Mumbai Consulate 221 (g)

[pshah1]

Hello,

 

Before I narrate my problem, here is the background to my case. I have done my BS and MS from US on F1 visa. I had H1-B visa since 2003 and my six years of H1-B, along with time for which I was outside US, was completed on December 2013. I had my PERM filed in last year of H1-B and was pending in December 2013, so I was unable to extend my H1-B for seventh year. Therefore, I left US and came back to India in December 2013. After I came back, I got my PERM and I-140 approved. Based on which I filed for H1-B, I had received approval notice for H1-B by March end.

 

I went to Mumbai Consulate for visa interview on April 10, 2014, but I was unable to receive the visa and I was handed 221 (g) which was marked as the consulate will contact me through email. I asked VO and she explained me that they had to verify some information and it is their internal processing and I do not have to do anything other than wait for their email. She had said that it will take few weeks for processing.

 

My immigration attorney had also received an ammended I-797 couple of days after my visa interview. The date on ammended notice is April 9, 2014. However, she did not inform me about it for about a month and half, thinking that it was simply a "duplicate" notice which USCIS may have sent to them. She assures me that it would not have affected my visa interview in any case as the Case Number on both the notice is same.

 

Now, it has been over 60 days that my case has been under 'administrative processing." I have tried to email consulate asking them more information on my case, but I get their typical response saying they do not have any set time frame and they will inform me once the processing is complete.

 

What are my options now that it has already been over 2 months? My immigration attorney says that she cannot help me out and I have to wait for the consulate to respond back to me. Is she right? Can I contact state department or any other athority to understand where my case is stuck?

 

Please help me out by showing me a way in my process.

 

Thanks.

[jairichi]

Your attorney is right as she cannot do anything as there is no time limit for administrative processing. You could contact DOS.

[cos2788]

Don't worry much about it, it will take its own time. As long as you were never out of status, and your employment record is correct, they will not deny visa. It took 5 months for me. Keep calling the DOS every 2 weeks and get your status. One thing you need to keep trying is, if you are Full-time, provide all the project details, employer verification letter, etc etc. If you are working for a client, you need to make sure you have client and vendor letters, and client should respond to any inquiry from the Consulate. Keep praying and good luck! 

[pshah1]

Your attorney is right as she cannot do anything as there is no time limit for administrative processing. You could contact DOS.

 

 

Don't worry much about it, it will take its own time. As long as you were never out of status, and your employment record is correct, they will not deny visa. It took 5 months for me. Keep calling the DOS every 2 weeks and get your status. One thing you need to keep trying is, if you are Full-time, provide all the project details, employer verification letter, etc etc. If you are working for a client, you need to make sure you have client and vendor letters, and client should respond to any inquiry from the Consulate. Keep praying and good luck! 

Thank you very much for your responses. I have been trying to contact Mumbai Consulate via email support@ustraveldocs.com but I just get their typical response. How can I contact DOS directly? Can you suggest a phone number or an email address where I can ask them about my application status?

 

Thanks.