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  #1  
Old 09-15-2009, 10:07 PM
zuhail zuhail is offline
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Default Administrative Processing and visa non-issuance under Section 221 (g)

Hi,
My H1B visa application at Chennai Consulate ran into additional administrative processing requirements. I was given a pink slip stating that the visa cannot be issued until then under Section 221(g). My I-485 application has been pending since Aug 2007 and this is a regular H1B extension petition. ( In hindsight I wonder if I should not have applied for a visa at all and used my Advanced Parole to return-- only the lawyer was recommending to maintain a valid H1B if possible without much difficulty).

I have gotten the H1B stamping at Chennai Consulate for the same employer few years back. Not sure why they would require more processing now. I gave all the information requested by the interviewing visa officer and I had almost all documents in hand starting from I20, tax returns for the past 10 years, bank statements, experience letters etc etc. But were not asked for.

Does anybody know of any way of speeding up this additional administrative processing?
Can anything be done other than waiting for the passport in the mail?

Does anybody know what is being done in the name of additional administrative processing?

Thanks.

Last edited by zuhail; 09-15-2009 at 10:11 PM.
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  #2  
Old 09-15-2009, 10:19 PM
rameshvaid rameshvaid is offline
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Default Good Luck...

Quote:
Originally Posted by zuhail View Post
Hi,
My H1B visa application at Chennai Consulate ran into additional administrative processing requirements. I was given a pink slip stating that the visa cannot be issued until then under Section 221(g). My I-485 application has been pending since Aug 2007 and this is a regular H1B extension petition. ( In hindsight I wonder if I should not have applied for a visa at all and used my Advanced Parole to return-- only the lawyer was recommending to maintain a valid H1B if possible without much difficulty).

I have gotten the H1B stamping at Chennai Consulate for the same employer few years back. Not sure why they would require more processing now. I gave all the information requested by the interviewing visa officer and I had almost all documents in hand starting from I20, tax returns for the past 10 years, bank statements, experience letters etc etc. But were not asked for.

Does anybody know of any way of speeding up this additional administrative processing?
Can anything be done other than waiting for the passport in the mail?

Does anybody know what is being done in the name of additional administrative processing?

Thanks.
As long as your company is legitimate and in existance, You will be just fine it is a matter of time. Same thing happened to me and my family last year in Montreal and it tooks 55 days to get our passports back..

Yes, you are right, u should have used AP but the lawyers want to make more money and always advise for H1 and same thing was advised to me..

You can search my thread "Stuck in Montreal" and will know what pain I have gone through.

Just sit tight and hope your company understands the same. If possible have your attorney send them letters every week through AILA and ask/provide them any and all info. they need. This might work in your favor. My attorney used to send them letters every week and I am sure this did work foe me.

Good Luck..

RV
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  #3  
Old 09-15-2009, 11:08 PM
snathan snathan is offline
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Default

Quote:
Originally Posted by zuhail View Post
Hi,
My H1B visa application at Chennai Consulate ran into additional administrative processing requirements. I was given a pink slip stating that the visa cannot be issued until then under Section 221(g). My I-485 application has been pending since Aug 2007 and this is a regular H1B extension petition. ( In hindsight I wonder if I should not have applied for a visa at all and used my Advanced Parole to return-- only the lawyer was recommending to maintain a valid H1B if possible without much difficulty).

I have gotten the H1B stamping at Chennai Consulate for the same employer few years back. Not sure why they would require more processing now. I gave all the information requested by the interviewing visa officer and I had almost all documents in hand starting from I20, tax returns for the past 10 years, bank statements, experience letters etc etc. But were not asked for.

Does anybody know of any way of speeding up this additional administrative processing?
Can anything be done other than waiting for the passport in the mail?

Does anybody know what is being done in the name of additional administrative processing?

Thanks.
Please contact ivcoordinator@gmail.com and provide your details. We need your information to present it to the USCIS/DHS officials...
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  #4  
Old 09-16-2009, 10:49 PM
zuhail zuhail is offline
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Default Withdrawing the application and passport?

Hello,
Thanks RV and Snathan for the information.
I had also emailed the ivcoordinator@gmail.com with my case number.
I have also conveyed the news to my employer, but haven't heard anything from them yet.
Starting from the post office holding my mail to issues at office, there are too many problems that I have to address in 4 or 5 weeks time.

I am thinking of emailing the Consulate office to withdraw my visa application and passport
and enter the US through my AP. I do not think that I can wait in India for 12 weeks or more. Has anybody done this before and would this create any new issue?

Thanks.
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  #5  
Old 09-16-2009, 11:09 PM
rameshvaid rameshvaid is offline
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Default Yes.. u can travel on AP

Quote:
Originally Posted by zuhail View Post
Hello,
Thanks RV and Snathan for the information.
I had also emailed the ivcoordinator@gmail.com with my case number.
I have also conveyed the news to my employer, but haven't heard anything from them yet.
Starting from the post office holding my mail to issues at office, there are too many problems that I have to address in 4 or 5 weeks time.

I am thinking of emailing the Consulate office to withdraw my visa application and passport
and enter the US through my AP. I do not think that I can wait in India for 12 weeks or more. Has anybody done this before and would this create any new issue?

Thanks.
Get the passport, Travel on AP and once here send them e-mail or withdraw the application. I know few people have done this in the past..AP is the best option if your employer is not going to wait..No one can feel your pain better than me..I have been this route and know how frustrating this could be..

Good Luck..
RV
RV
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  #6  
Old 09-17-2009, 12:42 PM
sreeni78 sreeni78 is offline
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Default Job or employer related??

If I may ask,what kind of work do you do?Which company do your work for? Does that have anything to do with this administrative processing?
I am going for visa extension stamping to Chennai in October and wanted to know.
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  #7  
Old 09-17-2009, 02:02 PM
zuhail zuhail is offline
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Default info

I am not entirely sure how much role the job/employer plays in this issue.

I think that if your skills/job profile is not a generic one like IT/software
and if it can be used in sensitive areas like military/defence,
your visa application might require this additional processing-- this is just a guess, I have no idea.
If you send you email address, I will email you some info about my job profile.

Sri.
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  #8  
Old 09-17-2009, 04:10 PM
feedfront feedfront is offline
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Default Good Luck

Quote:
Originally Posted by zuhail View Post
Hello,
Thanks RV and Snathan for the information.
I had also emailed the ivcoordinator@gmail.com with my case number.
I have also conveyed the news to my employer, but haven't heard anything from them yet.
Starting from the post office holding my mail to issues at office, there are too many problems that I have to address in 4 or 5 weeks time.

I am thinking of emailing the Consulate office to withdraw my visa application and passport
and enter the US through my AP. I do not think that I can wait in India for 12 weeks or more. Has anybody done this before and would this create any new issue?

Thanks.
My case was also stuck in the administrative processing. My attorney suggested to ask for passport. I asked consulate to return my passport, but I did not withraw my application. They returned my passport and I used AP to enter USA. My case is still with consulate office and they are asking my passport back. My attorney suggested to ignore their mails.

You dont have to give any reason why you want your passport back. I had written an email to consulate office to return my passport while my case is under administrative processing.

It takes really long time weeks before you will get visa and in this job-market it is hard to stay away from work for long.

You can search my info under thread 'Urgent help needed stuck in india'.
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  #9  
Old 09-17-2009, 04:17 PM
feedfront feedfront is offline
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Default Tal

Quote:
Originally Posted by sreeni78 View Post
If I may ask,what kind of work do you do?Which company do your work for? Does that have anything to do with this administrative processing?
I am going for visa extension stamping to Chennai in October and wanted to know.
Yes, administrative processing is something related to job as well as employee's profle. Consulate office has TAL (techonoly alert list) where they had mentioned any job/person having advanced degree/experience in the field of research that can pose threat to national security will go thru extra check. (Source: facebook, some other news sites MurthyDotCom : Technology Alert List Screening Includes Indian Nationals )
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  #10  
Old 09-17-2009, 11:45 PM
zuhail zuhail is offline
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Default Is EAD needed to be shown at the POE when using AP

Hello,
Thanks everybody for the replies and the information.

Could you please let me know if I need to produce the EAD card when entering the US through AP, at the Port of Entry?
I now have my original I-797 with a valid H1B and a valid AP (only my passport is with the Consulate office).
But unfortunately I left my valid EAD card at my home in US.

Could not being able to produce a valid EAD create problem when entering through AP?

Thanks.
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  #11  
Old 09-18-2009, 01:15 AM
rameshvaid rameshvaid is offline
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Default U r fine without EAD

Quote:
Originally Posted by zuhail View Post
Hello,
Thanks everybody for the replies and the information.

Could you please let me know if I need to produce the EAD card when entering the US through AP, at the Port of Entry?
I now have my original I-797 with a valid H1B and a valid AP (only my passport is with the Consulate office).
But unfortunately I left my valid EAD card at my home in US.

Could not being able to produce a valid EAD create problem when entering through AP?

Thanks.
You will be OK without EAD. EAD is a back up for H1, just in case u need to use it and has nothing to do with or at POE..

You will be just fine with AP and other job related docs.

RV
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  #12  
Old 09-18-2009, 04:21 AM
feedfront feedfront is offline
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Default EAD is not neede @POE

Quote:
Originally Posted by rameshvaid View Post
You will be OK without EAD. EAD is a back up for H1, just in case u need to use it and has nothing to do with or at POE..

You will be just fine with AP and other job related docs.

RV
rameshvaid is right. You dont need EAD. Just AP is enough. I was not carry'g my EAD. Good luck.
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  #13  
Old 09-18-2009, 04:50 AM
inskrish inskrish is offline
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Default

Quote:
Originally Posted by zuhail View Post
Hi,
( In hindsight I wonder if I should not have applied for a visa at all and used my Advanced Parole to return-- only the lawyer was recommending to maintain a valid H1B if possible without much difficulty).

Thanks.
Hi,

Your lawer is clueless, and has misled you. Using AP will never affect your H1B. You should have returned back to USA with AP.
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09/09/2008: Name Check is clear.( Info from Senator's office)
09/01/09: Received I-485 CPO email
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  #14  
Old 09-18-2009, 04:14 PM
feedfront feedfront is offline
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Default Your attorney was wrong

Using AP does not invalid your H1-B status. Next time you apply for H1-B extension you automatically come back on H1-B from paroled status (that's what my attorney told). Yeah during paroled time probably you may not switch to different employer on H1-B.

I did not ask my attorney before leaving for India about H1b stamping as I had to travel immediately. He told me later (after I got stuck in admin processing) that he would not had suggested to go for stamping.
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  #15  
Old 01-01-2010, 06:25 PM
gc750 gc750 is offline
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Default Getting Visa stamped after traveling on AP

As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is getting delayed due to additional admin processing.

One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?

Has anyone gone through this approach and tried getting the stamping after the consulate has requested to send the Passport back.

Anyone please share your experience
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