H1B visa and mandamus [merged threads]

[superyggdrasil 1]

10 hours ago, SusieQQQ said:

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.

I totally hear you and not trying to ignore what you say.

 

Just trying to gather more information to make a decision.

 

I have been reading threads aboutut 5535 in Morocco or elsewhere for the last 7 months almost everyday but most of them are for marriage or fiances based visas.

 

I know a cabin crew member that had a 5535 in Casablanca and got his visa after 3 months of waiting thats what made me look for the lawsuit since it seems like they can do it faster but they just don't want to work on it or something.

 

I saw a mandamus for an H1B visa on Facebook that got it after 2 weeks of filling.

 

I saw one getting a denial also.

 

So yes it is all over the place.

 

My employer is not against me doing the lawsuit but against citing them in the lawsuit which makes my case weaker hence why I don't really want to do it.

 

On the other hand im afraid of ending up waiting more than a year without a job or a passport but yes even if it would be cheap I understand that a mandamus might change nothing but I saw many people where it helped to resolve their case hence why I wanted to ask you guys here.

[superyggdrasil 1]

9 hours ago, Jorgedig said:

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.  

I never said It was my right to have a visa.

 

But they give people approximate deadlines ( the 180 days thing) and as you can see they basically lied to me during the interview so I might not be an american citizen but I am a human with feelings.

 

I am also going to work in the medical field where I am supposed to help those people with their constitutional rights but anyhow its not because I am a doctor that they should not do a background check for the security of their country what I am mad about is the fact he told me to my face that my visa was approved like 4-5 times and told me that I will get my passport back in 2 weeks to end up getting stuck for more than 7 months without a single update.

 

 

As for the senator inquiry my employer asked for it and he agreed and did that for me but It changed nothing.

[throwitaway 190]

There’s a lot to unpack here with a reputable lawyer. I only know one lawyer that charges that low and if it’s who I think it is you want to run away as fast you can from that person.

 

Consulting your employer’s lawyer for next steps is not usually helpful. They represent your employer, and most employers tend to shy away from civil immigration suits so they’re not the right people to ask. 

 

I can tell you that I personally know several H1B plaintiffs that were succesful with WoM, in fact there are a few lawyers that are popular for this kind of suit and visa class. None of them involved their employers, predictably. 

 

You can use Avvo to explore law firms, it’s a well known review site. Because you’re non-immigrant, DC-licensed attorneys is where you want to start if you want to proceed with a lawsuit.

Nobody here can tell you if it will be effective or worth the cost and effort. 

Edited October 29, 2022 by throwitaway
Punctuation

[superyggdrasil 1]

20 hours ago, throwitaway said:

There’s a lot to unpack here with a reputable lawyer. I only know one lawyer that charges that low and if it’s who I think it is you want to run away as fast you can from that person.

 

Consulting your employer’s lawyer for next steps is not usually helpful. They represent your employer, and most employers tend to shy away from civil immigration suits so they’re not the right people to ask. 

 

I can tell you that I personally know several H1B plaintiffs that were succesful with WoM, in fact there are a few lawyers that are popular for this kind of suit and visa class. None of them involved their employers, predictably. 

 

You can use Avvo to explore law firms, it’s a well known review site. Because you’re non-immigrant, DC-licensed attorneys is where you want to start if you want to proceed with a lawsuit.

Nobody here can tell you if it will be effective or worth the cost and effort. 

I actually found this lawyer on Avvo and he has great reviews and 32 years of experience that is why I trust him in the first place.

 

Well everybody say different things made me wonder if the mandamus is useful or if they would have had the visa at the same time anytime in the first place

[superyggdrasil 1]

Hello guys. I had my H1B interview on the 28th of march 2022 and the visa officer told me it was approved.  

Unfortunately a few days later he sent me a background check form to fill ( DS5535) and put me under administrative processing ( since the 4th of april, it came as a shock obviously).

I have been under AP since then and I am more than tired of waiting without any updates.

A lot of people told me that I should fill a writ of mandamus and others to wait..

The thing is some lawyers told me I might not have standing without my employer ( my employer don't want to be part of the lawsuit but is not against me doing it myself) and others told me I can do it without my employer.

Since this is an investment I want to be sure I am not lied to and end up spending thousands of dollars over nothing.

Thank you for clearing this doubt  about standing for me.

[Boiler 45,770]

Hacking is the Lawyer I always think of when doing Mandamus. I know he is well into 4 figures.

 

Obviously he is not the only one who does them, as I am not certain about the answer, I have seen it discussed but not a conclusion, I would ask the Lawyers you are looking at for their view. A decent one will not take it on if it is not doable.

[Crazy Cat 41,985]

13 minutes ago, superyggdrasil said:

The thing is some lawyers told me I might not have standing without my employer

That might be a very valid point.  Your visa is at the will of the employer, is it not? 

[superyggdrasil 1]

5 hours ago, Boiler said:

Hacking is the Lawyer I always think of when doing Mandamus. I know he is well into 4 figures.

 

Obviously he is not the only one who does them, as I am not certain about the answer, I have seen it discussed but not a conclusion, I would ask the Lawyers you are looking at for their view. A decent one will not take it on if it is not doable.

 

I have asked a reputable lawyer he told me it is not a problem hence why I hesitated.

 

Even the one I asked that said no told me its just a precaution its not mandatory

5 hours ago, Crazy Cat said:

That might be a very valid point.  Your visa is at the will of the employer, is it not? 

yes but I am the one applying for it so I dont know, I am not a lawyer.

[TBoneTX 45,663]

Threads on same topic = merged.  Please avoid starting duplicate threads.

Edited November 27, 2022 by TBoneTX