Litigation

Dec 17, 2020 Recording of Free Community Conference Call (Every Other Thursday)

3 years ago By Chief Editor

Nonimmigrant Visas

Immigration Law

Green Card

Substantial transcription for video

Discussion Topics, Dec 17 Community Call

FAQs: Pending I-485 Petitions and 180 Day Portability Rule || Supplement J timing and joining previous Employer || Eligibility for and the process of EB-3 to EB-2 Porting || Job Change after I-140 Approval, Before I-485 Submission |||| Loss of H-1B Job and Opting for B-2 Visa || Delay litigation/Mandamus

Other Topics : CSPA (Child Status Protection Act) Age Calculation and Updating DS-260 Immigrant Visa Electronic Application || H-1B and Green Card Process with a Payroll Issue || Permits for Dependents with SOFA (Status Of Forces Agreements) Status || Moving from Canada to the USA with L-1 Visa || Advance Parole and EAD Renewal Applications || H-1B Petition was Approved, but the Extension of Stay Denied || Per-Country Quota Limitation for Employment-based Immigrant Act || H-4 Litigation and H-4 EAD Application Pending

Delay litigation/Mandamus

3 years ago By Chief Editor

Question details

I am on H1B and we applied H1B renewal and H4 and H4 EAD for my wife which is pending , my wife company is ready to apply H1 (she already used her H1 before from 2013 to 2016) , just wondering what will happen to her H4/H4 EAD application which is pending to USCIS right now ? I am hearing lot about litigation for H4 , are you filing litigation if needed ? If so what is success rate ?

Watch the Video on this FAQ: Delay litigation/Mandamus

Video Transcript

Delay litigations are highly useful, but not in all cases. FAQ in detail...

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Writ of Mandamus against delay

9 years ago By Chief Editor

Question details

I am currently pending I-485 (EB3, skilled worker employment based, priority date Oct 2008) since April 2014. I submitted inquiries through congressman, they received a letter that my case is on hold indefinitely. Do you recommend filing Writ of Mandamus or would that cause a denial? What other actions can I take, I've submitted a case through the Ombudsman and met with a USCIS officer through Infopass appointment (who told me nothing). No RFEs have been issued for this case, I-140 was approved and fingerprinting done (twice, since first set expired).

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/F0YZD8zWm88?t=333

FAQ Transcript:

Writ is simply order of the court or a formal order.

Read more about Writ of Mandamus against delay

Lawsuit Against Department of Labor, CIS and others

15 years ago By Chief Editor

Our client's original approved labor certification was lost in the mail. We tried numerous times to get a duplicate copy of the approved labor certification from the Department of Labor (USDOL) but couldn't get it from the USDOL. USCIS attempted to obtain a copy and informed us that they were making the attempt. We saw no results.

Status

The Defendants settled the case before submitting an answer to the complaint. Accordingly, USDOL issued a duplicate labor certification in favor of the Plaintiff and Plaintiff's Immigrant Petition (Form I-140) was approved within a few weeks.

Immigration Law

Litigation

Writ of Mandamus/Lawsuit Against Department of Homeland Security and others

15 years ago By Chief Editor

Our client, a citizen of Taiwan had filed an employment-based adjustment of status application. The Plaintiff's adjustment of status had been pending with the USCIS California Service Center for almost three and one half years. USCIS did not adjudicate his adjustment of status application since they could not get the name check clearance from the FBI.

Status

Approximately six months after the filing of the above-mentioned lawsuit, Plaintiff received his adjustment of status (green card). Subsequently, we filed a notice of dismissal with the DC federal court to dismiss the case without prejudice.

Immigration Law

Litigation

Writ of Mandamus/Lawsuit Against Department of Homeland Security and others

15 years ago By Chief Editor

Our client, a citizen of China had filed an adjustment of status application on the basis of marriage to a U.S. Citizen. The Plaintiff's adjustment of status had been pending with the USCIS for almost three years. USCIS did not adjudicate her adjustment of status application since they could not get the name check clearance from the FBI.

Status

Approximately eight weeks after the filing of the above-mentioned lawsuit, Plaintiff received his adjustment of status (green card). Subsequently, we filed a notice of dismissal with the DC federal court to dismiss the case without prejudice.

Immigration Law

Litigation

Lawsuit Against Department of Homeland Security and others

15 years ago By Chief Editor

Our client’s derivative-based Adjustment of Status (AOS) application was denied. USCIS stated in its denial that the applicant had been out of lawful nonimmigrant status for more than an aggregate amount of 180 days. We filed a lawsuit against the Department of Homeland Security (DHS) and others (Defendants) alleging, inter alia, that our client (the Plaintiff) would have been out of lawful nonimmigrant status for less than an aggregate amount of 180 days had the Defendants adjudicated Plaintiff’s earlier H-1

Status

The Defendants settled before submitting an answer to the complaint. Accordingly, Plaintiff’s AOS was approved.

Immigration Law

Litigation

Lawsuit Against Department Of Homeland Security And Others

15 years ago By Chief Editor

Our client retained us as legal counsel in order to compel the USCIS to grant an Employment-Based Adjustment of Status (AOS) Application. The Plaintiff's case had been on file with USCIS almost three years before he sought our assistance.

Status

Approximately three weeks after the filing of the above mentioned lawsuit, Plaintiff received his adjustment of status (green card). Subsequently, we filed a notice of dismissal with the DC federal court to dismiss the case without prejudice .

Immigration Law

Litigation

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