OPTActionLogs

Log of every actions we take, results, responses and many more

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关于Lawsuit的任何问题请先查看 Lawsuit FAQ
想要参加 Robert Class Action的同学，尽快完成 Google Form

诉讼进程

以下是我们主要诉求 (Quote from the filed complaint):

  1. Plaintiffs seek, on behalf of themselves and unnamed class members, a mandatory temporary restraining order and preliminary and permanent injunctive relief that requires USCIS to open, process and adjudicate applications submitted by Plaintiffs and unnamed class members on an immediate basis, and to provide weekly status reports to the Court and counsel.
  2. Plaintiffs further seek, on behalf of themselves and unnamed class members, a declaration that USCIS has violated its legal obligations to open, process and adjudicate the applications submitted by Plaintiffs and unnamed class members.
  3. Plaintiffs further seek, on behalf of themselves and unnamed class members, equitable relief that relieves them of the irreparable harm that they have suffered and are threatened with suffering, including the following relief:
    (a) an order that enjoins ICE from removing Plaintiffs and unnamed class members who have lost their F-1 status while their applications remain pending with USCIS;
    (b) an order that students whose grace period expired while they were waiting for USCIS to adjudicate their applications will remain in F-1 status until at least fourteen (14) days after their application has been adjudicated;
    (c) an order that requires USCIS not to reject applications submitted by Plaintiffs and unnamed class members for technical errors where such applications cannot be corrected and resubmitted within the applicable deadlines, and instead to accept such applications, issue a receipt, and issue a Request for Evidence to correct any alleged deficiencies;
    (d) in addition or in the alternative, an order that requires USCIS to accept and consider applications that are corrected and resubmitted by Plaintiffs and unnamed class members within sixty (60) days after the date that they are rejected, notwithstanding the expiration of the applicable deadlines; and
    (e) for OPT applications, an order that permits Plaintiffs and unnamed class members to complete their full 12 months of optional practical training running from the date that their application is approved, even if USCIS’s undue delay means that they must complete it later than 14 months after the date they completed their studies.
  4. Plaintiff further seeks an award of reasonable attorneys’ fees and costs under the Equal Access to Justice Act.

Disclaimers:

  1. 加入诉讼完全自愿的。对于律师的选择完全自愿。请注意，没有律师或Volunteer Committee强迫任何人加入任何诉讼或承诺任何结果。
  2. 到目前为止，强烈建议您此时不要同时加入两个诉讼，因为这可能会使律师事务所的案子复杂化并危及诉讼。
  3. 作为reserved plaintiff, 你可以随时退出class action.

Robert Cohen

Lawsuit进程（倒叙）

🎉🎉🎉诉讼初步成果: USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT (2/26/2021), 诉讼还在继续

Checkout OPT CLASS ACTION, created by Robert Cohen to provide updates to the public.

想要参加 Robert Class Action的同学，尽快完成 Google Form,现在仍然可以作为reserved plaintiff加入


03/04/2021 Update from phone call with Rob:

  1. Interim WA: No response from USCIS today (maybe tomorrow, no guarantee)
  2. Twitter is very useful, please keep on tweeting
  3. USCIS is not putting OPT as first priority compared to (DACA, etc) due to lack of public attention / exposure
  4. Slow approving speed, USCIS is not giving any other reason except covid

2/26/2021 🎉🎉🎉 诉讼取得初步成果，USCIS政策更新如下（诉讼仍在继续，下周律师将和政府着重讨论解决OPTprocessingtime过长的问题）：
由于lockbox延迟的情形，移民局将允许去年10月1号到今年5月1号间递交Regular OPT或是STEM OPT申请但被拒绝的申请人可以享有如下的temporary flexibilities：

  1. 12个月OPT从批准时间算起，之前签发的不足12个月的OPT可以申请correction
  2. Reject之后，只要在2021年5月31日前refile USCIS都会处理，并且申请人不需要从学校取得新的I-20
  3. 签名问题USCIS不会reject而会发RFE

详细规定请参考 USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT

2/24/2021 The “Status of Settlement Discussions” is posted by Robert on the website OPT CLASS ACTION

2/23/2021 Robert爷爷邮件Update lawsuit进展：

  1. Robert’s team met with the Government lawyers twice last week to discuss the issues raised by our complaint and they expect to continue the discussions this week.
  2. Robert created the website OPT CLASS ACTION to provide updates and information for the named plaintiffs group, other students who are members of the proposed class, and the public.

2/18/2021 Robert爷爷邮件Update lawsuit进展：
Today we received a call from the Assistant US Attorneys representing the Government agencies with an offer to enter into settlement discussions. This first call was very productive and while we didn’t resolve anything in particular, we did agree on a framework for both our discussions and the nature of a final settlement agreement. If we can come to agreement, we will avoid the need for lengthy litigation and will be able to develop an agreement that provides the relief we are seeking. I want to emphasize that it not a “done deal,” we still have a lot of work over the next several days to address all of the issues raised by the complaint, but we are hopeful that this was a good sign and wanted to pass that along. We are also hopeful that by coming to an agreement with a settlement, it will resolve all of the issues quickly. While I would like to provide a firm timeline, at this point, we can’t do that other than to say we are going to be putting this on a fast track to the extent possible. The government also appears to be interested in resolving this quickly.

2/16/2021 🎉🎉🎉 CASE HAS BEEN FILED TO THE COURT!!!!!!
Note: you can still be added as reserved plaintiffs if you want to join the case; just fill out the Google form listed on the top of this page.

2/15/2021 收到Robert爷爷第二版Draft Complaint，修改后发回。

2/12/2021 根据Robert爷爷的建议增加了三位Stem OPT的Named Plaintiffs，已收集资料发给Robert，等待回复。

2/10/2021 收到Robert爷爷Draft Complaint，we have sent back our feedback.

2/09/2021 First batch of named plaintiffs have completed the payment today (02/09/2021).
The lawyer selected named plaintiffs. If you were not contacted by the lawyer directly, you are not named plaintiffs; instead, you and hundreds of students will be listed as reserved plaintiffs once you filled out the Google Form. Checkout Lawsuit FAQ for more info regarding named/reserved plaintiffs.

2/09/2021 收到Robert爷爷邮件回复，汇总如下：
已经过了Grace Period被Reject还能否呆在美国的问题，详见 Lawsuit FAQ
Emailed a draft complaint for volunteer committee to review later today. (The complaint is the legal document that begins a lawsuit; it identifies all the plaintiffs and defendants and explains the facts and legal claims.)

Robert sent out the payment link today, all named plaintiffs have completed the payment (02/09/2021).

Robert also said:
We have seen announcements with an excuse as to why the receipts have been delayed, and while we don’t think the excuses provided have been persuasive, it is clear that USCIS recognizes they have a problem.  Our concern is not only the delay in the receipts, but with the substantive problems that the delay has caused, many of which are identified in the discussion earlier in this string.  We hope and anticipate that this lawsuit will give us an opportunity to fashion remedies for students who have been impacted by the delay, not only the delay getting the receipt, but consequences of that the delay has caused, such as shortened periods of OPT and rejections for technical reasons coupled with the expiration of deadlines. 

1/30/2021 跟Robert爷爷电话，汇总如下:
The case has not been filed yet, but Robert and his team is working on it and will let us know once their done and will send out payment link by then.

1/29/2021 跟Robert爷爷电话，汇总如下:

  1. this is a special case with an usual fee arrangement so that is why it is taking some time because there are several internal level of approval to go through
  2. Currently Robert’s team is working on the complaints, which will be ready within the next day or 2.
  3. Case will be filed in Ohio
  4. The case will be filed within the next couple of days.

1/28/2021 Robert答应接下我们的case
1/28/2021 第一诉讼人（第一个联系Robert的同学）签署fee agreement
1/28/2021 找到一名愿意作为representative的Ohio的同学（因为case要file到Ohio的联邦法院），同时我们得知需要15个named plaintiffs，其余同学将作为reserved plaintiffs进行诉讼(关于named plaintiff和reserved plaintiffs的见Lawsuit FAQ)
1/19/2021 第一次zoom meeting

Lawsuit计划

Brad Banias

Lawsuit进程

1/22/2021 Brad hold a zoom meeting for anyone signed up on his website. (Not meeting with volunteer committee directly) 1/26/2021 Meeting with volunteer committee 1/28/2021 sent us draft contract (注：不用签，就是给大家看一下基本情况)
想要参与lawsuit的同学直接在他的网页上填写资料，签署合同，网址及密码如下：
www.wasdenbanias.com/optdelaysuitonboarding
The password: 2021opt

lawsuit计划

详情见draft contract

[Ira Kurzban]

[Greg Siskind and Charles Kuck]

[Patrick K. O’Rourke]

[Ying Cao]

[Rafael Ureña]