The dreaded DS-5535 thread for Montreal. Post here and support each other (PART 2)

[roshakky 13]

1 hour ago, ClemsonC said:

They didn’t keep the passport in the first place? 

Why would you need a resume for an ir1?

I guess I’ll be printing mine off…

No they gave all the documents back after interview.

 

They wanted to see the resume to look at job duties...maybe because he's a chemical engineer.

[emergence 47]

12 hours ago, roshakky said:

No they gave all the documents back after interview.

 

They wanted to see the resume to look at job duties...maybe because he's a chemical engineer.

It would be interesting to see FOIAs on our cases. I imagine a number of people with STEM skills come through Montreal, which could explain the excess of DS-5535s coming from there.

[jujubemom 0]

Congratulations!

I was also asked for my resume/CV. Did your husband have his education in the States?

17 hours ago, roshakky said:

No they gave all the documents back after interview.

 

They wanted to see the resume to look at job duties...maybe because he's a chemical engineer.

 

[WishIWasntHere 53]

On 9/15/2022 at 12:23 PM, ohmygod said:

We sent the second medical and police clearance along with passport last week. Approximately how long does it take to get a response from the consulate?

Mine took one week exactly, seems to be between 1-3 weeks is what I’m seeing across the forums 

[Bog-can 6]

On 9/15/2022 at 12:23 PM, ohmygod said:

We sent the second medical and police clearance along with passport last week. Approximately how long does it take to get a response from the consulate?

@ohmygodI was asked for a new medical this week.  They asked for my passport a few weeks back but in the meantime my medical expired.  Doesn’t the medical get sent electronically from the doctor?  

[LAMA9 118]

38 minutes ago, Bog-can said:

@ohmygodI was asked for a new medical this week.  They asked for my passport a few weeks back but in the meantime my medical expired.  Doesn’t the medical get sent electronically from the doctor?  

@Bog-can congrats! did you file WOM?  When was your interview?  

[ohmygod 60]

46 minutes ago, Bog-can said:

@ohmygodI was asked for a new medical this week.  They asked for my passport a few weeks back but in the meantime my medical expired.  Doesn’t the medical get sent electronically from the doctor?  

Yes, ours got sent electronically 

[Bog-can 6]

41 minutes ago, LAMA9 said:

@Bog-can congrats! did you file WOM?  When was your interview?  

No WOM.  Just AP .  Sorry if posted in wrong forum

[deep2ca 77]

Havent been here in awhile, thought I would come provide an update.

 

Late August my new medical was done since the old one was expired, I have sent the consulated my criminal record check, pictures, and passport. My case shows updated a day after the tracking number showed package delivered. Lets see how long it takes from here.

 

Anyone else send them updated medical, passport, pics, criminal record check etc and got approved? How long did it take from when you sent them the documents?

Edited September 17, 2022 by deep2ca

[DGF 730]

FOIA is expensive but can be requested online and is pretty interesting to go through. They do redact them though so I wouldn't expect that the reason for the DS-5535 would definitely be available through a FOIA request. 

[jgauthi242 35]

On 9/17/2022 at 8:59 PM, DGF said:

FOIA is expensive but can be requested online and is pretty interesting to go through. They do redact them though so I wouldn't expect that the reason for the DS-5535 would definitely be available through a FOIA request. 

Do you say they're expensive because you've filed one?

My understanding was they told you what the fee would be at the end of the process. I think many of them are processed with no fee.

You are correct that some information would be redacted, but it would be very interesting nonetheless to see all the job titles, foreign state of chargeability, etc.

This information could be used as the basis of a class-action lawsuit.

 

At the very least, getting such information and showing that they're basically wasting their time looking at people who don't need to be looked at would be useful. Take my wife's case. She's had AP done on her three times in less than seven years and nothing material has changed. Same company, same projects. Hasn't traveled to any of those "bad countries" since after the first time it was done.

 

I don't deny that AP serves a reason, but the logical thing to do when you have limited resources is focus them towards those attempting to do harm, not 6 month old babies and people in the STEM field. The simple fact that the vast majority of the people they process they let through proves that they're looking at the wrong people.

[talkingreckless 4]

Quote

Hi everyone,

 

Got the dreaded email for DS-5535 yesterday, I have been living in US for last 11 years (7 on F1 and 4 on H1b), have an apt, car, pay for all my things, have Bachelor and a master's from US, worked for 2 large companies, been here 11 years. I have been in admin processing twice before both times for my F1 visa but for my H1b the first time was quick and smooth.

 

Went to Ottawa may 31 to get my h1b stamp renewed (which I did back in 2019 and it took 10 days to get back but only gave me a 1 year visa)

 

Was told my visa was approved and will get it in 1-2 weeks and they kept the passport, but a day letter sent the email. Just reading through this forum it seems like most likey it will take a few months to process anything, so I won't be able to stay in Canada.

 

Can some tell me the process for asking my passport back because if I don't hear back in a week I am most likely gonna go back to my home country (Pakistan) and wait it out and hopefully don't lose my job....

 

So its been almost 4 months for me now since i went to renew my H1b visa stamp and i am thinking if going towards the WOM route, this is the 3rd time getting a admin processing, last two times it took ~ 3 months and this time it been longer. At this point my company has allowed me the max amount they can to work from aboard and will need to go on unpaid leave (while also paying my apartment, car, and ultites back in US ~$3000 per month) and getting married next month.

 

So its either leave US (pay heavy fines for cancelling contracts), cancel my green card process (which was recently started) and move to another country or file a WOM and hope for the best.

 

I have went through the thread and looked at the options for lawyers for WOM, can someone recommend me the best one in their opinion and roughly how long it takes them to file it? Thinking of going with goldstein but reading their communications isn't that great or nimerlaw

 

 

Edited September 19, 2022 by talkingreckless

[DGF 730]

On 9/18/2022 at 6:49 PM, jgauthi242 said:

Do you say they're expensive because you've filed one?

My understanding was they told you what the fee would be at the end of the process. I think many of them are processed with no fee.

You are correct that some information would be redacted, but it would be very interesting nonetheless to see all the job titles, foreign state of chargeability, etc.

This information could be used as the basis of a class-action lawsuit.

 

At the very least, getting such information and showing that they're basically wasting their time looking at people who don't need to be looked at would be useful. Take my wife's case. She's had AP done on her three times in less than seven years and nothing material has changed. Same company, same projects. Hasn't traveled to any of those "bad countries" since after the first time it was done.

 

I don't deny that AP serves a reason, but the logical thing to do when you have limited resources is focus them towards those attempting to do harm, not 6 month old babies and people in the STEM field. The simple fact that the vast majority of the people they process they let through proves that they're looking at the wrong people.

I haven't filed one myself, no. But I do work with FOIA request results as part of my job and they can be very large. If you request it digitally it'll be cheaper because you don't pay for copies. One I recently looked at was over 1000 pages, so you can see why that would get expensive quickly. The first 100 pages and 2 hours of searching are free apparently and there is also a fee waiver available but you need to prove that it's in the public interest. 

 

Source: experience and https://first.uscis.gov/content/pdf/USCIS_FOIA_Request_Guide.pdf

[jgauthi242 35]

12 minutes ago, DGF said:

I haven't filed one myself, no. But I do work with FOIA request results as part of my job and they can be very large. If you request it digitally it'll be cheaper because you don't pay for copies. One I recently looked at was over 1000 pages, so you can see why that would get expensive quickly. The first 100 pages and 2 hours of searching are free apparently and there is also a fee waiver available but you need to prove that it's in the public interest. 

 

Source: experience and https://first.uscis.gov/content/pdf/USCIS_FOIA_Request_Guide.pdf

Thank you for your detailed response!

 

Can you provide successful examples of proving it's in the public interest? The FOIA I filed was basically an inquiry with regards to AP processing times, per category, per post, by month, etc.

Edited September 20, 2022 by jgauthi242

[candyg 33]

On 9/16/2022 at 8:48 PM, deep2ca said:

Havent been here in awhile, thought I would come provide an update.

 

Late August my new medical was done since the old one was expired, I have sent the consulated my criminal record check, pictures, and passport. My case shows updated a day after the tracking number showed package delivered. Lets see how long it takes from here.

 

Anyone else send them updated medical, passport, pics, criminal record check etc and got approved? How long did it take from when you sent them the documents?

Hey deep2ca, yes I remember you were also pretty active on the old thread. This thread has lots of new people (unfortunately for anyone to be joining this thread). I can’t remember If you’re case was CR/IR1 or K1 but that’s great you received an update. Did they ask you to provide new Info or did you just submitted to them. All my stuff expired my interview was Nov 2021 and last update Jan 7 🥲