H1B case status Administrative processing-H1B transfer

[kishankl@h1b]

hi 

 

My H1B petition was filled in FY14 (April 2013) by my employer. I had attended for visa interview in Dec 2013 in Kuala Lumpur (Malaysia) US consulate, as I have been working here for last 2 years. At end of interview VO told that my case is not updated in internal system it may take few weeks time we will contact you again when the status is updated and returned my passport along with yellow slip. 

 

VO didn't asked for any additional documents for evidence, on the yellow slip he mentioned only passport. I have waited for few months and started contacting us consulate (Kuala Lumpur) about my visa status but they always reply with generic reply saying that your case still not updated in system we cant guarantee how much time it will take but we will contact you when the status is updated. After few months I have contacted consulate again this time they called me for second time interview. I went for second time interview VO had seen my original I797, I129 and other docs. But he started the same story again saying that your case is still not updated in system you get it done through your employer then we will be able to proceed you visa process.

 

My case status in online (CEAC) 'Administrative processing' since the day I have attended for visa interview. 

 

I have contacted my employer he said we can contact USCIS through attorney and get the h1b case updated in system by USCIS. My employer tried to contact USCIS through attorney but it didn't work out. I don't know whether he really put efforts to help in my case or not, but my employer also couldn't help in my case and my visa status is still remain in 'Administrative processing'.

 

Now I'm hopeless whether my case will get update in system or not forever. I'm thinking about H1B transfer If I initiate H1B transfer through another employer does it help in my case ? If my new employer initiate H1B transfer will it restart my application process and get updated in system ? 

 

Any suggestions please advise.

If some body has cone across similar situation please share your experience.

 

 

 

Thanks,

Krishh

[jairichi]

You can certainly ask a new employer to file a cap exempt H1B petition. If previous administrative processing is due to your credentials then you can expect it again. If not things might go good.

[kishankl@h1b]

Thanks 'Jairichi' for your reply and advise.

I believe previously my case was kept under administrative processing due to the reason my case was not updated in internal system of US Immigration dept(USCIS). Because At end of interview VO told that If you can get it update through your employer we can process your visa. Unfortunately my employer couldn't help in my case. Hence I'm thinking about the option of H1B transfer to my new employer. 

 

And I need your suggestion on consulate to attend visa interview:

Previously I have attended visa interview in Kuala Lumpur,Malaysia consulate.

After my H1B transfer to new employer can I attend visa interview in INDIA consulate ?

Since I had bad experience in Kuala Lumpur embassy I would like attend in INDIA next time. But my doubt is how it works If attend visa interview in INDIA consulate although I'm working with MNC company Kuala Lumpur location.

 

I have seen in some of forum discussions home country is always recommended to attend visa interview. Is it true ?

[jairichi]

Thanks 'Jairichi' for your reply and advise.

I believe previously my case was kept under administrative processing due to the reason my case was not updated in internal system of US Immigration dept(USCIS). Because At end of interview VO told that If you can get it update through your employer we can process your visa. Unfortunately my employer couldn't help in my case. Hence I'm thinking about the option of H1B transfer to my new employer. 

 

And I need your suggestion on consulate to attend visa interview:

Previously I have attended visa interview in Kuala Lumpur,Malaysia consulate.

After my H1B transfer to new employer can I attend visa interview in INDIA consulate ?

Since I had bad experience in Kuala Lumpur embassy I would like attend in INDIA next time. But my doubt is how it works If attend visa interview in INDIA consulate although I'm working with MNC company Kuala Lumpur location.

 

I have seen in some of forum discussions home country is always recommended to attend visa interview. Is it true ?

From what you have mentioned your employer failed to communicate or provide details to US consulate and hence the issue of admin processing. You can attend visa interview at home country. All US consulates are same.

[kishankl@h1b]

I don't know the exact reason why they put 'Admin processing'

During visa interview VO told that my case was not updated in the system and you get it done through your employer. When I contacted my employer he says we cant do anything from our side that should be updated by USCIS itself. As my employer don't have control over my petition once the petition was submitted and approved by USCIS.

 

Based on my understanding "Once petition is approved and I797 issued by USCIS they suppose to update in system so it will be available for usa consulate in other countries. Employer or employee doesn't have any control over it" - is it correct ?

 

My doubt now: If I attend interview in India next time, will they ask the question why you are attending interview in India instead of Kuala Lumpur as you are working there now? 

[jairichi]

I don't know the exact reason why they put 'Admin processing'

During visa interview VO told that my case was not updated in the system and you get it done through your employer. When I contacted my employer he says we cant do anything from our side that should be updated by USCIS itself. As my employer don't have control over my petition once the petition was submitted and approved by USCIS.

 

Based on my understanding "Once petition is approved and I797 issued by USCIS they suppose to update in system so it will be available for usa consulate in other countries. Employer or employee doesn't have any control over it" - is it correct ?

 

My doubt now: If I attend interview in India next time, will they ask the question why you are attending interview in India instead of Kuala Lumpur as you are working there now? 

What you mentioned is correct.

No, such question will not be asked as India is your home country. Even if asked you can answer them.