enough is enough.
What do you wanna get out of any legal action against DOL ? In my opinion it is wasted time. There will be always some reasons for the DOL to explain why it takes so much time for them. Is anybody seriously believing that such action will change anything in the next 10 years ? People shoudl start to get more relaxed about the green card, tha US is not the only place to live in this world. The is no problem to find good jobs somewhere else on this planet. I also don't like to wait this long for a green card but I went to the US by my own will and decided to stay here without any "invitation" by the US, so I have to live with it that the DOL and USCIS need so much time for all the processes. I enjoy my life and work here and all opportunities I have here and if I get a green card - good, if not - I know my expertise will be helpful all over the world so I will move on and find another country and will enjoy my life there. You should do your best to get your green card as fast as possible but at the some time you should start to relax more.
honkman,everyone has different reasons to get a GC be it slow or fast..but we are talking about processing the cases fairly here - not bcos its causing us to be less relaxed...the point is allocating resources (which are available at the newly created NPC's) to clear the backlogs and then move onto PERM, rather than letting them approve PERM cases which were filed after us (which will get approved before our approvals)
maliklongwait
Registered Users (C)
I am in
I am in.
I am in.
I Am In
guys
I am in - where do we send the money?
Also, I think its a good idea to involve as many people as possible even those who are not directly affected with DOL backlogs at this time....
people who already got their Labors (my guess is that they waited years for it)...
etc etc
guys
I am in - where do we send the money?
Also, I think its a good idea to involve as many people as possible even those who are not directly affected with DOL backlogs at this time....
people who already got their Labors (my guess is that they waited years for it)...
etc etc
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puhrince said:
To make DOL aware of the unfair path they are adopting is ok but than I think legal action is a complete wrong way in my opinion. DOL is aware of the unfair path but they don't care because we don't have the possibilites to raise our voice. You have to work on that and you have to put pressure from the outside on the DOL and that will only work if you make the "public" aware of the problem, might it be with the support of politican, celebreties or what ever. I know this will also be a very time consuming process but any legal action will be more counterproductive because at a certain timepoint DOL will even slow down the process more just to make the life of the people miserable who make their life complicated by any kind of legal action. Therefore I strongly oppose any legal action because it will in the long term hurt as more than it will help us.
USCISisMockery
Registered Users (C)
honkman said:
Taking action has 1% chance, waiting idly and hoping for best has 0% chance.
USCIS has all the rights to deny GC to anybody, we r not griping about that.
I am fine (rather very much happy) if they (USCIS) completely stop issuing GC based on employment. But my complaints is towards
- injustice (illegals are rewarded and better treated),
- inconsistency (Some labors will be adjusted within 60 days, some not even after 3 years),
- recklessness (processing RIR and regular in same queue)
- uncertainity (even with 100% perfect case, you are not sure if your case will be certified)
- Honkman, Do you think you are as portable as you are intending when you are married and have children.
USCISisMockery said:
See above for my opinion about what should be done and to answer your last question: Yes, I am for example married and also know a lot of people who are married and have children and have the same opinion about GC and leaving the country. And a lot of people did exaclty this. That has something to do if somebody is willing to live a more successful and intersting life instead of going always the easiest (and often boring) way, but again that is just my way of living and opinion
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allaboutgc
Registered Users (C)
Completely agree with USCISisMockery
This is far beyand just the LC or GC. This is for JUSTICE. We want to be equally treated!!! Nothing more, and nothing less!!!
This is far beyand just the LC or GC. This is for JUSTICE. We want to be equally treated!!! Nothing more, and nothing less!!!
USCISisMockery said:
USCISisMockery said:
There is one small issue: Only employers have the rights to sue the department of labour in the certification process. And why would they do that ? When one moves to the final levels in the Green Card process he has more rights, but still his chances to prove something are close to zero.