Considering filing WOM

H

hope_Nov

Registered Users (C)
Hi folks,

I applied I-485 in July 2004. It has been two years already. I am considering filing a WOM, however, I still hesitate because I switched employer last November and haven't filed AC-21 yet per Lawyer's advise. I used my EAD for about 2 months for the new employer, then am using H1B1 sponsored by the new employer (since the new H1B1 came with a I-94, lawyer said it was OK to use the new H1 without going out of country for a stamp. I verified this with another lawyer and got the same answer). If I file a WOM, I am wondering if it will affect my I-485 negatively. I certainly don't want this happen that USCIS gets very mad and rejects my I-485. Can I just file a WOM against FBI, not the USCIS? Please, gurus, give me some suggestions.

Hope_Nov
 
hope_Nov said:
If I file a WOM, I am wondering if it will affect my I-485 negatively. I certainly don't want this happen that USCIS gets very mad and rejects my I-485.
Click to expand...

This is America. Government agencies cannot arbitrarily deny your petition just because you demand that they get off their asses and do their jobs.
 
Hire a good attorney to do this. I just filed mine in June, and my attorney was pretty hesitant about filing WOM until 3 years have passed since my RD (which was in April) - she said they are getting tough even with the law suits.
 
Mette,

Thanks for the reply. What do you mean by 'they are getting tough even with lawsuit'? Will they be toughter to treat lawsuit cases?

Hope
 
Read at least 10 last pages of this huge discussion. Not every filed case produces immediate positive results, unfortunately :(

http://www.immigrationportal.com/showthread.php?t=194681&page=270&pp=15&highlight=AP

My attorney just wrote me "Although many cases are resolved during the 60 days, CIS is becoming more pushy lately. Hopefully, with the case we've laid out, they will see that they need to move on your case, but if they fight us, then you just need to be ready to attend any court hearings, and maybe testifying. I have never seen CIS push it that far, but anything is possible."

So be prepared to fight.
 
Thanks Mette for your information. Wish you good luck on your case. Let us know how it goes.

My lawyer doesn't want to file a WOM for me. She said she never filed it before. I am contacting my new company's lawyer to see what he can do.

Hope
 
should I file WOM now ?

Dear all,

My PD is August 1, 2003 but my I-485 receipt date is December 2004 (name check pending since then). From I-485 receipt date, it's not 2 year mark yet but from PD, it's almost 3 year mark. Should I file or not?

I have exhausted all means, congressional inquiry, writing/calling USCIS, FOIPA, writing to FBI, praying, anything suggested, except filing WOM.

Thanks!
 
Some lawyer advised to wait for at least two years from your 485RD to file a lawysuit. You definitely can try. There're some success stories which did not pass two years' mark.
 
You must log in or register to reply here.
Top