H1B visa and mandamus [merged threads]

[superyggdrasil 1]

Hey guys.

 

I had my interview at the embassy in Casablanca, Morocco on the 28th of March 2022.

 

my H1B visa was approved during the interview and they kept my passport but unfortunately I had to fill a form ds5535 a few days later and have been stuck since then.

 

its been 7 months now.

 

A senator have made an inquiry more than a month ago and it changed nothing.

 

I sent an email to the support desk last week and received this answer:

 

"Dear Applicant: 


Thank you for writing to the U.S. Visa Service Desk. 

We understand that you would like to know the status of your visa application. 

We are escalating your case for final resolution and you will receive a follow-up email with further guidance."

 

I was so happy at that moment but unfortunately I sent them an inquiry a week later and this is the response I have got today:

 

"Thank you for your e-mail inquiry. Your visa application is still undergoing some administrative processing.  We cannot determine how long it will take to complete this process; but we will notify you once it is completed. What you have received was an automated response to an email inquiry you have send to our visa support desk."

 

I am at lost of words , I want to cry , I am tired like probably almost everybody here but these mind games of making me think something that is not true is just inhumane.

 

I am really thinking of filling a mandamus lawsuit but many people tell me it is pointless or that I will only get pointless updates and It won't change the timeline a bit as they will just ask for extensions.

 

in addition to that my employer don't want to be cited on the lawsuit so my lawyer is not sure I would have standing in the first place.

 

I am totally lost with this process, any insight or reassurance is welcome.

 

Thank you.

[SusieQQQ 11,586]

Your problem is the DS5535. It takes as long as it takes. Some people are more than a year on this. It”s a security issue and they’re not going to rush it or approve it until they are satisfied there is no security risk.

[superyggdrasil 1]

5 minutes ago, SusieQQQ said:

Your problem is the DS5535. It takes as long as it takes. Some people are more than a year on this. It”s a security issue and they’re not going to rush it or approve it until they are satisfied there is no security risk.

So a mandamus lawsuit wouldn't have any effect on it?

[SusieQQQ 11,586]

1 minute ago, superyggdrasil said:

So a mandamus lawsuit wouldn't have any effect on it?

Mandamus only forces a decision. It does not force a favorable decision. If they haven’t been able to resolve their issue and are forced to make a decision the only thing they can do is deny. Seems the better thing to do is wait it out.

[SusieQQQ 11,586]

If you do a search in the forum there are various 5535 threads, I’m sure you can find some at the Casablanca embassy who might be able to give you more insight into how long they might take, etc, as it does seem to vary according to country of origin.

[superyggdrasil 1]

27 minutes ago, SusieQQQ said:

If you do a search in the forum there are various 5535 threads, I’m sure you can find some at the Casablanca embassy who might be able to give you more insight into how long they might take, etc, as it does seem to vary according to country of origin.

I searched a lot on the forum but nobody really talks about the mandamus that's why I don't really know what to do 

[SusieQQQ 11,586]

1 minute ago, superyggdrasil said:

I searched a lot on the forum but nobody really talks about the mandamus that's why I don't really know what to do 

Ignore the mandamus. Focus on the 5535.

[Boiler 45,442]

You know you have 2 options, wait or mandamus.

 

Mandamus is not cheap. And I seriously doubt anybody has been working on your case, much more likely it has been sitting in a pile.

 

Not all Mandamus are successful, some they will fight, all it basically would does is get somebody to look at it.

 

Now even a Mandamus will take 2 to 3 months and you could get your case processed by then so it will be money wasted.

 

A tricky call.

[superyggdrasil 1]

28 minutes ago, Boiler said:

You know you have 2 options, wait or mandamus.

 

Mandamus is not cheap. And I seriously doubt anybody has been working on your case, much more likely it has been sitting in a pile.

 

Not all Mandamus are successful, some they will fight, all it basically would does is get somebody to look at it.

 

Now even a Mandamus will take 2 to 3 months and you could get your case processed by then so it will be money wasted.

 

A tricky call.

 

exactly what I fear. 

 

I saw people get an answer 2 weeks after they filled their lawsuit others waited 4 months and were asked extensions every 60 days.

 

Im just wondering if the mandamus won't make them work on my case to finally get it issued or it might risk make It denied.

 

This process is so blurry its tricky.

 

As for the price I found a lawyer that would do it for 2900$ which is cheaper than the other "scammers" but without my employer being in he told me It is a bit complex.

[Boiler 45,442]

Do not think I have ever seen a H1b Mandamus and it would be logical for the Employer to file

 

Normally the way it works is you have say 2 months or we will see you in court, I know they sometimes ask for say another month which most Lawyers will recommend agreeing to 

 

I thought 5k was the going rate 

[superyggdrasil 1]

19 minutes ago, Boiler said:

Do not think I have ever seen a H1b Mandamus and it would be logical for the Employer to file

 

Normally the way it works is you have say 2 months or we will see you in court, I know they sometimes ask for say another month which most Lawyers will recommend agreeing to 

 

I thought 5k was the going rate 

5k is the going rate if you use the lawyers that everybody use.

 

if you dig more and email more law firms you can find some that do it cheaper basically thats how I found somebody with this price.

 

but now I don't even know if I should go through it I will be waiting for my lawyer to tell me what are the best next steps.

 

I am not even sure I want to do this lawsuit because I don't know if it is really helpful or not.

[Boiler 45,442]

In that case you wait

[SusieQQQ 11,586]

2 hours ago, superyggdrasil said:

 

exactly what I fear. 

 

I saw people get an answer 2 weeks after they filled their lawsuit others waited 4 months and were asked extensions every 60 days.

 

Im just wondering if the mandamus won't make them work on my case to finally get it issued or it might risk make It denied.

 

This process is so blurry its tricky.

 

As for the price I found a lawyer that would do it for 2900$ which is cheaper than the other "scammers" but without my employer being in he told me It is a bit complex.

Again, if you bother to look up some other threads  dealing with 5535s in morocco, you might get a better idea of what the usual wait time is. However, it sounds like you’d rather spend money going on it your own without your employer on a writ than wait maybe a month or two to see how the process plays out, that’s your prerogative of course. Hope you don’t shoot yourself in the foot by forcing a denial but seems most likely outcome is you pay and end up waiting as long as it takes anyway.

Edited October 29, 2022 by SusieQQQ

[SalishSea 17,801]

2 hours ago, superyggdrasil said:

5k is the going rate if you use the lawyers that everybody use.

 

if you dig more and email more law firms you can find some that do it cheaper basically thats how I found somebody with this price.

 

but now I don't even know if I should go through it I will be waiting for my lawyer to tell me what are the best next steps.

 

I am not even sure I want to do this lawsuit because I don't know if it is really helpful or not.

This is not a family-based visa.  Nobody has any "rights" to a visa.  How do you even get help from a US senator, without being a constituent/having a constituent family member?  

 

You just have to wait out the AP, unfortunately.  

[Family 3,988]

7 hours ago, superyggdrasil said:

searched a lot on the forum but nobody really talks about the mandamus that's why I don't really know what to do 

 

Read through and post to this extraordinary support thread…excellent source for everything from best attorneys for a lawsuit to specifics of post mandamus results.