H1B Administrative processing

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Hi Members,

Please see my case details given below.This is my first extension stamping. I797 valid till August 2020.

11/12/17 - Have traveled to India due to family emergency.( client terminated me as I don't have certain return plans)

11/20/17 - Applied extension through drop box.

12/06/17- was called for Interview and issued 221g white slip. I have given the client letter , LCA to the VO . Then VO returned my PP ,asked to wait few weeks.

01/08/18 - Completed my employment verification , got a call from consulate and consulate officer said that the case will be closed ( My employer responded with my current situation) and I need to apply with new client.however , I didn't ask how can I apply again during the call.

As on today , the case status still shows Administrative processing , I had tried to reach consulate by email or phone couple of times, Nothing seems to be working.

 I have got a new client now , Can I directly book an emergency appointment when the case was under Administrative processing ? 



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That's sad. You applied after your client terminated you, that'll go down in your history and records with them. You should have communicated with your previous client or waited for your new client before applying. You lost your Aug 2020 petition :( 

forget that "admin processing", the case status is just stuck there as they closed the case. If you have a new i797 based on a new client just re-book a new date and re-appear. Looks like you did not manage the above situation well. 

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"Can I appear for the Interview with new LCA and client letter ?"

sure you can - but in order for the outcome to be any different - you will need. 

1) new LCA + 2) new Client letter + 3) new I797, amended, for new client based on new LCA. 

The only exception to not requiring a new I797 is if you manage to find a client in the same MSA as your previous client; so a new LCA not required & your title /role is the same. Don't forget however that this assumes that your previous  I797 is actually not revoked as you are saying, I don't know how you know that but usually when DOS doesn't grant a visa they generally refer the I797 to USCIS for revocation. Don't get fooled by the online USCIS case stats. That's not 100% accurate these days. Plus it's almost never updated for DOS referred revocation cases. The only time it works best is when you file a new premium processing.  


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