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

Immigration attorney Hasan Abdullah provides his personal insights on how to prevent and deal with 221g administrative processing delays which are occurring at US consulates, particularly in India, to H1B visa applicants who work for consulting companies in the United States. India Abroad Newspaper has also written a cover story on 221g (however I was somewhat misquoted on the question of whether the consulates have authority to put cases on hold. They do, but the process is indeed being abused): http://www.indiaabroad-digital.com/indiaabroad/20120224/?pg=12#pg12

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[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.

[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.

[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.

[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