gctarget06 said:Hi Guys,
Please take a look at my situation as I am seeking your benign suggetion/opinions/comments to file a writ of mandamus or whatever it may be, if that is indeed an option...here goes the chronolgy...
Nov. 2004
Concurrent filing of I140,I485, I131
Status - All petitions are pending due to the "security check".
Contacted Senator,congress men and made tons of enquiries but of no avail.
Aug 2005
6th year h1B extension was filed.
Status - Pending due to the "security check"....
March 2006
Filed FOIPA and received "No records" .
July 2006
7th year H1B extension was filed in "premium processing" although the 6th year's extension is still pending.
Status - Pending due to the "security check".....
Now, since my H1B (regular & premium) case is also stuck due to the same #$@&^%&^ security check, I am not even in a position to visit my homeland anymore. it is causing a lot of stress and frustration on my family here and back in India...No clue what to do... I just came across this thread and it seems like I could probably file a writ of mandamus in my case...??? anybody could please share the experience or head me in a right direction ??
Thanks a lot in advance and keep up doing the noble job of helping/sharing...
This is horrible..... I just couldn't believe your PD is so far behind.
You should file a motion immediately. I don't know how long your PD becomes current, but I have been seeing in some AUSA's motion to dismiss, they mentioned that "since the petitioner has been waiting for XXX years after the PD becomes current, it can be reasonably concluded that he/she has abandoned his right to pursue in this court." This arguement derives from the "statue of limitation", you claim you are owed some debt, but you have to actively collecting it from the debtor, otherwise it is deemed that you forfeit your rights....