Suggestions to resolve H4 Admin Processing


F12h4

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Hi,

 

I was on F1 in US and applied for H4 change of status (COS) in US. However, we had to go to India so we sent a note to USICS to cancel the COS application on the day we left for India and attended H4 visa interview in Delhi in June.

 

Visa officer approved the visa but said it may take few additional days to get the passports (i thought it was due to COS pending in US). When I looked online after couple of days it showed as "Administrative Processing" but i did not receive any email for additional documents and the visa office said my visa was approved.

 

I thought it was due to pending COS in US and after USCIS cancelles the COS i would get the H4 visa. After a long wait, USCIS finally cancelled the COS at the end August. When the USCIS cancelled the COS my status update date changed on visa status.

 

I was hoping that i would get the visa soon but it has been 4 weeks since COS was cancelled and I am still waiting of my Visa. It have been 4 months since i applied for my H4 and it is still in Admin processing.

 

Could you please help regarding my options:

  1. Is there any way we can push to speed up the process? Do you recommend to reach out to Senator?
  2. Can we file any legal/law suit to speed up the process or get an update on the reason for the delay?
  3. Do you recommend to withdraw the H4 application and file again for a H4 visa (may be the pending COS when we applied for H4 in June created the trouble)?
  4. Do you recommend to withdraw H4 application and file for F1 visa (may be there is extra scrutiny in H4 regarding the new EAD rule). I am willing to do second masters to be with my spouse.

Please advise on what you recommed

 

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