The dreaded DS-5535 thread for Montreal Only. Post here and support each other (PART 3)

[Leo The Great 137]

20 hours ago, AP_since_May2023 said:

 

I am seeing on other forums about spouses of USC filing for AOS even when they arrive on a tourist visa or ESTA, and get their I-130 and I-485 both approved within 3 months.

 

Not sure about legality of filing for AOS for IR category visas if you are applying it after placed in AP. Some folks with EB visa and already working in US on work visa are getting green card via AOS in 6 months despite they are still in AP via consular processing for several months. 

Edited April 5 by Leo The Great

[pkcnvs78 0]

Hi Folks, 

 

I wanted to know if there is anyone with experience of DS5535 Admin processing for Ottawa. I applied for a non-immigrant visa and have been waiting for 6+ months now for an update. There has not been a single status update date on my file. The consulate was previously very responsive to emails but for the last 2 months have also stopped responding to emails. I do not even get an auto-generated reply which seems strange to me. 

 

If folks have an idea on what to do here or how long the admin processing takes, would greatly appreciate some insights. Is it normal to get no status update at all since the day DS5535 was issued? 

 

Thanks!

[Leo The Great 137]

20 minutes ago, pkcnvs78 said:

Hi Folks, 

 

I wanted to know if there is anyone with experience of DS5535 Admin processing for Ottawa. I applied for a non-immigrant visa and have been waiting for 6+ months now for an update. There has not been a single status update date on my file. The consulate was previously very responsive to emails but for the last 2 months have also stopped responding to emails. I do not even get an auto-generated reply which seems strange to me. 

 

If folks have an idea on what to do here or how long the admin processing takes, would greatly appreciate some insights. Is it normal to get no status update at all since the day DS5535 was issued? 

 

Thanks!

National Vetting Center is used for clearance of non-immigrant visas and it should be more efficient than the KFE vetting system that is used to clear immigrant and K1 visas. You should get few updates once the DS-5535 form is submitted and then 3-4 more updates once the clearance is received from DC. 

Edited April 5 by Leo The Great

[pkcnvs78 0]

14 minutes ago, Leo The Great said:

National Vetting Center is used for clearance of non-immigrant visas and it should be more efficient than the KFE vetting system that is used to clear immigrant and K1 visas. You should get few updates once the DS-5535 form is submitted and then 3-4 more updates once the clearance is received from DC. 

 

Thanks for sharing. The strange thing is that the DS5535 was given a few days after the interview but neither me nor my family have gotten a single status update upon submission of the DS5535. We did receive email confirmation from the consulate that they have received our forms but the lack of any status updates on the CAEC website is strange for me. 

[Gha 16]

I just want to ask that what is the percentage of success in WOM and is it possible that my employer can file the law suit or only I can do it. Plz advise me who are the best lawyers for lawsuit these days. Please mention some names. I am already in 221g 19 month but Ds 5535 in 13 month 

thank you for your help 

[pkcnvs78 0]

28 minutes ago, Gha said:

I just want to ask that what is the percentage of success in WOM and is it possible that my employer can file the law suit or only I can do it. Plz advise me who are the best lawyers for lawsuit these days. Please mention some names. I am already in 221g 19 month but Ds 5535 in 13 month 

thank you for your help 

 

Did you apply for H1B / L visa or is it one of the EB categories?  

[APRIL2023 59]

Hello folks! A quick update. I’d been on AP for almost a year now (since April 2023). I am in the medical field. My employer was able to file a H1B petition for me and was successful. I was relieved to see that my IR1 petition did not impact my H1B (I know that on paper the two petitions have no bearing on each other, but didn’t believe it until actually seeing it happen). 
 

im gonna keep my IR1 petition open… in hopes that the light to the end of the tunnel is near. It has to be right? Sigh. My status hasn’t been updated for the past month. I had give up emailing for updates, as I either get a template response or no response at all. 

[Gha 16]

Hi

@pkcnvs78 it’s EB catgoery 

thank you

[northface 30]

22 minutes ago, Gha said:

I just want to ask that what is the percentage of success in WOM and is it possible that my employer can file the law suit or only I can do it. Plz advise me who are the best lawyers for lawsuit these days. Please mention some names. I am already in 221g 19 month but Ds 5535 in 13 month 

thank you for your help 

 

It is hardly to say the success rate, but at least WOM has somehow impact  to remedy the process I think. If you have capacity: money to hire lawyer or writing skill to file WOM online at local E-court system by yourself , with sound gounds , to convince judge stand by you. 

[dmitrych 14]

2 hours ago, APRIL2023 said:

Hello folks! A quick update. I’d been on AP for almost a year now (since April 2023). I am in the medical field. My employer was able to file a H1B petition for me and was successful. I was relieved to see that my IR1 petition did not impact my H1B (I know that on paper the two petitions have no bearing on each other, but didn’t believe it until actually seeing it happen). 
 

im gonna keep my IR1 petition open… in hopes that the light to the end of the tunnel is near. It has to be right? Sigh. My status hasn’t been updated for the past month. I had give up emailing for updates, as I either get a template response or no response at all. 

 

Wait, so you already have H1B visa in your passport, and it didn't end up with DS5535? If so, that's interesting, because the opinions I heard before is that if someone ended up with DS5535 for one visa, they will get it for any other consulate-issued visa too.

 

Edit: ah wait, you were never technically asked the DS-5535 form, right? You mentioned before that you sent it on your own, so it's not clear whether they actually needed it in the first place?

Edited April 6 by dmitrych

[APRIL2023 59]

2 minutes ago, dmitrych said:

 

Wait, so you already have H1B visa in your passport, and it didn't end up with DS5535? If so, that's interesting, because the opinions I heard before is that if someone ended up with DS5535 for one visa, they will get it for any other consulate-issued visa too.

I applied for the H1B after 221g was issued (pending DS5535) for IR1. The attorney representing my employer/me is aware of the ongoing IR1 petition and didn’t see an issue. Luckily, from that front, I didn’t encounter any problem. My intension is still to return to Canada to complete consular processing for IR1 once AP is completed and I shared that upfront. Not sure if this was explicitly mentioned or was even asked for the petition. 
 

One good thing to know - as Canadian, I am interview exempted, meaning I can directly cross the boarder and get my visa stamped there. I was dreading yet another interview, cause I still have ++ PTSD post montreal interview. 

[APRIL2023 59]

14 minutes ago, dmitrych said:

 

Wait, so you already have H1B visa in your passport, and it didn't end up with DS5535? If so, that's interesting, because the opinions I heard before is that if someone ended up with DS5535 for one visa, they will get it for any other consulate-issued visa too.

Also not sure if it’s because it’s processed at USCIS directly and didn’t really go through a consulate (being a Canadian and the reason above). 
 

Also proofs the point that DS5535 was issued based on invalid reasons because clearly there are no security threats. 

Edited April 6 by APRIL2023
Elaborate

[dmitrych 14]

56 minutes ago, APRIL2023 said:

One good thing to know - as Canadian, I am interview exempted, meaning I can directly cross the boarder and get my visa stamped there.

 

Ah, so that's probably why. I never heard of border officers issuing DS-5535. I myself got an L1 status similarly as a Canadian at the border. And then in a few months I got DS-5535 at the consulate for the IR1 visa, so I suspect I would've also gotten DS-5535 if I chose to go to a consulate for my L1 visa.

Their processes are a big mess that doesn't make sense - the consulate issues DS-5535 while the border officers don't.

Edited April 6 by dmitrych

[Leo The Great 137]

13 hours ago, pkcnvs78 said:

 

Thanks for sharing. The strange thing is that the DS5535 was given a few days after the interview but neither me nor my family have gotten a single status update upon submission of the DS5535. We did receive email confirmation from the consulate that they have received our forms but the lack of any status updates on the CAEC website is strange for me. 

What is the category of your non-immigrant visa? Are you Canadian citizen?

[Leo The Great 137]

7 hours ago, dmitrych said:

 

Ah, so that's probably why. I never heard of border officers issuing DS-5535. I myself got an L1 status similarly as a Canadian at the border. And then in a few months I got DS-5535 at the consulate for the IR1 visa, so I suspect I would've also gotten DS-5535 if I chose to go to a consulate for my L1 visa.

Their processes are a big mess that doesn't make sense - the consulate issues DS-5535 while the border officers don't.

In my view DS-5535 is for consular processing via embassy. If you are not Canadian citizen and need to stamp non-immigrant visa after immigrant visa stuck in AP via consulate, there is a chance you end up getting DS-5535 if flagged or on the CO discretion again. One guy was able to stamp L2 visa at border even though he was placed in AP(DS-5535) for EB category visa and was awaiting clearance by MTL. Folks are also getting green card via AOS in 3-6 months if they are in US on non-immigrant visas even though their cases for EB categories are still in AP for several months in MTL.

Edited April 6 by Leo The Great