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Update about the class action lawsuit against Alberta - AINP H1B cases

sasidhar79

Full Member
Apr 7, 2009
28
8
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
 

sasidhar79

Full Member
Apr 7, 2009
28
8
My response to the lawyer as if it is going to make any difference....

Dear Attorney's Name ,

Thank you very much for the update.

I still do not get the difference between tge cases filed on or before February 19,2009 and on or after February 19 , 2009. If on February 19, 2009 Alberta has changed the requirements for qualifying for a nomination certificate under the program for H1-B visa holders why did they accept all those applications (including mine) ? the reason is that they have those NOCs still under acceptable list of NOCs and all our applications were accepted because of this reason.

Personally I think there should not be any difference between pre February 19, 2009 and Post February 19, 2009 cases , from what you mentioned about Alberta's reluctance to come to a settlement for the second class action suit shows that Alberta does not care about these applicants.

This is injustice that is being targetted at a large group of applicants who want to settle down in Canada and most of these applicants bring in enterpreneurial ideas and from what I percieve nearly 60% of them would start small business, fyi.. many of these applicants are going back to their home countries (mostly India) or are staying back in USA and wait for green cards. One thing that Canada and Alberta should realise is once you lose this influx of aspiring imigrants you lose a significant economic growth and social diversity, all the applicants are highly qualified and law abiding citizens this is the quality human resource Canada should never lose.

Well what is going to be Canada or Alberta's loss is going to be USA's or India's or China's gain.

Initially I had very high hopes and expectation about justice, ethics and the honorable traits of Canada bit now in my perception Canada is losing it's attraction, this unjust act by Alberta and how Federal Govt is ignoring it is making me doubt the ethical nature of the country ingeneral, I am sorry to say this and I am feeling very bad in uttering this.


thank you



regards

X

sasidhar79 said:
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