Montreal embassy EB-2 interview wait time

[VA21202 109]

4 minutes ago, Canusa1 said:

Anyone know how long it would take for an AOS to take place? I just got my document request for Montreal NVC and I have not sent it in. Thinking about getting a L1A and doing AOS instead of waiting for Montreal.

 

how long you guys think that would take to do AOS? 
thank you 

My attorney said anywhere between 15-24 months these days. Checked the USCIS website and that sounds about right for the I-485 AOS. The fastest I saw was about 15 months, the slowest was 32. 
 

https://egov.uscis.gov/processing-times/

[Canusa1 0]

15 minutes ago, VA21202 said:

My attorney said anywhere between 15-24 months these days. Checked the USCIS website and that sounds about right for the I-485 AOS. The fastest I saw was about 15 months, the slowest was 32. 
 

https://egov.uscis.gov/processing-times/

Would you suggest I do an AOS? Or wait for Montreal interview once I’m DQ’d

 

i also have to get an L1A visa but I can do that at my airport locally in canada so wouod take about 2 months. I am confused and scared to see which path makes more sense

[VA21202 109]

12 minutes ago, Canusa1 said:

Would you suggest I do an AOS? Or wait for Montreal interview once I’m DQ’d

 

i also have to get an L1A visa but I can do that at my airport locally in canada so wouod take about 2 months. I am confused and scared to see which path makes more sense

Yeah it’s definitely a tricky one. I’m in no position to suggest but given that you’re just starting the MTL journey, it might make sense to do AOS if you can get an L1. Personally I’m no switching to AOS right now coz I’m Jun 2020 DQ and thought I was close but apparently not. But I’m too nervous to switch at this point so I’ll stay here while I can and wait it out. To each their own, it’s a very case specific choice tbh…lot of factors

[CaveMan2 6]

1 hour ago, topman said:

I'm sorry to hear that. My understanding is that we cannot just pick any consulate in another country. There needs to be some ties to the consulate country, such as dual-citizen or permanent resident of the country, working in the country, etc. You could also consider adjustment of status (AOS) if you could move to US on a work visa such as H1B.  

Having ties to another consulate country was my impression as well, but my immigration attorney stated that's not necessary. 

I also have the ability to get a British citizenship since I was born in the UK, but I believe the US consulate in London has a long wait as well. 

[VA21202 109]

14 minutes ago, CaveMan2 said:

but I believe the US consulate in London has a long wait as well. 

Oh things in London are awesome now! They sped up so much and the wait is really short right now, like a couple of months kinda short.

 

 

[CaveMan2 6]

38 minutes ago, VA21202 said:

Oh things in London are awesome now! They sped up so much and the wait is really short right now, like a couple of months kinda short.

 

 

That's for EB3. Are EB3 in the same pool as EB2?? 

[VA21202 109]

4 minutes ago, CaveMan2 said:

That's for EB3. Are EB3 in the same pool as EB2?? 

I would assume so, if you notice the actual post I shared it seems the person is talking about an EB2 application, albeit in an EB3 forum

 

”Interview letter received today. EB-2 DQ 9th Feb 2022 Interview date 27th April “

[CaveMan2 6]

Does anyone here have experience moving their case from one embassy to another? I'm curious what this process entails and how long it would take typically. 

[ALC 61]

Wanted to test the temperature of folks here re: filing a class action suit against the Montreal consulate/Department of State, in terms of willingness and resources.  We all should have standing, though depending on the personal situation, might be a varying degrees of difficulties to prove injury.  I think for folks here that have retained a law firm for their I-140 and Consular Processing stages, wouldn't hurt to ask our lawyers if we have a case and report back. 

[Tony05 2]

5 minutes ago, ALC said:

Wanted to test the temperature of folks here re: filing a class action suit against the Montreal consulate/Department of State, in terms of willingness and resources.  We all should have standing, though depending on the personal situation, might be a varying degrees of difficulties to prove injury.  I think for folks here that have retained a law firm for their I-140 and Consular Processing stages, wouldn't hurt to ask our lawyers if we have a case and report back. 

Support!

[CaveMan2 6]

10 minutes ago, ALC said:

Wanted to test the temperature of folks here re: filing a class action suit against the Montreal consulate/Department of State, in terms of willingness and resources.  We all should have standing, though depending on the personal situation, might be a varying degrees of difficulties to prove injury.  I think for folks here that have retained a law firm for their I-140 and Consular Processing stages, wouldn't hurt to ask our lawyers if we have a case and report back. 

I'm in the process of inquiring about a mandamus lawsuit, even though I was just DQ'd last week. 

But one attorney informed me that an unreasonable delay would be a 2 year wait after being DQ'd. It seems other attorneys have different opinions. Some start the time from when USCIS initially received the application. Also what an 'unreasonable delay' means depends on each individual case.

 

I would be on board!! 

[jakay.gypsy 3]

22 minutes ago, CaveMan2 said:

Does anyone here have experience moving their case from one embassy to another? I'm curious what this process entails and how long it would take typically. 

I have moved my case to Mumbai consulate from Montreal recently. Process is to submit the public enquiry form with relevant documentation to show your ties in the target consulate country. In my case i submitted Indian passport. Downside is your DQ date will reset to the current date.

[ALC 61]

16 minutes ago, ALC said:

Wanted to test the temperature of folks here re: filing a class action suit against the Montreal consulate/Department of State, in terms of willingness and resources.  We all should have standing, though depending on the personal situation, might be a varying degrees of difficulties to prove injury.  I think for folks here that have retained a law firm for their I-140 and Consular Processing stages, wouldn't hurt to ask our lawyers if we have a case and report back. 

Another thought is rather than solely base the case on proving injury (loss wages, emotional etc.) which is often difficult, we could argue MTL/DOS improperly applied laws and regulations by prioritizing different folks, something similar to executive overreach or something like that. Find a law firm to send MTL an Intent to Sue, and force them to change their ways. 

All these sounds easy, but I am sure it will be a long and expensive project to take on...

 

Interested in hearing other folks' thoughts. 

[CaveMan2 6]

11 minutes ago, jakay.gypsy said:

I have moved my case to Mumbai consulate from Montreal recently. Process is to submit the public enquiry form with relevant documentation to show your ties in the target consulate country. In my case i submitted Indian passport. Downside is your DQ date will reset to the current date.

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

[CaveMan2 6]

11 minutes ago, ALC said:

Another thought is rather than solely base the case on proving injury (loss wages, emotional etc.) which is often difficult, we could argue MTL/DOS improperly applied laws and regulations by prioritizing different folks, something similar to executive overreach or something like that. Find a law firm to send MTL an Intent to Sue, and force them to change their ways. 

All these sounds easy, but I am sure it will be a long and expensive project to take on...

 

Interested in hearing other folks' thoughts. 

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).