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  #16  
Old 07-22-2009, 02:18 AM
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feedfront has a spectacular aura about feedfront has a spectacular aura about feedfront has a spectacular aura about
Default Thnx

Thank you Rameshvaid. I appreciate your input and ping you for his contact #, in case I need it.
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  #17  
Old 07-22-2009, 04:10 AM
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Dude
Tell them at US consulate that you need to travel to some other country like UK or Germany and want the passport back that way you can get your passport back.. As others suggested they cant hold on to your passport .

Last edited by sanjay02; 07-22-2009 at 04:12 AM.
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  #18  
Old 07-22-2009, 01:48 PM
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Default A fresh view

Quote:
Originally Posted by feedfront View Post
Hi,

I had to come to India because of death in distant family. I got emergency appointment for

H1B Visa at hyderbad but the office put my application on 'administrative processing' becoz she was concerned about my job (sounded like bio terrorism to her). She told me to provide more details about my job, company's clients and current research etc for further processing. She kept my application and passports (old and current).

I work for Biotech company from last 7 yrs (same company, almost same position becoz of GC)

and involves bio samples. Though I don't work in LAB and I'm s/w engineer providing s/w solutions for internal use.

I have AP also and July filer with finger printing and everything done (waiting for GC). My return flight is on July 27, 2009 and it's very impposible to postpone the date (mainly becoz seats are not available, end of summer break and secondly I cant away from work for long becoz of economic condition).

I have following questions for gurus, please reply ASAP:
1) Can I use AP to return back and still keep my H1B legal? Can I switch job using H1B (not EAD), in case my current employer closes down our unit)?
2) How to get the passport & I-797 (H1B approval notice) back? Should I tell them that since you may take longer time, my employer has suggested to use AP to come back and continue the work.
3) My half of the holidays have used up here (partly bcoz of stamping and partly becoz of funeral ceremony). I have to go to my hometown to see my family and I don't want to leave w/o passports.

Please, please suggest as soon as possible. Whether I should withdraw my passport and on what basis? Do you guys see some catch here.

TIA
My spouse is undergoing the same right now. Biotech, advanced degree, H1B pre-approved, H1B stamping required, AP in hand etc.

Good thing now is that the passport is processed (visa approved or denied we don't know) and is on its way through Blue Dart.

However, when we were sweating on it, aside of all other perspectives, we explored the employer's perspective too. Most employers, if reasonable and yours seems to be one, will cut you a decent slack as long as you are perceived as a hard and sincere worker. The key is to manage your boss' expectations. So if you can do that sitting in India (I hope you took your laptop along), you can try to log in and work from there and call in to meetings if that is how it is done at your company. Your boss might even agree to let you use your personal email account for work temporarily.

The reason for that long paragraph is this: USCIS vs your employer.

Who do you think is easier to deal with and is more transparent?

If you withdraw your passport, I am not sure whether they might stamp it with "Application Received", which is a euphemism for Visa Denied. I have one of those in my passport. You will continue to have to explain that all along till citizenship that you voluntarily withdrew your H1B application and goodness knows what the USCIS officer there will perceive it as!

I do not want to scare anyone. I just charted a very conservative course for my spouse and it finally worked. It may not work for all but I felt the need to provide you with a fresh idea here.
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  #19  
Old 07-22-2009, 02:27 PM
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Default

You can get the passport easily by telling some reasons. Because they are investigating for bio terrorism they might have checked all of your records and they already might aware that you will try to enter by AP and possibly they may inform to all the offices in USA and they could deny entry in POE. It is better to resolve the issue and come. Otherwise it may cause more issues than now. Assess the risk before taking any decision.

Quote:
Originally Posted by feedfront View Post
Thank you Rameshvaid. I appreciate your input and ping you for his contact #, in case I need it.
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  #20  
Old 07-22-2009, 04:40 PM
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Based on a near similar experience,

Here are things to note:

You will get your passport and documents shortly. If they can resolve the issue - they will give an H1 B stamp and send the entire document set back. If they process quickly they will send the passport and support documents and call for either a second interview or ask for resubmission of the documents once the process is reconciled.

I would advise that you wait for the reconcilation and inform your company that there is a delay and request support letters be faxed urgently to the US Consulate or Embassy along with your details. You should possibly take leave without pay or use all holidays that are accrued.

It is better to reconcile the differences and enter using the approved documents including H1 visa since you started the process - else you should have come back using the AP document without going thru the H1B stamp. The record will stay open and it will difficult to get future embassy approvals.

Best of luck - even though the wait can be stressful it will work out if all your documents are in order.
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  #21  
Old 08-01-2009, 01:11 PM
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feedfront has a spectacular aura about feedfront has a spectacular aura about feedfront has a spectacular aura about
Smile Thank you all.

I got my passport back w/o visa.

Luckly, I picked up the passport from VFS office, otherwise I wud had been in very hot soup, as VFS has screwed up delivery address (US street address with India's zip code).

Today, I entered US using AP w/o any issues. Thanks to all for suggestions.
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  #22  
Old 08-01-2009, 02:41 PM
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feed front how did you get your passport back - did you ask for it or they just returned it without visa.

Can you please clarify so that it is of use for future folks going for stamping...
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  #23  
Old 08-01-2009, 11:37 PM
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feedfront has a spectacular aura about feedfront has a spectacular aura about feedfront has a spectacular aura about
Default

I asked for the passport, "please return my passport while my case is under processing. i will submit it later for stamping when needed". Email was the only mode of communication.
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  #24  
Old 08-01-2009, 11:42 PM
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feedfront has a spectacular aura about feedfront has a spectacular aura about feedfront has a spectacular aura about
Default Use AP not H1b stamping if possible.

I will suggest folks to use AP if possible and avoid stamping process. They have some list (TAL) and they are putting all cases (for highly skilled people) under 'administrative process' for background check etc, which is taking weeks to complete.

You can always consult attorneys and check out forums before making decision. I did not had time to check forums and I was working for same employer and same position for last 7 yrs. This was 3rd time stamping for same employer/position and I was very much confident that nothing would happen to my case
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  #25  
Old 08-02-2009, 05:07 PM
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Default Happy to see you back..

Quote:
Originally Posted by feedfront View Post
I will suggest folks to use AP if possible and avoid stamping process. They have some list (TAL) and they are putting all cases (for highly skilled people) under 'administrative process' for background check etc, which is taking weeks to complete.

You can always consult attorneys and check out forums before making decision. I did not had time to check forums and I was working for same employer and same position for last 7 yrs. This was 3rd time stamping for same employer/position and I was very much confident that nothing would happen to my case
I was in the similar situation and mine was third stamping too..with the same employer and was stuck for two months in Montreal. I can feel how relieved you might be. God Bless and enjoy your stay again..but be prepared to get a call from them because your application is still pending with them. Try to get a'' the documents you need to support your case.. Good Luck..

RV
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  #26  
Old 08-10-2009, 08:02 AM
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Default Call from Consulate office

Hi,

I am back in USA on AP last week. Today, consulate office has made 3-4 calls to my relative and they were asking for my passport,so they can process my pending application. She informed them that I have left,Consulate office told how can he leave, we will take stern action against him. She suggested to contact me via email. Consulate officer told that I can't leave the country.

I have received an email from consulate office, Hyderbad as
"This is further to your application for non-immigrant visa.

Your application is pending under section 221(g) of the Immigration and Nationality Act for mandatory administrative processing. In order to process your case further, please send your passport and copy of I-797 through VFS at the earliest."

Gurus please advise what to do now..
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  #27  
Old 08-10-2009, 11:30 AM
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Take it easy. Nothing would happen, as you are back here you dont have to send your passport nor have to answer them. They will put your case in pending for sometime and probably remove from their list after certain period.
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  #28  
Old 08-10-2009, 12:23 PM
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Default I have sent u a PM.

Quote:
Originally Posted by feedfront View Post
Hi,

I am back in USA on AP last week. Today, consulate office has made 3-4 calls to my relative and they were asking for my passport,so they can process my pending application. She informed them that I have left,Consulate office told how can he leave, we will take stern action against him. She suggested to contact me via email. Consulate officer told that I can't leave the country.

I have received an email from consulate office, Hyderbad as
"This is further to your application for non-immigrant visa.

Your application is pending under section 221(g) of the Immigration and Nationality Act for mandatory administrative processing. In order to process your case further, please send your passport and copy of I-797 through VFS at the earliest."

Gurus please advise what to do now..
I have sent u a PM.

RV
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  #29  
Old 08-10-2009, 01:12 PM
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Default

Quote:
Originally Posted by feedfront View Post
Hi,

I am back in USA on AP last week. Today, consulate office has made 3-4 calls to my relative and they were asking for my passport,so they can process my pending application. She informed them that I have left,Consulate office told how can he leave, we will take stern action against him. She suggested to contact me via email. Consulate officer told that I can't leave the country.

I have received an email from consulate office, Hyderbad as
"This is further to your application for non-immigrant visa.

Your application is pending under section 221(g) of the Immigration and Nationality Act for mandatory administrative processing. In order to process your case further, please send your passport and copy of I-797 through VFS at the earliest."

Gurus please advise what to do now..
Best option: Forward the info to your attorney. Have your attorney asnwer them on your behalf and they will come to their senses!

Good Luck.
__________________
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
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  #30  
Old 08-10-2009, 08:03 PM
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Default Fyi

My attorney suggests to ignore all commnucations from consular office. He says that it's wastage of time to consider what-if scenarios and find soultions.

He suggests that if I want to be courteous, I can contact the consulate and say that I wish to withdraw H-1B visa application. However, this is not required and since employees of the consulate are not likely to be as courteous, he suggests I can ignore their queries if I like.

He also advises not to apply again for a nonimmigrant visa, and to only use Advance Parole for reentry to the U.S.

Spread the message not to apply for H1b visa, if one has AP.
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