Montreal embassy EB-2 interview wait time

[jakay.gypsy 3]

9 minutes ago, CaveMan2 said:

How long did the process take for you? I would need to get a British passport which may take awhile. 

it is the NVC general enquiry timeframe they publish in their website. it took around 6 weeks for me to get a response 

[topman 42]

1 hour ago, CaveMan2 said:

I'd say let's get an immigration attorney who is experienced in this area and get their opinion. I know these class action suits have been very successful in the past. 

Josh Goldstein is experienced at filing mandamus lawsuits , particularly for cases with delays in administrative processing (following interview). 

Since EB cases are employer-sponsored, I believe the class action lawsuit might need employer blessings/support too? MTL Consulate/NVC can easily argue that the applicant is not in the jurisdiction to file a lawsuit and the petitioner is the main beneficiary of the EB visa.

A lawyer would need to clarify if this is true which is make it tricky since employers don't want to get involved in a lawsuit with the government. I’m not trying to be a downer (I fully personally support this idea), but just trying to understand if we need employer's approval for a collective lawsuit.

[ALC 61]

42 minutes ago, topman said:

Since EB cases are employer-sponsored, I believe the class action lawsuit might need employer blessings/support too? MTL Consulate/NVC can easily argue that the applicant is not in the jurisdiction to file a lawsuit and the petitioner is the main beneficiary of the EB visa.

A lawyer would need to clarify if this is true which is make it tricky since employers don't want to get involved in a lawsuit with the government. I’m not trying to be a downer (I fully personally support this idea), but just trying to understand if we need employer's approval for a collective lawsuit.

Totally fair point, I have to point out that I am in a slightly different situation, I am EB2-NIW, so I am both the the petitioner and beneficiary of the IV.  

For folks aren't EB1-a or EB2-NIW, getting your employer's buy in is the key for sure! Though they don't necessarily get involved in the class action for the delay in the interview. Though if they are willing, they might have an even better case of "I have spent all this money on getting this guy through the process, but I can't get them into the US to work...". 

 

Will flag this as one of the "cons" for bringing a suit though. 

[topman 42]

16 minutes ago, ALC said:

Totally fair point, I have to point out that I am in a slightly different situation, I am EB2-NIW, so I am both the the petitioner and beneficiary of the IV.  

For folks aren't EB1-a or EB2-NIW, getting your employer's buy in is the key for sure! Though they don't necessarily get involved in the class action for the delay in the interview. Though if they are willing, they might have an even better case of "I have spent all this money on getting this guy through the process, but I can't get them into the US to work...". 

 

Will flag this as one of the "cons" for bringing a suit though. 

Gotcha, that great! I think it will be difficult to convince my employer to participate in this lawsuit, especially since they have been waiting patiently for 2+ years and we are close to the end - April 2020 DQ date.

 

However, I'm willing to put in my share of monetary support for the lawsuit for this group. This process has been excruciating for me and wouldn't want anyone behind me in the EB line to go through the same experience. We need to get the Montreal consulate to get their act together by being fair for all IV categories and transparent with the process. 

[ALC 61]

Just now, topman said:

Gotcha, that great! I think it will be difficult to convince my employer to participate in this lawsuit, especially since they have been waiting patiently for 2+ years and we are close to the end - April 2020 DQ date.

 

However, I'm willing to put in my share of monetary support for the lawsuit for this group. This process has been excruciating for me and wouldn't want anyone behind me in the EB line to go through the same experience. We need to get the Montreal consulate to get their act together by being fair for all IV categories and transparent with the process. 

That's very nice of you! 

Yes, probably doesn't make sense for you to be part of the class, given your DQ date, if for nothing else, fingers crossed that your IL will come before we even make a decision on whether to proceed. 

[CaveMan2 6]

6 hours ago, ALC said:

That's very nice of you! 

Yes, probably doesn't make sense for you to be part of the class, given your DQ date, if for nothing else, fingers crossed that your IL will come before we even make a decision on whether to proceed. 

I am applying for EB2 NIW as well. I'm on board with anything right now. How many people would we need? 

 

[kiboy 2]

is montreal consulate always been this slow in giving out interview dates even with pre pandemic? this is hopeless. i think the best course of action is to move your consulate to another consulate if possible. 

[ALC 61]

11 hours ago, CaveMan2 said:

I am applying for EB2 NIW as well. I'm on board with anything right now. How many people would we need? 

 

I don't know how many people we'd need, I'd assume the more people join, the more impactful and cheaper it will be for each individual. 

I dropped a note to my lawyer, will see what they say. 

[F2J_March 49]

I had once spoke with my lawyer about lawsuit but she did not agree. Mine is employment based follow to join case and I am interested as well.

[ALC 61]

11 hours ago, CaveMan2 said:

I am applying for EB2 NIW as well. I'm on board with anything right now. How many people would we need? 

 

Btw, are you in touch with that lawyer you mentioned? Goldstein?

[CaveMan2 6]

20 minutes ago, ALC said:

Btw, are you in touch with that lawyer you mentioned? Goldstein?

I am part of Joshua Goldstein's Visa delay facebook group. I have not yet contacted him however. Mandamus lawsuits seem to be his expertise, so he may one to contact.

I'm trying to get my case transferred to the US consulate in London for now, but I'm keeping all options open since it may not work out. 

 

I personally would not trust the opinion of a lawyer who has not filed mandamus lawsuits frequently. 

During this journey, I have received different opinions from various attorneys. The first one informed me not to apply for EB2 NIW. I did not go along with their suggestion and instead sought another opinion, and ultimately was approved. 

[LMIV 19]

12 hours ago, kiboy said:

is montreal consulate always been this slow in giving out interview dates even with pre pandemic? this is hopeless. i think the best course of action is to move your consulate to another consulate if possible. 

Our lawyer told us, pre-pandemic, to expect a 4-6 month wait for the interview after receiving approval.  So they had a decent backlog but now it's just crazy.  

[Tony05 2]

10 hours ago, LMIV said:

Our lawyer told us, pre-pandemic, to expect a 4-6 month wait for the interview after receiving approval.  So they had a decent backlog but now it's just crazy.  

It’s really crazy to have 27 month backlog.

[3LabMom 76]

Hi All - I spoke to my lawyer and she is reaching out to the only lawyer she feels would file a lawsuit against Montreal.  She will get back to me sometime Monday/Tuesday as to whether or not he feels we have a case.  I have also asked if those who had a company file on their behalf can join as well.  I will let you know what I find out.

[VA21202 109]

1 minute ago, 3LabMom said:

Hi All - I spoke to my lawyer and she is reaching out to the only lawyer she feels would file a lawsuit against Montreal.  She will get back to me sometime Monday/Tuesday as to whether or not he feels we have a case.  I have also asked if those who had a company file on their behalf can join as well.  I will let you know what I find out.

Thanks so much for taking the time to do it! Appreciate it, looking forward.