Here is the latest news about our Class Action court cases against the government of Alberta.
There are, in fact, two separate Class Action suits that have been filed by our legal counsel in Alberta. One case was filed on behalf of individuals whose applications for a Nomination Certificate were submitted before February 19, 2009. The other case was filed on behalf of individuals whose applications were submitted after February 19, 2009. On February 19, 2009, Alberta changed the requirements for qualifying for a nomination certificate under the program for H1-B visa holders and that is why it became necessary to file two separate court cases. Your application was submitted after February 19, 2009 and therefore is included in the second Class Action described above.
With regard to the case involving applications submitted before February 19, 2009, we have reached a settlement agreement in principle with the lawyer for the Alberta government. Once the agreement in principle is finalized, we expect that the applications in question will be reopened and that the Alberta government will grant nomination certificates to all qualified applicants.
With regard to the Class Action involving applications submitted after February 19, 2009 (including your application) our legal counsel continues to try reaching a favourable settlement agreement with the lawyer for Alberta. Until now, we have not succeeded in getting Alberta to agree to reopen the files and therefore we are planning arguments for our day in court. You may be wondering why Alberta would agree to settle the first Class Action case but not the second. For one thing, the issues were not exactly the same. However, more importantly, I believe, is the fact that many more applications are affected by the outcome of the second Class Action case. Alberta does not want to process all those applications and, in the end, may only do so if and when the Court orders them to. We do not yet have a court date for arguing the case on its merits. As soon as we do, or as soon as we achieve a favourable settlement with Alberta, I shall let you know.
Sincerely yours,
Attorney at Law
There are, in fact, two separate Class Action suits that have been filed by our legal counsel in Alberta. One case was filed on behalf of individuals whose applications for a Nomination Certificate were submitted before February 19, 2009. The other case was filed on behalf of individuals whose applications were submitted after February 19, 2009. On February 19, 2009, Alberta changed the requirements for qualifying for a nomination certificate under the program for H1-B visa holders and that is why it became necessary to file two separate court cases. Your application was submitted after February 19, 2009 and therefore is included in the second Class Action described above.
With regard to the case involving applications submitted before February 19, 2009, we have reached a settlement agreement in principle with the lawyer for the Alberta government. Once the agreement in principle is finalized, we expect that the applications in question will be reopened and that the Alberta government will grant nomination certificates to all qualified applicants.
With regard to the Class Action involving applications submitted after February 19, 2009 (including your application) our legal counsel continues to try reaching a favourable settlement agreement with the lawyer for Alberta. Until now, we have not succeeded in getting Alberta to agree to reopen the files and therefore we are planning arguments for our day in court. You may be wondering why Alberta would agree to settle the first Class Action case but not the second. For one thing, the issues were not exactly the same. However, more importantly, I believe, is the fact that many more applications are affected by the outcome of the second Class Action case. Alberta does not want to process all those applications and, in the end, may only do so if and when the Court orders them to. We do not yet have a court date for arguing the case on its merits. As soon as we do, or as soon as we achieve a favourable settlement with Alberta, I shall let you know.
Sincerely yours,
Attorney at Law