Case not sent to USCIS

[svikram12]

Hi All,

During my visa stamping interview VO told me that visa is rejected and they are sending back petition to USCIS, now I have couple of questions.

1) when Consulate says that they will send back to USCIS, do they keep something from us, like approval notice,LCA etc etc..

2) in my case he did not take anything from me, all the documents are with me. So what will they send in this case.

3) I asked VFS about my case and they replied back that they are sending it back soon. I appeared for the interview in Dec 2011. How soon they are supposed to send it back. How can I push that.

Please advice.

Thanks

[hmaster]

You can't push anything. If a case is sent back it takes approximately 2-3weeks for USCIS to receive it. Anywhere from 4-6 months min, USCIS would take to even look at the case and review. They either reaffirm or send NOIR to your employer. Once your employer responds to their NOIR they either reaffirm or revoke.

Not much in your control from this point onwards. There are others in a similar situation like yourself. You can read several cases here that talk more on this optic and possible options for you.

[svikram12]

You can't push anything. If a case is sent back it takes approximately 2-3weeks for USCIS to receive it. Anywhere from 4-6 months min, USCIS would take to even look at the case and review. They either reaffirm or send NOIR to your employer. Once your employer responds to their NOIR they either reaffirm or revoke.

Not much in your control from this point onwards. There are others in a similar situation like yourself. You can read several cases here that talk more on this optic and possible options for you.

My question was what document they are going to send, as per my knowledge they were supposed to keep my original approval notice I797.

and Its been 2 months already and they haven't sent it back.

[hmaster]

If they don't keep your original, they either send a photocopy, or just an electronic copy of it. The I797 original copy is immaterial to them. I save seen several cases where they returned all documents, and then just replied saying that we have sent your petition or case back to USCIS.

If they have returned your petition, I would suggest - while you are waiting for the outcome, try and apply for a fresh h1 thru a different employer as well.

[arjunmca]

@svikram12

Do you have your I-797 with you? If it is with you, it means your case did not sent back to USCIS.

[svikram12]

@svikram12

Do you have your I-797 with you? If it is with you, it means your case did not sent back to USCIS.

Yes it is with me. When I asked VFS people, they checked with embassy and they replied back that the case is with them and will send to USCIS soon.

I don't believe them.

Not sure how to push it forward now.

[whywhe]

@svikram12

Do you have your I-797 with you? If it is with you, it means your case did not sent back to USCIS.

During the intw,I clearly asked the VO if they need my original and he returned it back saying they have a copy.I have been enquiring if the case is sent to USCIS and no response ! :-(

[livingwater]

I beg to differ Arjun, It does not matter if you have your I 797 or not. If they indicate that it has been sent back they will send it back . It may take upto 4 months to actually send petition back to USCIS. This is the way they abuse the system ,Consul officers intentionally delays the processing, My I797 is with me and my case was sent back to USCIS

[VisaBlues]

@hmaster ,arjunmca

can you please confirm if this is correct that they wouldn't need the original documentation,I was issued 221g blue at Chennai and returned back all my documents with AAP ticked .

[hmaster]

same as with many other people. They really don't care about that piece of paper. All have all your data including your petition on PIMS. Whenever they have to they just send your petition. Again - sending your petition doesn't mean that they need to send the original i797, believe me that can go ahead without that. @livingwater is correct above.

[arjunmca]

Hi All please suggest me.

My visa was rejected and petition sent back to USCIS. I dont want to wait till it affirms, so i would like to file a new petition.

But i didn't take a copy of i-797 when i went for stamping. My employer also not having that copy and he is not helping me to get it back by applying I-824 form for requesting a duplicate petition

I dont want to come under cap. All i have is old petition number EACxxxxxx. Can my new employer apply with only petition number for not coming under cap or we must submit the copy old I-797. Please help me.