@Artur D sorry to hear this. Have you considered contacting the USICS Ombudsman? I heard they sometimes can help. I did hear from an attorney (not mine, this was online) that USICS have been known to reject. Re a writ of mandamus, I hear these costs anywhere between 5/12k to file with an attorney. would you use an attorney or file yourself?

@Teresa Lee thank you for info! do you mean that USCIS may deviate from sustained appeal? or your mean remanded appeals? I do have an attorney. I did contact omdusman and congressman but they couldn't help me. I believe my next step is to file writ of mandus but I want to learn more about potential negative outcomes.

@Teresa Lee I believe that sustained appeal is non reversible but I would be happy if you will share some details about appeal rejection.

Sorry - I guess it depends how the AAO worded it.. I have seen this "ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new decision consistent with the foregoing analysis. " in which case, then I think it goes back to USICS, and USICS can then make a new decision (let me try and find the attorney that wrote he has seen both a rejection and approval after this step). But if yours said "The Petitioner has met the requisite three prongs set forth in the Dhanasar analytical framework. We conclude that he has established he is eligible for and otherwise merits a national interest waiver as a matter of discretion. ORDER: The appeal is sustained. " Then I can't see how USICS can deviate from this. I assume when you tried to call them USICS were not helpful at all? I did also read an article (and apologies, you can see I am reading a lot!) where an attorney said that USICS do not take it personally if you file a writ - but then the costs to do this could be quite high.

@Teresa Lee That's mine: "The Petitioner has met the requisite three prongs set forth in the Dhanasar analytical framework. We conclude they have established that they are eligible for and otherwise merit a national interest waiver as a matter of discretion. ORDER: The appeal is sustained. " Few service requests were not helpful at all unfortunately. I was successful only one time when I talked to a real person at premium processing unit at TSC and they confirmed that my appeal was sustained and now it's on post adjudication phase. Thank you for sharing the info! I also think that they won't take it personally. Yeah , it will cost me money but I would rather pay then wait.

@Teresa Lee I recently had a conversation with an attorney and I have learned about some downsides of unsuccessful appeal. I just want to share it here. If you solely rely on i-485 pending and appeal will be denied or USCIS will not change it's decision then you may be considered unlawfully present in the US all this time that appeal is pending.

@Teresa Lee sorry, I didn't see your message in another discussion. Feel free to reach out me: arturfsb58@gmail.com. I have numerous consultations with immigration attorney and maybe some information maybe be helpful to you.

Thanks- I know when I called USICS and was getting nowhere, I played dumb and said "are you able to help me, or is it better to file a federal case" and all of a sudden they seemed a bit more involved and actually helped me.. but it was after being on the phone and getting nowhere - I don't understand how it can take 7 months to actually get anything from them. It is annoying you are having to consider filing a writ. I am still waiting for my appeal to be heard - it has been 4 months now, but I know I still have a few months to go

thanks @Artur D I will drop you an email

@Artur D so your appeal was denied?

@Q.n..E k no, it was sustained

@Artur D so what you did in that case?

@Q.n..E k not sure if I understand your question right. Are you talking about i-140 or i-290b?

about the i290b or i140? @Artur D

@Q.n..E k still not sure what are talking about, sorry.In my case appeal was approved and I am waiting for USCIS to change it's initial denial.

Hi Artur. Any update on your case?

@Hope . nope, preparing to sue USCIS. My plan is to file Writ of Mandamus in February.

@Teresa Lee @Hope . got approved

@Artur D great news! did you file your writ of mandamus or did you get approved without it?

@Teresa Lee I got a very generic response from my congressman( actually uscis response) about two weeks ago stating that "USCIS will be processing" my case. Yesterday I got an approval. Without Writ of Mandamus.

@Artur D that is amazing news!! congratulations! I am still waiting so please send me some good vibes!

thank you! I wish you best of luck! I don't remember if you finally decided just appeal, or appeal and refile. I just believe it is also an option.

Congratulations Artur D!!! All the best!!!

@Hope . thanks! hope yours will get approved soon!

Did you find out about your approval through mail or USCIS website?

@Hope . Case track app actually was first and then lawfully app.