H4 EAD: Help with evaluating if the Writ of Mandamus is the way to go.

[vsva_080 0]

Hello everyone,

 

I have applied for I-765 (EAD) for employment authorization. Currently, I'm on an H4 visa which was issued last year. This is a standalone application in the sense that I have only applied for EAD.

 

My application processing center is in California, and the last update I got from them was about the receipt notice last week for April. So it's been more than four months since I have gotten any updates from the USCIS.

 

I was trying to see if I can get a response from USCIS. I do not qualify for expedited requests as my reason is more of "I'm freaking frustrated".  I do have a pending job contract.

 

After talking to a lawyer, he said it's possible and would cost around $4500(!!).

 

My application is still processing for 4 months, which is still under the processing time suggested by USCIS, which is 9 months.

 

I'm trying to see if it's worth going down this route as it's a lot of $$$, and if there is a really low chance of this resulting in anything I'd like to know beforehand.

 

Does anyone have experience with successfully filing a Mandamus? Any help appreciated.

[Mike E 11,739]

It takes USCIS 10 minutes to adjudicate an EAD.  It doesn’t want to litigate WoM for an EAD as it will cost it more than what are paying your lawyer.   If you are confident you will earn $4500 net in 8 months then go for it.  USCIS will settle out of court 

[Chancy 6,241]

29 minutes ago, vsva_080 said:

I do not qualify for expedited requests as my reason is more of "I'm freaking frustrated".  I do have a pending job contract.

 

VJ members have reported being approved expedites for EAD upon presenting a formal job offer.  Have you tried sending an expedite request before and was denied?  Or did you just assume you do not qualify?

 

[Boiler 45,516]

Sounds a bit soon, 5k is the going rate. 500 and something filing fee.

[Mike E 11,739]

8 minutes ago, Boiler said:

Sounds a bit soon, 5k is the going rate. 500 and something filing fee.

H-4. In California.  I’m gonna guess tech skills and hence easy potential 6 figure base annual pay for entry level, and well over $200K / year for someone with work experience.  
 

Why wait?

[vsva_080 0]

2 hours ago, Chancy said:

 

VJ members have reported being approved expedites for EAD upon presenting a formal job offer.  Have you tried sending an expedite request before and was denied?  Or did you just assume you do not qualify?

 

No, I have not tried as the criteria for expedite request doesn't say a valid job offer is enough.

Edited September 7, 2022 by vsva_080

[Chancy 6,241]

11 minutes ago, vsva_080 said:

No, I have not tried as the criteria for expedite request doesn't say a valid job offer is enough.

 

 

[vsva_080 0]

14 hours ago, Mike E said:

H-4. In California.  I’m gonna guess tech skills and hence easy potential 6 figure base annual pay for entry level, and well over $200K / year for someone with work experience.  
 

Why wait?

I am ready for pay for the fees (they are bit steep though!), but I'm worried if the appeal is rejected and now there are side effects. Like would USCIS hold it against me? or it shows up in my "immigration records"?

It might be my irrational fear.

[Mike E 11,739]

19 minutes ago, vsva_080 said:

I am ready for pay for the fees (they are bit steep though!), but I'm worried if the appeal is rejected and now there are side effects. Like would USCIS hold it against me? or it shows up in my "immigration records"?

It might be my irrational fear.

That would be illegal.  Worse case you will be litigating each application 

Edited September 7, 2022 by Mike E