5535 form issued after 5 months of 221g - law suits mandamus

USA H1B
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1

Hi ,

Need help.

I stuck here in 221g from 5 month and after 5 month now they given 5535 form which I sent last week only.

Can I file law suits mandamus lawsuit right now or I must have to wait for 6 month or one year?

Kindly help,

2

Hi @Dinesh_M

Sorry to hear about the form DS5535 issuance.

You could have filed ‘writ of mandamus’ before DS 5535 was issued but, now that it has already been issued, you should wait at-least 60 days to file mandamus.

You can file mandamus litigation for form 221g as well if your case is pending for more than usual processing time at that particular US embassy.

The normal time is known by the US embassy emails or time taken by other similar cases. Its usually written on the US embassy emails or on the embassy website.

We are seeing this new trend where US embassy is issuing DS 5535 after a delay of 4-5 months these days. This is really strange and seems like another strategy to delay processing.

3

But here I am going for lawsuits because of 221g delay ( 5535 is part of this as i understand which i got now ) …221g is issued 4 month ago. advise please. Shall I connect to Nimer Law ?

Thanks

4

Yes, you can connect with Nimer Law but they would charge you fees even for consultation.

Nimer law has a coupon code ( use ‘am22tech’ for getting $250 off) for mandamus cases but i still think that your case is not suitable for it.

I suggest to wait at-least 60 days more and then your mandamus success chances will be very good.

5

I posted to Nimer and they adivsed no need to wait for 6 month and u alreddy waited for 4 month. Thank much to you Sir.

1 Like
6

Great. All the best and keep me posted.