221g Additional Administrative Processing

[jesurajan]

Hi All,

I have attended H1B Interview @ Chennai on 18-Nov-2011.

VO asked for additional docs, I need to submit those documents at VFS chennai

I called my Employer and asked for additional documents from th employer like Wage reports and Tax returns of the company and USCIS form, and submitted @ VFS Chennai on 28-Nov-2011.

After 4 months, on 28-Mar-2012, I received an email from VFS to submit my passport to nearest VFS for further processing. Based on that mail, I have submitted my passport on 29-Mar-2012.

Now it is almost 50 days completed after submitting the document. There is no updates from consulate/VFS. When i asked about it to VFS they said my case is under additional administrative processing.

could some one let me know, Why they are taking so much time after the first level of administrative processing and also what are the chances of getting visa

Thanks

rajan12345

[wiweq]

6 months for administrative processing! I wonder why didn’t they do all those processings before approving the H1b. If the employer is crooked/ black listed they shouldn’t have approved the visa at the first place. A person can work on H1b with approved H1b, but the same person looks like criminal when goes for stamping!! Isn’t better to stop the H1b program for a while if they don’t want to issue visas?

Back to the case, because they have asked you to submit your passport, it looks like you will get the visa stamped.

[LonelyMe]

you can request your employer > immigration lawyer who filed your h1b or who supports all this matter, to email to the embassy in concern, with your passport number, H1b petition number, full name, and try to get more info on case. They can state that its been long, and the documents were submitted, followed with the passport as per request......

[jesurajan]

@ wiweq

Thanks for your reply. I am getting some confidence after seeing your reply.

[mk2245]

@wiweq

I totally agree with you.....they are ruining the careers of innocent people...Mine is a similar case but the only difference is that they retained my passport at the time of the interview....which was 4 months back....and no updates on my case yet...I am on the verge of losing my precious job...admin processing sucks dude....As you said, they should stop approving H-1b visas at the USCIS itself, if they do not want to stamp those visas outside the US.

[wiweq]

"I totally agree with you.....they are ruining the careers of innocent people..."

Some people/ companies played the system and now we all have to pay for that. Search for "John palmer vs Infosys". Sending coders on B1 visa, charging H1b fees from employees, not paying to H1b employees, playing tricks with IRS are some of those.

[H1b221Ghelp]

@Rajan12345, Did you get your passport with visa?

I'm in the same situation.

Interview date: 13th Jan, 2012.

I received a mail from Chennai consulate on Apr 30th with a blue form asking to submit passport for visa.

I have submitted my passport on may 1st. But still now haven't received it yet. Vfs passport status says "your passport is in process at US consulate"

Its been 20 days. Does it take such long time? Any one faced same situation waiting for their passport?

[jesurajan]

@H1b221GHelp,

No Updates on the status. Still waiting.

[H1b221Ghelp]

@Rajan12345,

I think we are the only one's waiting this long after submitting the passport for visa.

Don't know whats going on with my application.

[jesurajan]

@H1b221GHelp,

I got my passport with Visa Stamped. You will also get soon.

[preetlily]

I had appeared for H1 B interview on March 7th 2012 in New Delhi. The VO office gave me a 221G green slip and asked me to submit the contract between end client and employer. She kept my passport, I129, LCA, I797 and my client letter with her. I submitted the contract on March 12th. I received an email on March 16th from VFS along with the attachment to submit the following documents:

Complete COPY OF ALL I-797, I-129 petition, Labor Condition Application, and Cover Letter submitted to DHS with the petition application.

Petitioner’s federal tax returns for the last two (2) years

State unemployment wage reports

A complete set of forms filed quarterly with state authorities for the last four (4) quarters listing wages paid to each employee for all states where employees worked. (NOT payroll reports or quarterly tax returns).

I submitted all the required documents on March 28th, 2012.

I sent an email to VFS to check the status of my case and I got a reply from them on May 3rd stating that ”

As per the US Embassy please note application is still pending the submission of requested documents, please submit the documents as per the mail sent to you on March 16, 2012.”

I went to VFS on May 4th and showed them the receipt of all the submitted documents. But the documents didnt reach the consulate. I was so bummed. I spoke to the manager and she said she will look into it. But they never accept their fault.

I already waited for almost one and a half month thinking that they are processing my case. This is so ridiculous. They are not at all serious with this stuff.

I resubmitted the documents on May 4th again and emailed the consulate stating that I submitted the documents twice.

Is there a way that I can find out whether my documents are with the consulate or not?

Also I tried contacting the VFS customer service,and turns out VFS has three departments: The telephone department, the email department and the customer care department.

So when I called(telephone department) them to check the status, every time they told me that they have the documents, till the day I received an email from them (email department)which said that the documents are not with the Embassy.

And the customer care people told me that they are not sure why the documents haven’t reached. They will have to do a physical check for the documents, but just in case I should submit another copy as well.

All three departments have a different story.

It is a black hole. I don’t know what to do.

[jesurajan]

@Preetlily,

Better you call Consulate directly whether they received all the submitted documents through VFS.

http://newdelhi.usembassy.gov/contact.html

Regards,

Jesurajan

[wiweq]

"And the customer care people told me that they are not sure why the documents haven’t reached. They will have to do a physical check for the documents, but just in case I should submit another copy as well."

=> Don't wait till they search your documents. Send them again asap. Copies should also work, ask them. ATB.

[H1b221Ghelp]

@rajan12345,

Congrats for your visa.

When did you get your passport with visa? How many days it took from the day you submitted your passport?

I'm still waiting, its been a month. Wondering what could be the delay??

[preetlily]

@Preetlily,

Better you call Consulate directly whether they received all the submitted documents through VFS.

http://newdelhi.usem...ov/contact.html

Regards,

Jesurajan

"And the customer care people told me that they are not sure why the documents haven’t reached. They will have to do a physical check for the documents, but just in case I should submit another copy as well."

=> Don't wait till they search your documents. Send them again asap. Copies should also work, ask them. ATB.

I contacted the consulate, but they said that entire correspondence is handles by VFS, we will not entertain you .

Also, I submitted a copy of all the documents again.

But now my submission date would be considered 4th May, instead of 28th March. VFS people are highly careless.

[preetlily]

Hello All,

I received this email today

"As per the US Embassy your case has been returned to the Kentucky Consular Center in the United States. You may contact the USCIS office for further information. "

What should be done in this case?

Please help.

[akomarag]

I am going through the same pain of administrative processing. I had my interview on the 5th of July 2012 at the Hyderabad consulate and was asked to submit a client letter and an itinerary of my job duties, which I did the very next day along with my passport at the VFS office. On the 9th of July, I got my passport back with the same 221g form stating that my case is under administrative processing. I was really hoping that it wouldn’t take that long because I thought my case was pretty straight forward, but after reading online about 221g and it’s wait times, I am kind of starting to get worried.

If it takes as long as it’s taken for most of you, I am not sure if my company, being a small company, will be able to retain me for that long. Even if my parent company does, why will the client that I’m working at, wait for that long? My guess is they’ll request my company to send an alternative to replace me.

My concern is what happens to my case, if my parent company decides to not retain me after a month or so before I hear anything back from the consulate? My green card is also with the same company and is in the final stage waiting for the date to become current. What happens to that and what are my options? Can someone please advise?

Thanks,

[Frustated221GGreen]

I had my interveiw at chennai consulate on 04 - Sep -2012. Mine is a small desi employer from US. EC model.. I was interviewed by VO for 3 minutes. Then I was taken to another counter where I was questioned for around an hour. Right from my education qualtification, experience, job with US employer etc.. all of it were recorded. Then I was given a SWORN statement and I had to sign it with all the details I told them. Then I was given 221G green form with no additional documents requested, Since all documents were in there already. Passport was returned back.. Just hoping for the best. Did anybody gone through similar experience? My case is a genuine case where I have attended interview around Jan 2012 and my US employer selected me and rolled out the offer.

@rajan12345

Congrats for your VISA. Is your's an inhouse project or client side? Is it your first h1B Visa?

[preetlily]

The USCIS has sent a notice indicating the intent to revoke. In the notice they have mentioned that I didn't establish proper employer employee relationship and they have asked for a list of documents to prove the relationship. My employer thinks that there is very low chance of approval. My employer is suggesting me to withdraw the case and file a new H1B with another employer.

What do you think should be done?

What is the downside of submitting the documents?

Please help me with this issue. Anyone who has had similar experience, please share. I have limited time as I have to respond to the notice.

Thank you so much for your help.

[wiweq]

The USCIS has sent a notice indicating the intent to revoke. In the notice they have mentioned that I didn't establish proper employer employee relationship and they have asked for a list of documents to prove the relationship. My employer thinks that there is very low chance of approval. My employer is suggesting me to withdraw the case and file a new H1B with another employer.

What do you think should be done?

What is the downside of submitting the documents?

Please help me with this issue. Anyone who has had similar experience, please share. I have limited time as I have to respond to the notice.

Thank you so much for your help.

=> In many posts I have suggested that USICS doesn't likes EVC model or multiple layers between employer and employee (Memorandum). These two employment models don’t fit with H1b requirements. GC holders and USCs are good to go with these models.

I'll recommend you to look for permanent/ Fulltime job. All the best.

[preetlily]

Thank you so much for your help.

So is withdrawing H1b the best option?

And if I withdraw H1b now, and re-file it with a new employer, will it be considered as new h1b or will it be considered as cap exempt?

[rahul412]

Thank you so much for your help.

So is withdrawing H1b the best option?

And if I withdraw H1b now, and re-file it with a new employer, will it be considered as new h1b or will it be considered as cap exempt?

Your previous H1 was approved so your next petition will be considered as cap exempt.

[preetlily]

Your previous H1 was approved so your next petition will be considered as cap exempt.

@wiweq and @rahul412

Thank you so much

I was under the impression that if withdrawal is put up for a case, then it is completely nullified. And I will have to file for a fresh H1.

Please clear my doubts regarding this.

[rahul412]

@wiweq and @rahul412

Thank you so much

I was under the impression that if withdrawal is put up for a case, then it is completely nullified. And I will have to file for a fresh H1.

Please clear my doubts regarding this.

I think it's better if you consult some good immigration attorney, so that you can get answers at one shot.

[haveacigar100]

Do you think that change of address could be a problem here.

When I filed DS-160 I put the address thinking that I will go back to Ontario State as I was in a different state at that time for a visit to a friend. But then I ended up staying. I never moved back. Consulate doesn't know my current location. Should I let them know if this is a problem. Do they also do investigation in Canada? Please advise if someone has any idea on this.

It has already been 7 weeks of waiting