Class action lawsuit on USCIS is imminent and feasible

Time is ripe for a Class action Lawsuit on USCIS.

USCIS has wasted 100s of 1000s congress approved Green Cards due to incompetence.

USCIS has subjected a million Skilled immigrants from populous country to indentured servitude purely due to:

1. Misinterpreting labour laws on several occasions, 
2. Operational inefficiency 
3. Using soviet era country quota on Green cards whereas not apply the same on H1b entry 
4. Lack of intent in providing work permits to immigrants stuck in long wait.
5. And numerous other reasons …

Below is a classic case from the near past, where class action lawsuit was brought against INS(Now USCIS) by refugees who were in similar but better situation than current H1b folks from India.

They won the case against INS and judge declared INS as a national embarrassment.

I am sure there is justice out there which we can seek together.
Case details:

https://www.dropbox.com/sh/02xbnsdp3el3med/AAA7R9So6MZ2P2JpoINw8zBWa?dl=0

Notice before the class action :

Click to access IM-MN-0005-0006.pdf

Also don’t forget to read the threats for future such lawsuits for knowledge sake:

http://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=1137&context=law_journal_law_policy

USCIS treatment of skilled immigrants from India, is same as human trafficking and is prone to class action lawsuit.

The U.S. Government defines human trafficking as:
The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

USCIS is unable to fix Green card backlog, quoting congressional inaction and availability of resources as a reason.

The estimated wait time to be eligible to apply for GC(I485) for Indians in H1b queue is estimated to be more than 40 years irrespective of category(EB2/3).

In fact, nobody really knows the future timeline anymore including USCIS and it gets worse every year.

By not matching the 7% quota on GC to H1b, USCIS is fueling indentured servitude by adding more into the crushing inhuman wait for liberty.

Corporates and their lobby groups(Fwd.us, USCoC) need more talented people in such queue to keep costs low.H1b folks also contribute millions, into USCIS billion dollar annual budget.

Immi. Lawyers and AILA also benefit immensely from such backlogs and more H1bs.There is a whole network of abusive H1b swamp ecosystem in existence and they want to survive and evolve.

Besides, USCIS continues to waste 100000 visas without recapturing it and interpreting law in their favors by including dependents of H1b in the GC quota when they were not treated as H1b.

Dual intent immigrants(H1b) are still being brought in huge numbers* from a populous country like India which are subject to annual 7% Green card quotas.

*In 2015 alone, 45000 new India based H1bs were approved and brought into the crushing queue of a million Indian H1bs waiting for their Green cards.

This queue increasing at the rate of 10% every year may lead to chaos in the labour market as well as in the economy.

It is possible, with a million people in such an indentured servitude state, there can be huge change, in the dynamics of labour market and huge displacement, of American workers.

These are  talented people, in  indentured servitude, who are demoralized, from moving jobs by law.

The Labour law says, if I140 approved folks move to a new job, they need to start a new labour petition and green card petition once again to be eligible for I485 filing.

Also, the technology skill sets of immigrants can get outdated in 5 years and may not be able to pass the labour certification anymore.

Remember, every time you change employer and apply for New labour petition for GC, you will have to prove there is no American citizen with your skill set in the job market and you are paid higher than an employed American citizen for that role.

It is not sustainable, to be in Fortune 500 in such an indentured servitude state and you may end up with low morale job brokers/ middle men/ body shoppers in the long run.

USCIS can at least temporarily stop bringing in H1b beyond the 7% GC quota from such populous countries like India into the broken system.But they don’t, for the aforementioned reasons.

Most of the H1b folks from India were not aware of the decade long wait and the unpredictable  system and were coerced in the name of liberty and to live up to their full potential, in return for their skills.

But were systematically subjected to indentured servitude and were left to fight for themselves.

Being blind and being instrumental to Human trafficking is same as supporting it and USCIS is guilty of it.

USCIS is 100% funded by user fees and not funded by US Govt. And is not accountable to anybody other than US Congress, which is busy with other issues of US Citizens.H1b and related fees alone contribute more than 300 million usd per year to USCIS.

With neither an intent to fix the GC backlogs nor an intent to stop adding into the crushing GC backlogs, USCIS is effectively contributing to an illegal act of Human Trafficking, ripe with abuse and denial of basic worker rights.

“Refugees come from land of uncertainty to land of liberty and Indian H1b folks come from land of liberty to land of uncertainty.”

Refugees have more rights than Indian H1b folks and kids of illegal immigrants(DACA/DAPA) have more rights than ageing out(21) kids of Indian H1b folks.

Broken H1b bridge being overloaded by people waiting for Green Card is about to collapse and can be used as a fodder for politics by extreme right(Trump).

Also, there is a high possibility, if USCIS doesn’t take corrective actions or stop contributing to the system, before fixing it, it may be prone to lawsuits for trafficking skilled immigrants.

US Nativism, Indian exclusions and Bait & Switch H1B program

Understanding the mindset of the nativists: 
US nativists historically always feared the mass Indian immigration.

Remember, Indians in large numbers can be considered as an invasive species threat being extremely adaptable and having a strong culture with high reproductivity.

Unchecked can outcompete the nativists and change the cultural ecosystem.

Like it or not, this is always the under current below the layer of civilization and it manifests like the artificial backlogs for the trapped million Indians by the nativist enablers.

When we go to the local Congressman about the crushing wait we have for green cards under H1b, the success ratio of congressman supporting us is dependent on whether he/she has this mindset of nativism or not. 

At every level, there is a hurdle of the nativists that needs to be crossed.Including sworn nativists at govt. institutions and influential lobbying groups.

Remember, it’s corporate greed that used the prevailing African slave system.But it is the nativists, that kept them as slaves.

History is repeating itself, in modern ways.

Corporate greed is bringing in more H1bs and sustaining them with Indian job brokers.Nativism likes to keeps them as H1Bs with no proper rights and keep a gate check on them being added into the community.

Remember, Lala Lajpat Rai went back from US, after discrimination and made the best of his life after. So did, Gandhi from SA.They had food, clothing, shelter and above all they cherished liberty and found a purpose and value in their true country.

Here is a brilliant research on the legacies of Indian(esp. Hindus) exclusionism by the non color nativists of America:

https://wikileaks.org/podesta-emails//fileid/22923/6374

Munna Bhai H1b calls USCIS National Customer Service Center

Munna Bhai H1b calls USCIS National Customer Service Center at 1-800-375-5283 :

USCIS Customer care:
How may I help you? Please state your name and immigration status?

Munna Bhai :
Iam experiencing crushing labour issues.

My name is Munna Bhai H1B for last 10 years.

USCIS Customer care:
Bhai, You need to dial 911 immediately.Do you want me to transfer.

Munna Bhai :
You never get it? This is a work force labour issue Iam calling about.

USCIS Customer care:
My bad, please go ahead.

Munna Bhai :
Let me explain you from beginning..

H1b, country quota for annual Green cards, no country quota for H1b visa,90% H1b goes to India(2 billion people)..stuck in indentured servitude……

USCIS Customer care:
Oh I see.You called the wrong person. Iam just for customer care.Please reach out to Mr Kevin Cummins.

Munna Bhai:
You are the right person. Iam your customer and have a genuine concern.

Higher levels are in bed with lobby groups.You really seem to be nice and caring.

Sometimes, If there is a heavy rain and if I don’t have an umbrella, I stand under the trees.Can you do what you can?

USCIS Customer care:

Oh my gauche… Please go ahead.

Munna Bhai :
See, I have made my best fights so far.Did my part for HR3012, HR213, 100k White House petitions, Protested in front of White House.

Now, Iam getting tired and don’t believe anything is going to work because the opponents I face are numerous times wealthier and stronger than Iam.

Figured out I will try one last option of calling USCIS customer care.

USCIS Customer care:
Oh Dear, sorry about your situation.I will try my best to help you.

What is the problem again and how do you think I can help ?

Munna Bhai :
Let me explain you from beginning..

H1b, country quota for annual Green cards, no country quota for H1b visa,90% H1b goes to India(2 billion people)..stuck in ……

my mom doesn’t want me to come back, she cares for me ..my wife wants me to go back to India, not sure if she cares for me,.. my kid wants me to be here..I am going thru mid life crisis … 

oops sorry, Iam going through crushing labour issue…work force related USCIS created and ignored labour issue.

USCIS Customer care:
Got that part. Thanks for clarifying again.What can I do to help you.

Munna Bhai :
H1bs waiting for GC are ballooning and may soon cross a million at 10% rate increase.There is a crisis.

You guys have to match the 7% person country quota on Green cards to the H1bs being issued.

My calculation is, if you apply the 7% country quota of Green cards on H1B, India would have got, 975 instead of 45000 H1Bs it got for 2015.

USCIS Customer care:

How did you arrive at that number?How will that solve your problem.

Munna Bhai :
Ratios and proportions, school math.

This stops the pressure on Green card wait which was increasing every year by 10%.

Results in lesser indentured servitude folks and lesser displacement of American Workers.

And this is perfectly within the rights of USCIS with a valid reason.

Now you see, this problem of country quota faced by me, is not just mine to solve.

Let the Giants like Tech Industry, USCoC, AILA, USCIS(missed fees and budget cuts?) deal with it.
So, I can worry about just my “Life is not fair stuff like everybody else”

USCIS Customer care:
I made a note of all you said and will bring it up in our team discussions with our supervisor.

Please note down the case reference number as ….

Munna Bhai :

Thanks. Well, you may receive 1000s of calls soon from all over the country from folks like me going through labour pain.

I will follow up on my case soon or open a new ticket if not resolved.

USCIS Customer care:

Beg your pardon ?

The power of Now

The power of Now:
Essence of Time, past and future.

Woven on Time, pain with suture.
Now is no Time, Now is Prime.

Now is no Mind, Now is Kind.