Need suggestion - Passport returned, H1 Refused for further review, Can I go back to US?

NIVApplicant

By NIVApplicant,
in H1B : Visa Stamp

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NIVApplicant Member

NIVApplicant

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I have a PhD in Chemistry from an US University & current work at a well known Research Institute in USA in the area of medical chemistry/drug development. I went from F1 to H1-B within USA. I had a valid I-129. I went to Consulate in Toronto to get the visa stamp.

The outcome was : "nonimmigrant visa (NIV) has been refused under section 221g of the Immigration and Nationality Act, as amended, (INA) for further review by the U.S. government (USG)". 

They asked for my CV & research summery.

After 4 days I recieve my passport, with no visa stamp. ALso recieved a letter stating that the application is under review which takes about 6-8 weeks.

 

Will I be able to return to USA? I have a valid I-129, which should be  automatically revalidated while crossing the border by road. Please suggest.

 

 

 

 

 

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jairichi Advanced Member

jairichi

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I have a PhD in Chemistry from an US University & current work at a well known Research Institute in USA in the area of medical chemistry/drug development. I went from F1 to H1-B within USA. I had a valid I-129. I went to Consulate in Toronto to get the visa stamp.

The outcome was : "nonimmigrant visa (NIV) has been refused under section 221g of the Immigration and Nationality Act, as amended, (INA) for further review by the U.S. government (USG)". 

They asked for my CV & research summery.

After 4 days I recieve my passport, with no visa stamp. ALso recieved a letter stating that the application is under review which takes about 6-8 weeks.

 

Will I be able to return to USA? I have a valid I-129, which should be  automatically revalidated while crossing the border by road. Please suggest.

On what visa are you planning to enter? You just have to wait in Toronto or fly back to your home country.

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rahul412 Advanced Member

rahul412

Posted
Posted

Will I be able to return to USA? I have a valid I-129, which should be  automatically revalidated while crossing the border by road. Please suggest.

Based on what visa you are planning to enter??

Your case might be under TAL, so wait for some time to get your H1.

AVR doesn't work if your current visa in under pending status

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mbottawa Newbie

mbottawa

Posted
Posted

Hi,

 

You cannot enter USA if you do not have valid VISA.

And your case is under further review that does not mean that your  VISA is denied.Its just refused that's normal.

The reason they have returned your passport is because they said it may take few weeks so they do not want to stop you from travelling.

So my suggestion is if you have valid VISA please go back to USA and continue your work and wait for there response

But if you do not have valid VISA then go back to your home country and wait for the response from Embassy.

Eventually you will get the VISA.

 

Thanks

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cukegene Advanced Member

cukegene

Posted
Posted

I am in similar situation. I am waiting since October 2. I also have PhD in plant genetics and have been working in US for almost 5 yrs after getting my PhD from US.

Best to just wait for email from consulate or you can go back to India and come back when you get an email from consulate of your 221g clearance.

 

Its unfortunate but we do not have any other option.

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Gangavas Advanced Member

Gangavas

Posted
Posted

Hi guys,

 

I am in similar situation. I had my interview on Sep 25th. I am bachelors in Biotechnology and Masters in Cell and Molecular Biology. I was given 221g Blue in Ottawa.  Its been 2 weeks 2 days, I have no update or email from consulate. Do anyone of you know how much time does it take typically? 

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jairichi Advanced Member

jairichi

Posted
Posted

Please do not tell me you have not asked your supervisor for help, yet. Get on it right away.

Supervisor cannot help. When I had my H1B visa interview and was put on administrative processing my PI, H1B advisors and  international office (for researchers) from my university said they cannot do anything with visa process. 

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jairichi Advanced Member

jairichi

Posted
Posted

Each case is unique. The meaning of the post was to make sure he informed his place of work as one needs to and should. It is certainly true that the NCI carries clout.

Whatever. I had friends from NCI who had to wait for administrative processing to be over and I also have friends in NIH who had the same experience as their office said they could not do anything with visa issues.

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Gangavas Advanced Member

Gangavas

Posted
Posted

As far as I know, for researchers administrative processing is a matter of getting security clearance. Ideally it would take a month in India. I had gone through it twice. And, in both times I got my visa approved in 30 days from the date of visa interview.

Hey Buddy, So when was this? I mean when was your Visa Interview in India? I was just wondering if its in recent times.

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jairichi Advanced Member

jairichi

Posted
Posted

No, My I-94 is with me they took my approved I-129 but they returned my passport.

That is interesting. I am not sure whether you can come back with your I94 based on AVR. If yes, it would be good as you re-enter US and can travel  to Canada for visa stamping once visa is approved. Talk to an attorney or wait for specific inputs on this scenario.

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NIVApplicant Member

NIVApplicant

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Guys Any update on your 221(g) ?? No update on my side, its already 3 and half weeks. Only good news is that the US is reopened.  

Application ID or Case Number: XXXXXXXXXX Case Creation Date: 30-Sep-2013 Status Updated Date: 16-Oct-2013    

Your visa case is currently undergoing necessary administrative processing. This processing can take several weeks, or longer. As explained on the day of your interview, if further information is needed, you will be contacted. If your visa application is approved when administrative processing is finished, you will receive notification to collect the passport with the visa from the Loomis branch you selected when you booked your appointment.

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NIVApplicant Member

NIVApplicant

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This is what I got when our boss contacted :

 

"I searched the consular database of the U.S. Consulate in Toronto, and found that the non-immigrant visa application of Dr. X is undergoing legally mandated administrative processing in order to verify his qualifications for this visa.  Administrative processing often lasts about 90 days, but in some instances, it can take several months longer.

We realize that these extended time periods cause frustration to many individuals, and we are sensitive to the fact that the purpose of the non-immigrant visa program is to facilitate legitimate travel to the United States.  Nonetheless, the U.S. Consulate in Toronto, like all U.S. Embassies and Consulates, must adjudicate visas in accordance with the provisions of the law, and, in some cases, this involves extensive administrative processing.  While we cannot predict when the processing of the visa application of Dr. X will be completed, please be assured that the Consulate and the Department of State are aware of his concerns.  We will do all we can to see that the visa is adjudicated as soon as his qualifications have been verified.

I hope this information is helpful, and we regret that our response cannot be more substantive at this point.  Please do not hesitate to contact me at VisaNet should you need further assistance."
 

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