221g Administrative Processing at US Consulates in India - Immigration Lawyer Hasan Abdullah

[mohitsogani]

Dear Hasan

I had visa approval form (I-797C) from USCIS valid upto Dec 2013. I gave my H1B visa interview on Dec 3, 2011 in New delhi ,India where I was asked to submit a set of documents u/s 221g which I submitted along with my passport on Dec 27. I haven't heard from them yet. Please advice how to get this case approved ASAP.

I am a CA from India (professional qualification just like CPA in USA). My job profile was of Finance Manager. My company is based in gems & jewelry business in New York.

[attorneyhasan]

@mohitsogani Continue to follow up with the consulate. You should expect a result soon, and hopefully it will be positive. 221g processing can take usually about 1 to 5 months, and I've been hearing reports of about 2 months seeming to be most typical.

[sweetstuff07]

Do you know how long administrative processing takes for a tourist visa? And also, do they let you know if they do not approve of you and cannot grant you a visa? I would appreciate your help. Thanks

[pristiq2011]

my wife went for CR1 immigrant visa and got 221g...it doesnt look correct...she is female and why admibn procss for her

[TrojanForLife1987]

Dear Mr. Abdullah,I work for a startup based in LA with about 5 employees and I am the only h1b employee.I work Full time directly for my employer.I had my visa interview at delhi embassy on Nov 22nd and the VO gave me a 221g green slip with a set of docs to submit.Had a few questions.While getting 221g in some cases VO keeps the passport and in some cases they don’t.What should one make out of it?Is it worthwhile to contact local congressman to get help from?Let me know.Thanks.Arun

[attorneyhasan]

@TrojanForLife1987 You may be able to request your passport back from the consulate, however the will likely not agree to return it if you also want to continue to process your visa application. So, the return of the passport would be on the condition that you withdraw your visa application.

[TrojanForLife1987]

@attorneyhasan what are the chances that I will get a visa given the fact that I am a direct employee (and not a consultant with an EVC model Employment arrangement)? Are they doing this because I work for a small startup?

[sudhansu9dm]

Very Informative Mr. Hasan. I would love to know if there was a legal recourse to this illegal practice. One should have the ability to sue the asses at consulate for acting frivolously and abusing the guidance.

[kapilrakh]

Hasan

My company did apply for second H1b in premium processing. When I went to consulate for interview the visa officer refused to give me visa because my previous case is under review with the USCIS.

The petition of previous case which is under review is already expired. They want us to wait for the USCIS to finish the review of the old case.

Is it legal what they are doing with us ? Please suggest..

[attorneyhasan]

@kapilrakh Sorry to hear that... I hope they didn't refile it as an "amended petition." I've twice been successful in refiling on premium where we refiled it as a "new petition" and concede the original petition lacked sufficient evidence (even thought it didn't), and submit any form of additional corroborating evidence of an end-client project... About legality? I would argue it's an abuse of discretion, and that affected companies should complain to their congressman. AILA should step up too.

[kapilrakh]

@attorneyhasan Last week my attorney gave a G28 form to sign. This would let him contact the consulate directly as he'll be my representative. I haven't heard anything from him yet.

My second H1b petition was fresh. It wasn't amended :(

My employer is not willing to contact the congressman as they feel it would worsen the case.

[shafacassime]

Thank you Mr.Hasan Abdullah. It was really a good suggestion. I'd like to let you know that there are cases in "Pending process" (not rejected / denied) for more than 10 months under 221g. Please advice on what needs to be done to those cases. Thanks again !!!

[attorneyhasan]

@shafacassime If an AILA attorney worked on the case, he or she can contact a liaison who can contact the consulate about the administrative processing taking longer than normal, however, in all honestly, it doesn't seem to be too effective lately. Monthly inquiries is what I'd suggest, but a writ of mandamus complaint can compels the consulate to move on the case, but that's a very drastic (expensive) measure, and I'd say it would be ripe to file if admin processing drags for more than a year.

[meetweapon]

Thanks for the advice, I appreciate :)

[shahid7635]

Very good Advice! thanks for uploading this vedio. I am also a victim of this AP! Very cruel and senseless indeed!

[daninspiration]

Thanks for the video.. Lot of people are affected by this problem.