Endless Administrative processing - H1b Stamping interview at Mumbai

[mywike]

I went for my H1b visa stamping interview at Mumbai consulate on October 12, 2018. The visa officer asked me regular questions about my employer, the end client, about the project and my yearly salary and handed me green slip for 221(g) with the chechbox "your application requires additional admin processing". He kept my passports with him and told me that they will get back to me via email if they need anything. After 7-10 days I got my passports back without the visa stamp but with another green slip 221(g) like the one I received during my interview.

 On CEAC website the status shows administrative processing and the last updated date is October 12, 2018 which was my interview date. That means there is no update in the case status. It has been more than 4 months without any updates from the consulate. This doesn't seem normal to me that they haven't gotten back to me with any further request for documents, neither have they contacted my employer nor the end client.

I made several attempts to get the update on this case myself, via my employer and attorney as well as sent two congressional inquiries from local senator and a congressman but we all receive the reply that they can't give us any update before the admin processing is complete and I need to wait for them to get back to us.

In one of the experiences of another forum I read that it is possible to fill the fresh DS-160, file the new visa application, pay the visa fees and take the visa appointment for the same case which is still pending in admin. processing and go for the re-interview. In the fresh DS-160 you can explain about the existing case which is stuck in 221(g) admin processing and may be you can face the interview and explain the visa office about it but I am not sure if it is advisable.

My attorney says that she would not advise for this as it may seriously jeopardize the chances to get the case resolved as it may offend the visa officer and they may not take this as a nice step on our part and can even deny the case on the spot. Any ideas on taking the shot at the second interview?

[shekar11#]

On 2/17/2019 at 10:07 AM, mywike said:

I went for my H1b visa stamping interview at Mumbai consulate on October 12, 2018. The visa officer asked me regular questions about my employer, the end client, about the project and my yearly salary and handed me green slip for 221(g) with the chechbox "your application requires additional admin processing". He kept my passports with him and told me that they will get back to me via email if they need anything. After 7-10 days I got my passports back without the visa stamp but with another green slip 221(g) like the one I received during my interview.

 On CEAC website the status shows administrative processing and the last updated date is October 12, 2018 which was my interview date. That means there is no update in the case status. It has been more than 4 months without any updates from the consulate. This doesn't seem normal to me that they haven't gotten back to me with any further request for documents, neither have they contacted my employer nor the end client.

I made several attempts to get the update on this case myself, via my employer and attorney as well as sent two congressional inquiries from local senator and a congressman but we all receive the reply that they can't give us any update before the admin processing is complete and I need to wait for them to get back to us.

In one of the experiences of another forum I read that it is possible to fill the fresh DS-160, file the new visa application, pay the visa fees and take the visa appointment for the same case which is still pending in admin. processing and go for the re-interview. In the fresh DS-160 you can explain about the existing case which is stuck in 221(g) admin processing and may be you can face the interview and explain the visa office about it but I am not sure if it is advisable.

My attorney says that she would not advise for this as it may seriously jeopardize the chances to get the case resolved as it may offend the visa officer and they may not take this as a nice step on our part and can even deny the case on the spot. Any ideas on taking the shot at the second interview?

Your attorney is right. Waiting is the only option.

[Provence]

Why would you overrule a paid attorney's advice compared to a public forum's? 

AP lasts as long as it lasts; no amount of congressional inquiries or re-interviews would hasten an AP. 

[luck2u]

@mywike: Not to scare you, there are few people in this forum waiting for morethan 6 months who got admin processing in India. Moreover, there is no way of getting it faster i.e., employer, attorney, congressman, senator, etc. Most of the attorneys don't advise to attend for visa again by paying fee and filling DS-160 while one case is under admin processing. When you attend again, your visa decision can be anything either approval or admin processing again. If it is admin processing again, your clock starts from that day again and will be wasted all the time on current case. This is what I got to know. Even I got stuck in Mexico last month on admin processing which is on employer verification but I'm glad I could make it within 2.5 weeks.

I know though it is tough to take, all we need to do wait wait wait, sorry for this. Good Luck!

[xTDx]

- The only option is to wait.

- To have some answers, try to think of why your case in under long AP. USually APs with straightforward cases(no criminal record, FT position , Grade A i.e well known employer etc) get resolved in 2-4 weeks.

         - Is your employer a desi consultancy ? 

         - Are multiple vendors and layers exists between your employer and the end client.

         - Has any verification been done by DHS with your employer and end client?

         - Do you think any fraud is involved ?

         - What about criminal records ?

If you can think and say yes to one of these, you know the answer to why AP is taking long time. It is highly probable that the consulate requested lengthy verification on your petition. With USCIS current timelines, it may even take longer. 

Have a plan B.

 

 

[Provence]

Typically a Plan B should be to work in India, assuming an applicant is an Indian citizen with authorization to work there without conditions. Why don't folks want to work in India which has a multitude of jobs? 

[mywike]

Here are all the updates for my case.

October 12, 2018 - Visa interview at Mumbai consulate. got a green slip for 221(g). passport was kept.

October 30, 2018 - Got the passport back with one more 221(g) green slip in it/no visa stamp.

Multiple follow ups yielded standard reply. Emails from senator and congressman also got standard replies.

March 14, 2019 - 2 DHS officers visited my client's office and employer's office for verification. 
March 20, 2019 - DHS officer sent my employer email asking more questions to which he replied immediately. and after that there was no update.
April 15, 2019 - Got an email to submit the passport, copy of my I797 and 221g receipt.
April 16, 2019 - Submitted the passport with copy of I797 and 221g receipt.
April 17, 2019 - Case status updated for the first time in 6 months.
April 22, 2019 - CEAC status changed to ISSUED. 
April 24, 2019 - Collected the passport with visa stamp.

[xTDx]

6 hours ago, mywike said:

Here are all the updates for my case.

October 12, 2018 - Visa interview at Mumbai consulate. got a green slip for 221(g). passport was kept.

October 30, 2018 - Got the passport back with one more 221(g) green slip in it/no visa stamp.

Multiple follow ups yielded standard reply. Emails from senator and congressman also got standard replies.

March 14, 2019 - 2 DHS officers visited my client's office and employer's office for verification. 
March 20, 2019 - DHS officer sent my employer email asking more questions to which he replied immediately. and after that there was no update.
April 15, 2019 - Got an email to submit the passport, copy of my I797 and 221g receipt.
April 16, 2019 - Submitted the passport with copy of I797 and 221g receipt.
April 17, 2019 - Case status updated for the first time in 6 months.
April 22, 2019 - CEAC status changed to ISSUED. 
April 24, 2019 - Collected the passport with visa stamp.

Thanks for the update and good luck.