please suggest me really urgent

[amrit83]

i really need your suggession.
i came to USA on h4 visa after coming i got my h1b approved in 2008 then i did change of status from h4 to h1.which is approved but due to bad economy i dint get any job.my employer never paid me on bench.then in 2010 before expiring my h1b i applied COS from h1 to h4.but got REF for additional three pay stub but i do not have pay stub so i left US before expiring my I-94.applied h4 from india in nov 2010 got 221g,,till feb 2011 i wait but did not get any reply so i i drop my case from india and came to canada then from canada i appplied for h4 then on interview counslate told me visa approved but when i did not get passport back in 10 business day i cal to DOS they replied its under admin processing.still waiting its 5th week completed my question:

i was out of status on h1b because of not working but had valid I-94 so is 3/10 year ban applied on my case
AND
what processing they are doing after saying visa approved on interview.

please reply

[shervin143]

Admin processing can be done for a lot of reason. Follow the below thread for 221g cases.

http://www.immihelp.com/forum/showthread.php?t=83302

3-10 year automatic ban is imposed only when you have stayed in the country illegally for mor ethan 180 days. For being out of status for such a long time, the decision to deny the visa or to impose a ban is completely under the control of the VO.

[amrit83]

but i was not under illegal stay.my I-94 was not expired before i left the US.and at interview counslar told me visa approved but its went under admin processsing after that.i did not get any 221g.

reallly confused under "out of status"and illgel presence..please somone clear this.

[shervin143]

Illegal presence is when you are in the country without a valid I-94. If you have a valid I-94 but you did not follow the regulations to maintain the status in which you are, then it is considered as out of status. When you are in H1B you are suppose to work and get paid. Admin processing can be done for a lot reason like common name check, employment check, criminal background check and lot more.

If you follow the link that I provided in my earlier reply, you will find out that you are not the only one who got stuck with an admin processing after hearing from the VO that the visa is approved.

but i was not under illegal stay.my I-94 was not expired before i left the US.and at interview counslar told me visa approved but its went under admin processsing after that.i did not get any 221g.

reallly confused under "out of status"and illgel presence..please somone clear this.

[amrit83]

@shervin i really thanks that you are giving time for my reply.i am not worried about admin processing i am just worried that i was out of status with valid I-94,will 3/10 year apply on my out of status condition.my husband doing job in US for big client he was never put of status for a day,his I-40 is also approved.its really making me mad that what type of processing they are doing?when i send mail to toronto counslate at 4th attempt they reply me its legally mandated review and we do not have time control on this..can you tell me what is mean by leagally mandated review..its just admin processing review or something else.

[shervin143]

No one knows what kind of review they go for. But everything comes under a common umbrella called "Admin Processing" and the time that will take to resolve the admin processing will differ from one individual to another. Unfortunately you do not have any other option other than to wait for the admin process to get completed.

@shervin i really thanks that you are giving time for my reply.i am not worried about admin processing i am just worried that i was out of status with valid I-94,will 3/10 year apply on my out of status condition.my husband doing job in US for big client he was never put of status for a day,his I-40 is also approved.its really making me mad that what type of processing they are doing?when i send mail to toronto counslate at 4th attempt they reply me its legally mandated review and we do not have time control on this..can you tell me what is mean by leagally mandated review..its just admin processing review or something else.

[amrit83]

@shervin thanks.i know its hard to predict the time of admin processing.bt i am just afraid from 3/10 year ban thing..beacaue of out of status..

[shervin143]

Usually they impose the 3/10 year ban only when a person has stayed in the country illegally for more than 180 days. In case of an illegal stay (for more 180 days - 3 year ban & for more than 360 days - 10 year ban), this ban is automatic. When you are out of status, then the decision on how to act on your case will be with the visa officer. Like mentioned earlier, you just need to wait for the admin process to get over. When you are so concerned over the out of status period, why didn't you try to get back to H4 immediately instead of waiting for such a long time which is causing all the mess now?

@shervin thanks.i know its hard to predict the time of admin processing.bt i am just afraid from 3/10 year ban thing..beacaue of out of status..

[amrit83]

that was just because of my stupid employer,every week they saying we are doing marketing soon you will get job n so on...n even i was not aware of this out of status thing.i came to know about this when my h1b over n i searched on net..n that was too late...let see but im hoping im not under illegal presence because of valid I-94.