FAQ: 221(g) Administrative Processing problems with visa stamping
My husband, I and our daughter (16-month old) were in US till Jan'16. I was on F-1 visa till dec'13 and changed my status to H-4 by submitting an application for Change of Status in Jan'14. My Husband has been on H1-B. I have a PhD from a US University in MicroBiology (the field for which hardly any open positions are there in US). We came to India in Feb'16 to get our visa stamping and vacation. My husband qualified for interview waiver and got the visa stamped from the US Embassy at New Delhi. It was quick and very easy process. I went for the visa interview and the visa officer told me that all looks good, go to the next counter for additional steps. The person at the the other counter have me white 221(g) slip requiring a list of documents to be submitted for further processing. The list of documents relate to my current and past work experience, research work and resume, travel plans etc. I submitted the documents within 1 business day. Please note that US Embassy has my passport as well.
My Status on CEAC website shows Administrative Processing till date. I am not sure what is the case here but I feel that there is some serious mistake that the Visa Officer made on my case. I am on H-4 and has not been working since Jan'14 and had been maintaining my status withing United States.
I have following questions:
1. The embassy and US travel docs and Travel State.gov all say the same thing - wait for 60 days and then ask for questions if I don't hear back regarding my case. What is the reason for my case to be put under administrative processing? Is this because I have a PhD in Microbiology? If yes, why didn't the USCIS completed this administrative processing when the change of status was applied back in Jan'14?
2. What should I do now? My husband flew back because he had to join his job. Please note he has a full time job with the same employer in US since 2013. I am struck with the US born 16-month child who is getting crazier day by day in this hot climate in New Delhi. How do I communicate that my visa H-4 has nothing to do with my previous work and request for the case to be decided sooner rather than wait for indefinite time period?
3. Can US embassy keep my passport for indefinite period of time? Isn't it unlawful to possess somebody else's passport? Does Indian passport have no value even in India?
4. The Travel.State.GOV site describes visa processing timelines within a week. There is no tracking on the applicants and the average time taken to resolve the Administrative Processing (AP) cases. Isn't there a right to information act in US to request information on the number of cases that were put under AP and average time to resolve these cases? If there is one, how do I request data for the past 3-5 years.
5. Please suggest any other advice for me so that a decision on my case can be taken.
Also, can we have a tracker on immigration.com so that everybody can add their case and get approximate processing in similar cases.
Also, requesting to have an Indian number for this conference call.