H1b stamping .. Admin Processing after approval

[ashishdeep]

Hi Shervin

My wife traveled to India in December . She was working in USA on h1b. She has an approved petition valid till 31 March 2016 and we filed for an extension which is in RFE. We were advised by her employers' attorney to write the RFE petition number as the latest info on the DS 160 and not the approved petition number. This i believe was a mistake.

My wife went for her h1b visa interview in the Delhi consulate on 4th Jan 2016

The visa officer said the visa is approved. It's however been 2 weeks and the status shows admin processing.

They kept her passport and the approved I- 797 and did not get any slip. The latest response from the ceac help desk shows the same.

She also got a call from embassy once that there is a mismatch in the petition submitted.
And verified the petition numbers.

I believe she will get the visa stamped on the basis of the old petition. But more importantly we want her back in the US.I need your thoughts on the following:

1. How much time will it take for her to get the visa and passport back. She has already missed her flight and the client wants her back.

2. She already has a stamped H4 . Do you think that will be cancelled?

3. If she gets back the passport with the rejection we plan to get her back on h4 stamp.
Hopefully they won't cancel the H4.

4. If we withdraw the passport back. How much time does it take? and will they cancel any existing visa H4?

5. If we withdraw the passport and the H4 is cancelled .. What is the best way for her to get back . Go back for a new H4 stamp. Can anyone travel to US in a different status when a different class of visa is in admin processing ?

6. We were planning to respond to the RFE after her return. What is your advise on that?

This is a very tricky situation and we need help.

Please advise

Ashish

[shervin143]

1. How much time will it take for her to get the visa and passport back. She has already missed her flight and the client wants her back.
>>> It is very hard to say. It totally depends on case by case basis. It is hard to comment without knowing why the case was actually put under admin processing. The most likely reason is that you entered the receipt number of the petition that is currently under admin processing. You cannot attend the visa interview without an approved petition. You she should have entered the one that is currently valid and not the one that is under RFE.

2. She already has a stamped H4 . Do you think that will be cancelled?
>>> Yes. When you apply for H1B, H4 will be cancelled as CWOP.

3. If she gets back the passport with the rejection we plan to get her back on h4 stamp. Hopefully they won't cancel the H4.
>>> In most cases, they will cancel the previous visa even before deciding whether to approve the current visa or not. So it is possible that her H4 will get cancelled. In which case, if her H1B gets denied, then she need to apply for H4 again.

4. If we withdraw the passport back. How much time does it take?
>>> 2-3 weeks from receiving the letter for withdrawal.

and will they cancel any existing visa H4?
>>> Most likely YES.

5. If we withdraw the passport and the H4 is cancelled .. What is the best way for her to get back . Go back for a new H4 stamp.
>>> She either need to wait until her H1B RFE gets cleared and apply for H1B again or apply for H4 again.

Can anyone travel to US in a different status when a different class of visa is in admin processing ?
>>> The case will no longer be in admin processing when you withdraw your visa application. So this is not a problem.

6. We were planning to respond to the RFE after her return. What is your advise on that?
>>> You should not wait until the return to respond to the RFE. It won;t help you in any way. Responding to the RFE early as possible is the best option. But keep in mind, since she left U.S while the H1B is under progress, she extension will most probably get approved only for consular process (without a new I-94 attached).

[ashishdeep]

Thanks for the reply Shervin,

That's helpful. Right now our priority is to have her back in the US (irrespective of the status). What do you think is the best path forward in this regard.

1. Replying back to the RFE will take a week or so and the response / approval may take another 2-3 weeks. This will make at least 5-6 weeks before she gets her passport (Potentially). Because of we reply back to the RFE, we would like to wait even more to get the H1B stamp.

2. Can we withdraw back the passport and get her back into US (3-4 Weeks) on H4 and reply to the RFE or just forget about it and apply for a COS and fresh petition here in US?

I am just hoping

a. She gets the passport stamped in the coming week with H1 based on the old petition and she can fly back
OR
b. We withdraw the passport and they do not cancel the H4

Please advise.

[Manjit Spal]

Cwop

1. How much time will it take for her to get the visa and passport back. She has already missed her flight and the client wants her back.
>>> It is very hard to say. It totally depends on case by case basis. It is hard to comment without knowing why the case was actually put under admin processing. The most likely reason is that you entered the receipt number of the petition that is currently under admin processing. You cannot attend the visa interview without an approved petition. You she should have entered the one that is currently valid and not the one that is under RFE.

2. She already has a stamped H4 . Do you think that will be cancelled?
>>> Yes. When you apply for H1B, H4 will be cancelled as CWOP.

3. If she gets back the passport with the rejection we plan to get her back on h4 stamp. Hopefully they won't cancel the H4.
>>> In most cases, they will cancel the previous visa even before deciding whether to approve the current visa or not. So it is possible that her H4 will get cancelled. In which case, if her H1B gets denied, then she need to apply for H4 again.

4. If we withdraw the passport back. How much time does it take?
>>> 2-3 weeks from receiving the letter for withdrawal.

and will they cancel any existing visa H4?
>>> Most likely YES.

5. If we withdraw the passport and the H4 is cancelled .. What is the best way for her to get back . Go back for a new H4 stamp.
>>> She either need to wait until her H1B RFE gets cleared and apply for H1B again or apply for H4 again.

Can anyone travel to US in a different status when a different class of visa is in admin processing ?
>>> The case will no longer be in admin processing when you withdraw your visa application. So this is not a problem.

6. We were planning to respond to the RFE after her return. What is your advise on that?
>>> You should not wait until the return to respond to the RFE. It won;t help you in any way. Responding to the RFE early as possible is the best option. But keep in mind, since she left U.S while the H1B is under progress, she extension will most probably get approved only for consular process (without a new I-94 attached).

Dear Sir/Madam
I am Manjit Singh form Punjab(India) and I have got b1b2 visa June 2015 and I traveled USA in same month and came back within 15 days, now I have applied my wife's visa, and visa officer refused my visa also write CWOP on my valid visa now what I can do for get my visa again and were I can probe my genuineti please help me Thanks

[raghvi]

Dear Sir/Madam
I am Manjit Singh form Punjab(India) and I have got b1b2 visa June 2015 and I traveled USA in same month and came back within 15 days, now I have applied my wife's visa, and visa officer refused my visa also write CWOP on my valid visa now what I can do for get my visa again and were I can probe my genuineti please help me Thanks

What is this got to do with H1 forum? Please post in b1/b2 forum.

[Manjit Spal]

What is this got to do with H1 forum? Please post in b1/b2 forum.

Thanks I will post in b1/b2 forum