Administrative processing in H1B

[priya_h1b]

Hi,

I attended my h1b stamping interview on 14th Jan 2013 in New Delhi. I work as a consultant and I have vendor in between client and employer. US consulate sent my case for admin processing and didn't give me any 221g form. My client didn't allow me to work from India. Since there was no time frame, he hired my replacement and said they can't wait as the workload is high and the person has to be in office. They ended my contract. My Employer terminated me because I don't have a project in hand. My employer said they will re-hire me once my stamping is done. It's already 6 weeks. I have a one year kid with me here. How long should I wait for my h1b? Should I go for H4 stamping now? Please suggest.Thanks for your help in advance.

[imirza]

Hi,

I attended my h1b stamping interview on 14th Jan 2013 in New Delhi. I work as a consultant and I have vendor in between client and employer. US consulate sent my case for admin processing and didn't give me any 221g form. My client didn't allow me to work from India. Since there was no time frame, he hired my replacement and said they can't wait as the workload is high and the person has to be in office. They ended my contract. My Employer terminated me because I don't have a project in hand. My employer said they will re-hire me once my stamping is done. It's already 6 weeks. I have a one year kid with me here. How long should I wait for my h1b? Should I go for H4 stamping now? Please suggest.Thanks for your help in advance.

In these times even a H4 visa can be issued an "administrative processing required" tag.
Sadly, there is no way to tell how long the admin processing lasts.

If you absolutely have to go asap to US then you can try applying for a H4 visa. Alternatively if there is no rush to head back then you can consider waiting for a few more days before taking a decision on the H4.

Hope you get the visa soon.

[priya_h1b]

In these times even a H4 visa can be issued an "administrative processing required" tag.
Sadly, there is no way to tell how long the admin processing lasts.

If you absolutely have to go asap to US then you can try applying for a H4 visa. Alternatively if there is no rush to head back then you can consider waiting for a few more days before taking a decision on the H4.

Hope you get the visa soon.

Thanks for your response. How long should I wait for my visa. Please let me know the time frame?

[imirza]

Thanks for your response. How long should I wait for my visa. Please let me know the time frame?

I dont think there is a fixed time period to wait and decide.
Like I said, if it is absolutely must to be back in US asap then, if possible, go for another category of visa. You dont have to wait a day longer.
But if you can wait, and with that I mean if there is no urgency then you can let the consulate process your case.

Just FYI: My wife and I have been waiting since Dec 11, 2012 for an H1B renewal. Right now, we have no other option but to wait.

[priya_h1b]

h1 visa refusal

I got my h1b visa refusal after 2 months. I attended my h1b stamping interview on 14th Jan 2013 and got visa refusal on 09 march 2013. They give below reason

"Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations."

I am planning to go for H4 stamping. My question is- Can I again convert from H4 to H1 in US. Do I need to face new cab? What would be the process to convert H4 to H1 when my H1 visa is refused by embassy. Please suggest.

[happybuddha]

I got my h1b visa refusal after 2 months. I attended my h1b stamping interview on 14th Jan 2013 and got visa refusal on 09 march 2013. They give below reason

"Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations."

I am planning to go for H4 stamping. My question is- Can I again convert from H4 to H1 in US. Do I need to face new cab? What would be the process to convert H4 to H1 when my H1 visa is refused by embassy. Please suggest.

I highly doubt your H4 will be straight forward if you apply for H4 right away.
You can find a new employer and file for a spanking new H1 when you are here on H4. You are not going to be cap exempt if you never had a h1 in the last 6 years.

[priya_h1b]

h1 visa refusal and file H4

I highly doubt your H4 will be straight forward if you apply for H4 right away.
You can find a new employer and file for a spanking new H1 when you are here on H4. You are not going to be cap exempt if you never had a h1 in the last 6 years.

Thanks for your advice. How long should I wait to file for my H4? Please suggest.

[happybuddha]

Thanks for your advice. How long should I wait to file for my H4? Please suggest.

A lot depends on details. Where does your husband work ? How much is he paid ? What model is he employed in FTE/CV/etc ? What are your education and employment details ?
You have to keep in mind that you have a 1 year old (which am sure you listed on your DS 160) and you already have taken a shot at H1B (who would have taken care of the one year old here in the US if both of you were working ? Unless both of you were well paid and could afford a nanny/day care). Now you are ready to take a shot at H4. In my opinion all of this could easily lead someone to believe that you are attempting immigration fraud, though that may not really be the case. I think it will be very dicey for you in the near future. I would wait for a year before applying again. In hindsight you would have been in better situation had you applied for H4 first and then did a COS when you were here.

[sylvan]

Thanks for your advice. How long should I wait to file for my H4? Please suggest.

Your H1 and H4 are separate cases. You can apply for H4 anytime.

Also you are eligible for H1 COS and you can file cap exempt petition anytime.

[priya_h1b]

H4 visa after H1b rejection

I received my H1b visa rejection on 9th March. I went for my interview on 14th Jan 2013 at New Delhi consulate. Now my question is - When should I file my H4. How long should I wait for my H4? I heard bombay is better than New Delhi. Should I go to Bombay for H4 stamping? My home is in Delhi. Please help.