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Administrative Processing At New Delhi Embassy

Discussion in 'NIV applications in India' started by cuckoo, Aug 5, 2014.

  1. cuckoo

    cuckoo Super Moderator

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    I submitted my application (drop box-same employer and category) for H1B in the second week of May 2014 and got a 221g (white) asking to submit a new petition because the approved petition (I-797 I was relying on) was only valid till May 21. I was trying to use recaptured days and came here to get a few more weeks to recapture as I was short of a few months to be able to get an extension based on a pending perm.

    Anyhow...I was pretty much struck till my PERM and I-140 were approved and a new I-797 approved on that basis. I submitted the new petition(approval notice I-797 original and a copy) with passport and the 221g at the drop box facility on July 29 and was told to expect a decision in 2-3 days by the Team Stanley representative at the window. When my passport status did not change status from "still at the embassy" I checked CEAC using the case no. on the 221 g and it says administrative processing.

    It has been 3 months since I came to India for a couple of weeks and now I do not know if I will ever get back to my job or continue to have a job! Besides the job and career hanging in the balance, I am paying NYC rents, have a car, other belongings, and a few pro-bono clients waiting for me to file their cases for a few months now...........Just to add some perspective, I am a direct employee -a lawyer at a NYC "big-law" firm. I have lived and worked in the US for 7 years now.

    My question is what are my options at this point? It appears I cannot make any inquiries at least for 60 days after my submission. Should I have filed a new H!B visa application instead of responding to the 221(g). Can I do so now? Can I file an application for B1/B2 visa so I can get there to take care of my stuff there. If so, I will need the embassy to return my approval notice and passport. Obviously, once I make it to the US all issues will disappear and I may just have to file a COS from B1/B2 to H1B.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    About all you can do is keep checking. You should be aware of the fact that their worldwide database crashed last week and they have had trouble issuing visas. It is slowly being restored and should be fully back online by the end of this week.
     
  3. cuckoo

    cuckoo Super Moderator

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    Thanks Ron. I am aware of the database glitch. However, I have seen the processing time change from "2 working days" to "10 working days" and then back to "2 working days" as of yesterday. Also, processing delays would probably not translate to administrative processing....
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    All of the information used to close out "administrative processing" comes from that database. The good news is that it is almost back to normal.
     
  5. cuckoo

    cuckoo Super Moderator

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    Great, thanks! At least there is hope that this wait might not be long........
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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  7. cuckoo

    cuckoo Super Moderator

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    So, 15 days later I get my passport back with a 221g asking to interview at the embassy. The interview was as bland as they go:
    So, did you got a new petition approved?
    Yes (Duh! Did you not see my submission in response to your 221g that you were sitting on for 15 days?).
    Some more questions that any moron should be able to answer, and the officer informed me that visa would be issued.....BOTTOMLINE-given the choice between interviewing and dropbox (in case eligible for interview waiver), it is probably best to opt for the interview to avoid whimsical delays.
     

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