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

[tas005 4]

3 minutes ago, Leo The Great said:

Sorry to hear about that. As mentioned above, just vetting the resume also takes time now-a-days. Probably resume is also forwarded to DC and agents may take their time to clear it.

yes its like AP with CV.
When I was requested CV it was clearly mention in the email from CO that my case is now in AP and I need to send my updated CV. But the question is how long it will take when its only a CV, 3 months, 6 months or 12 months. I feel like sending passport again when requested and remedical is also a headache if no clear instruction is given.

[Ontarkie 13,957]

59 minutes ago, tas005 said:

yes its like AP with CV.
When I was requested CV it was clearly mention in the email from CO that my case is now in AP and I need to send my updated CV. But the question is how long it will take when its only a CV, 3 months, 6 months or 12 months. I feel like sending passport again when requested and remedical is also a headache if no clear instruction is given.

Sadly nobody knows. It used to be 8 weeks for extra documents, CV were a little longer. Do not redo medical, or send anything back to them unless they request it. 

[AP_since_May2023 37]

4 hours ago, tas005 said:

yes its like AP with CV.
When I was requested CV it was clearly mention in the email from CO that my case is now in AP and I need to send my updated CV. But the question is how long it will take when its only a CV, 3 months, 6 months or 12 months. I feel like sending passport again when requested and remedical is also a headache if no clear instruction is given.

 

I think those requiring CV are under TAL. It used to take 4-6 weeks

 

 

[Phil_K_IR1 83]

1 minute ago, SGtoMurica said:

 

I think those requiring CV are under TAL. It used to take 4-6 weeks

 

 

Nearing the 8 week point this Friday and nothing haha

[AP_since_May2023 37]

3 minutes ago, Phil_K_IR1 said:

Nearing the 8 week point this Friday and nothing haha

 

I hope I am wrong, but assuming I am also in TAL, it will be a few more months for you too.

[Phil_K_IR1 83]

We had a last updated change on the 23rd (2 days ago) after an email reply. 
 

Today, with no email, got another status update on the case last updated, but status hasn't changed from "refused". Is this a good sign? 

[Leo The Great 89]

53 minutes ago, Phil_K_IR1 said:

We had a last updated change on the 23rd (2 days ago) after an email reply. 
 

Today, with no email, got another status update on the case last updated, but status hasn't changed from "refused". Is this a good sign? 

Any update after few months of DS-5535/Resume submission is good sign. It indicates that Consulate/DC is working on your case i guess.

[Irish89 24]

On 1/24/2024 at 3:54 PM, SGtoMurica said:

 

Would you be able to link this? I think it highly depends on which state it is based on. For instance, Red Eagle Law had a great win (14 Iranian families) recently in the state of California, but this is non-enforceable in other states like NY or TX, or even DC.

Think it’s across the board seeing as it’s Federal regulation. To be honest I think it may not mean that the CO will actually reconsider an application unless they’ve received the clearance first. Perhaps if the clearance has come in for a case and that clearance info has been lost amongst the pile of info the consulate receives a reconsideration of the visa may prompt the CO to dig for the clearance itself. That’s best case scenario I feel. Just trying to be optimistic. 
https://www.ecfr.gov/current/title-22/chapter-I/subchapter-E/part-42/subpart-I/section-42.81

[ShawnK 76]

Well looks like nothing happening in January.

 

Hopefully, you February folks will see medical requests in Feb or March, hoping they don't take much more than 12 or 13 months to send a medical request .

 

I feel like us early 2023 people (Jan -April) should clear  by late Spring or Summer. 13 months (unless the rare odd endless case) is when we see them start to move on most people.

 

 

I think all of us will emerge from this much stronger, and we will never take the US or our legal status there for granted. 

 

Edited January 26 by ShawnK

[Irish89 24]

On 1/24/2024 at 3:54 PM, LYV said:

 

I am a late May EB1 interviewer and I received an unsolicited update in early Dec. I'm not sure anything can be read into the updates.

That sucks. You'd think if they opened your case after so many months unsolicited they would be making a decision. Maybe their getting ready to contact you still, seems they usually request passports around a month after receiving clearance from the DOS. The holidays may have delayed the request also. Hope you hear something soon.

[Irish89 24]

On 1/24/2024 at 4:58 PM, ShawnK said:

I think the pattern is 2-3 updates , one after another in a short period.  That's when it is close.

 

 

 

 

 

 

 

Have you heard this from people who received visas in the end? I posted a while back if people who got their visas noticed unsolicited updates on the CEAC tracker prior to receiving their passport requests but no one responded. I can't blame them from not being on here either though lol.

[ShawnK 76]

1 hour ago, Irish89 said:

Have you heard this from people who received visas in the end? I posted a while back if people who got their visas noticed unsolicited updates on the CEAC tracker prior to receiving their passport requests but no one responded. I can't blame them from not being on here either though lol.

For sure , spent way too much time reading these threads. When after many months in AP, you get unsolicited "organic" updates,  one after the other, maybe a day or so apart, good news is coming. Often after that people will get an email to do their medical.

 

So, if after many months in AP , you start seeing your case get updated, daily or every other day...get ready..

 

They only open your case if you contact them, of if they are actually doing something with it. Every time they touch it, it will update.

 

 

 

Edited January 26 by ShawnK

[dmitrych 14]

On 11/6/2023 at 5:12 PM, Nbc16 said:

WOM filed in september after 4 months post interview. Defendants filed a motion to dismiss… WOMs are definitely no longer the way to go!

Any updates since then? You mentioned you're with Goldstein, didn't they fight the motion to dismiss?

We need to gather more data, but I agree there seems to be a change in the consulate and government tactics since around July last year. There are more motions to dismiss. Also, before July people used to get a medical and/or passport request within ~3 months of filing the lawsuit. Now this doesn't seem to happen except for the natural flow of requests for those who were in AP for almost a year. As if WOM is no longer effective. Someone please correct me if you have a good recent counterexample - we really need them now.

[Undefinedornull 2]

I’ve been waiting since October last year w/ my EB1a, STEM background, not a Canadian citizen. Trying to be optimistic and looking forward to hearing from them as soon as possible. Keep your chin up, guys!

[Leo The Great 89]

If someone is interested in reading comments in response to state department "Proposals, Submissions, and Approvals: Supplemental Questions for Visa Applicants"(https://www.regulations.gov/docket/DOS-2023-0028/document)  posted last year, here is the link:

https://www.regulations.gov/docket/DOS-2023-0028/comments