Montreal embassy EB-2 interview wait time

[Leeching Spouse 87]

1 minute ago, 3LabMom said:

July 2021.

Gotcha. You rather file mandamus than O1A with PP? O1A is dual intent.

Edited July 18, 2022 by CanadianMD

[3LabMom 76]

Just now, CanadianMD said:

Gotcha. You rather file mandamus than O1A with PP? O1A is dual intent.

Currently I am self employed, so unable to apply for 01A without someone wanting to hire me as a full time employee.  My lawyer also said that the O1A could be denied since the I-140 has been approved since the 01A is not designed to get a green card.

[Sorrel 83]

4 hours ago, CanadianMD said:

Did it take 12 days from June 29 to July 11th to get your passport back? Any way to request for an expedited return of the passport especially for those who are already living/working in the US? It might be difficult to take 2-3 weeks off from work, and we would also have to rent a hotel for those 3 weeks.

Since Friday, July 1st was Canada Day and Monday, July 4th, was a holiday, we lost two business days. We opted to have our passports delivered to an outside location, for fear that we would miss the delivery at home.  We actually received notification that our passports were ready for pick up on Friday, July 8th, at 5:13 p.m. But the location was already closed, so we had to wait until Monday morning July 11th.   Even if we had stayed in Montreal, because of the holidays not sure they would have been ready sooner.  In total it might have added 4-5 days from the date of our interview.  

[GLI 4]

9 hours ago, CanadianMD said:

Can you please update us on the status of your AOS? Did you also apply for EAD and AP alongside your I-485? Thanks!

Sure, I got the RFE request on June 13th, I still didn't response, I completed I693 for the entire family 2 weeks ago and now I'm waiting for my attorney and employer to complete something called Supplemental J - I hope they will do it soon.

 

I didn't apply for EAD, my employer said that I have 5 years for my visa so they don't see a reason (I agree).

I saw that AP was approved in my attorney's firm online account, I assume they have submitted it without asking for permission (I don't care about this one). 

[Leeching Spouse 87]

6 hours ago, Sorrel said:

Since Friday, July 1st was Canada Day and Monday, July 4th, was a holiday, we lost two business days. We opted to have our passports delivered to an outside location, for fear that we would miss the delivery at home.  We actually received notification that our passports were ready for pick up on Friday, July 8th, at 5:13 p.m. But the location was already closed, so we had to wait until Monday morning July 11th.   Even if we had stayed in Montreal, because of the holidays not sure they would have been ready sooner.  In total it might have added 4-5 days from the date of our interview.  

Thanks, so it still takes at least 1 extra week (5 business days) at the earliest.

[GLI 4]

Just now, CanadianMD said:

Thanks, so it still takes at least 1 extra week (5 business days) at the earliest.

Yes, I hope the USCIS will receive it by the end of next week and based on what I see for other people, I really hope it will be only 2-3 months of wait and we are done. 

[Leeching Spouse 87]

36 minutes ago, GLI said:

Sure, I got the RFE request on June 13th, I still didn't response, I completed I693 for the entire family 2 weeks ago and now I'm waiting for my attorney and employer to complete something called Supplemental J - I hope they will do it soon.

 

I didn't apply for EAD, my employer said that I have 5 years for my visa so they don't see a reason (I agree).

I saw that AP was approved in my attorney's firm online account, I assume they have submitted it without asking for permission (I don't care about this one). 

Thanks for the update! Which service center did your petition get sent to?

 

I think EAD is useful in the event that you lose your current position and need to find another job. I'm not sure if the L1 would transfer over in those cases since its a new company.

 

The EAD is free to apply for anyway when submitting with a pending I-485, so no harm in applying for it if you change your mind!

Edited July 18, 2022 by CanadianMD

[Leeching Spouse 87]

22 hours ago, 3LabMom said:

Currently I am self employed, so unable to apply for 01A without someone wanting to hire me as a full time employee.  My lawyer also said that the O1A could be denied since the I-140 has been approved since the 01A is not designed to get a green card.

Found this info here: https://trac.syr.edu/tracreports/civil/689/

 

Seems like more applicants are starting to use Writ of Mandamus (WOM), and it's working. Question is how long is sufficient time to launch a WOM?

Edited July 19, 2022 by CanadianMD

[DrJh07 27]

13 hours ago, Leeching Spouse said:

Found this info here: https://trac.syr.edu/tracreports/civil/689/

 

Seems like more applicants are starting to use Writ of Mandamus (WOM), and it's working. Question is how long is sufficient time to launch a WOM?

After reading the article, most WOMs are against USCIS. Do you know if there are any successful WOM cases against NVC or US consulate? I am asking this because USCIS and NVC are different departments.

[Tony05 2]

11 minutes ago, DrJh07 said:

After reading the article, most WOMs are against USCIS. Do you know if there are any successful WOM cases against NVC or US consulate? I am asking this because USCIS and NVC are different departments.

Yes, USCIS is speeding up the processing, how about NVC? 

 

[ALC 61]

@3LabMom So you actually ended up having to sue Montreal consulate? 

[3LabMom 76]

1 hour ago, ALC said:

@3LabMom So you actually ended up having to sue Montreal consulate? 

Yep.  We shall see how this goes.

[newbie75 4]

On 7/1/2022 at 3:31 AM, VA21202 said:

All the best! I also have a similar AOS application in progress based off an already approved I-140 via my spouse. The shortest processing center I could find for AOS (I-485) is 23 months. Curious to see if the USCIS page is unreliable or is there something else I’m missing. As mentioned earlier, I’m on an edge case where I’m a able to have consular processing and AOS run in parallel thanks for my spouse’s application being put in at the same time. At this time to me it looks like consular is leading, as ironic as it sounds! 
 

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

Hello! I am new member to this forum, waiting for my turn in this slow moving CP line. Wanted to ask about applying for AOS in parallel with CP.  VA21202, please correct me if I am wrong, I thought all applicants on the AOS need to reside in US for the application and for CP the primary applicant needs to reside in Canada.  It will be very helpful to know how are you making this work? Is the primary for AOS residing in US and primary for CP residing in Canada? Thanks!

Edited July 20, 2022 by newbie75

[VA21202 109]

8 minutes ago, newbie75 said:

Hello! I am new member to this forum, waiting for my turn in this slow moving CP line. Wanted to ask about applying for AOS in parallel with CP.  VA21202, please correct me if I am wrong, I thought all applicants on the AOS need to reside in US for the application and for CP the primary applicant needs to reside in Canada.  It will be very helpful to know how are you making this work? Is the primary for AOS residing in US and primary for CP residing in Canada? Thanks!

Hi, lawyers have advised that it’s not an issue on either process. For CP, I’ll just need to travel to Montreal and attend the medicals and interview whenever it gets scheduled one of these years  And for AOS, same thing, there isn’t really a requirement that you cannot leave the country at all. As long as the primary (and in this case me as secondary) applicant have a valid visa (H/L etc.) we are able to travel. The only requirement is that while the AOS (I-485) is being submitted, the applicants need to be in the US at that time of filing. If you have an Advance Parole application filed along with the AOS, that AP application alone gets canceled once you travel outside but it has no impact on AOS (I-485) + EAD (I-765). Given that we have valid stamps of H/L, we are hopeful to travel for the interview (assuming the interview at MTL arrives before our AOS Green Card). This is my understanding based on our lawyers, hope it helps!

 

To your question: Primary AOS is in US and Primary CP is also in US (used to be in Canada earlier at the time of filing for CP)

Edited July 20, 2022 by VA21202

[newbie75 4]

3 minutes ago, VA21202 said:

Hi, lawyers have advised that it’s not an issue on either process. For CP, I’ll just need to travel to Montreal and attend the medicals and interview whenever it gets scheduled one of these years  And for AOS, same thing, there isn’t really a requirement that you cannot leave the country at all. As long as the primary (and in this case me as secondary) applicant have a valid visa (H/L etc.) we are able to travel. The only requirement is that while the AOS (I-485) is being submitted, the applicants need to be in the US at that time of filing. If you have an Advance Parole application filed along with the AOS, that AP application alone gets canceled once you travel outside but it has no impact on AOS (I-485) + EAD (I-765). Given that we have valid stamps of H/L, we are hopeful to travel from the interview (assuming the interview at MTL arrives before our AOS Green Card). This is my understanding based on our lawyers, hope it helps!

Thank you VA21202, this helps a lot and honestly what a great option if the spouse has a valid i-140! From what you said - after filing i-485 in person, in case one choses to come back to Canada (say still frequently travelling to US) with a valid H visa that should still be within the parameters. We will ask about the option with our lawyers as well. Thank you!