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4 years waiting and still nothing

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  • 4 years waiting and still nothing

    In 2001 I filed I-140 for an outstanding researcher. I did not need a labor certificate because when u do EB-1 employment based immigration all u need is a sponsor and to prove that you are an outstanding professor and researcher that is recognized internationally. My case was approved in June by the Nebraska service. Filed I-485 (Adjustment of Status) with Nebraska but in Dec 2002 my case was forwarded to the Chicago office for an eventual interview. I have not received an interview yet even though my priority date got current long ago. I have contacted the Senator a couple of times, spoke with customer service about a million times, wrote inquiry letters (about 5 of them) and still nothing. I have 2 questions:

    1. I am about to change my employer since the research program is coming to an end and I am about to start a new program with a new employer. Could this chance of employers result in denial of my application? As long as I know I am allowed to change employers 6 months after I have filed I-485 and not received an interview.

    2. Does anyone know what might be happening with my I-485? Any suggestions of what to do?

  • #2
    In 2001 I filed I-140 for an outstanding researcher. I did not need a labor certificate because when u do EB-1 employment based immigration all u need is a sponsor and to prove that you are an outstanding professor and researcher that is recognized internationally. My case was approved in June by the Nebraska service. Filed I-485 (Adjustment of Status) with Nebraska but in Dec 2002 my case was forwarded to the Chicago office for an eventual interview. I have not received an interview yet even though my priority date got current long ago. I have contacted the Senator a couple of times, spoke with customer service about a million times, wrote inquiry letters (about 5 of them) and still nothing. I have 2 questions:

    1. I am about to change my employer since the research program is coming to an end and I am about to start a new program with a new employer. Could this chance of employers result in denial of my application? As long as I know I am allowed to change employers 6 months after I have filed I-485 and not received an interview.

    2. Does anyone know what might be happening with my I-485? Any suggestions of what to do?

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    • #3
      Get an attorney and file a writ of mandamus. A writ of mandamus is filed in Federal Court forcing an administrative agency to basically do their job. the outcome can be:

      1. they will just approve it;
      2. Or deny it.

      But you can always appeal the denial (I think so).

      Good luck
      mamon

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