H1 restamping @ Mumbai - stuck for name clearance

S

ss NC

New Member
I am living in US for 6 years. Was visiting India on family emergency and had to apply for H revalidation for myself and family. Family's H4 got approved, my H1 did not. I was called for interview and then asked to do 'Finger Printing' as somebody in US with my name had committed a crime and they had to clear my name before stamping my PP. FP was given on July 6, till today no development. Between then and now, I have received my EAD and AP in US. I contacted the Consulate again on this pretext and also that my family (now back in US) is sick and that I am on the verge of loosing my job. Consulate came back saying that they have to wait to get the clearance from Washington before they can adjudicate my case.

Has anyone faced similar situations for H1 re-stamping ?
Does anyone know approximate processing time for these type of cases ?
Does having approved AP matters in this case ?.

Thanks.
 
In this world we cannot manage to have unique names, could we?

Anyway,sorry to hear about your problem.But once stuck means stuck.They will not approve till they get the security clearance.It may take anywhere from 2-8 weeks or even longer, cant predict.

Your wife or a friend in the US could contact FBI and inquire about your case.I have read about this somewhere in this forum.If you cant find it, let us know and we will try to look it up for you.

Once your name gets cleared,you could get the approval within 2-3 days.
 
H1B Stamping

Hi ss NC

So you have asked Mumbai consulate to give passport back and you enter into USA by AP. My question AP is well and describe document that all Airport people know about that. Mostly they will see Visa on PP. then allow to land.

Can you share more about how you get PP back from Mumbai and travel to USA on AP ?

You have not tried to revalidate visa into USA ?

Thanks,
 
Thanks , GCChaahiye

I have left message to the above number for FP status.

The PP was returned back by consulate when they called for interview and on the day of FP. I am trying to get legal advice on, if I should travel back on AP as the decision on H1 re-stamping is still pending. Not sure its a good idea to travel on AP when my security clearance (name check - finger printing) is still pending.
 
ss NC said:
Thanks , GCChaahiye

I have left message to the above number for FP status.

The PP was returned back by consulate when they called for interview and on the day of FP. I am trying to get legal advice on, if I should travel back on AP as the decision on H1 re-stamping is still pending. Not sure its a good idea to travel on AP when my security clearance (name check - finger printing) is still pending.
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Looks like your AP was approved while you were outside the US.

This is a subject of much controversy -- some attorneys believe that you should have your AP approved and in your hand before leaving the US.
Others say that you need to have only applied for it while in the US.

My personal belief is that you should have AP with you before you leave the US - otherwise it will be invalid.
Be very clear on this -- otherwise you might be denied entry at the US PoE.

Good luck
 
Hello Max2k1,

Thats an interesting observation. I will check it out.

Does anyone has contact numbers of (1) State department or (2) National Visa centers were I can check my FP status. FBI has not yet recd my FP

Also does anyone know of any site/company from were one can get copy of criminal report/FBI report withought submitting FP.

Thanks,
ss NC
 
Security Clearance all BS

Hi ssNC,

I'm going thru a "somewhat" similar situation. I came to India, Bombay my hometown for a revalidation. I did not get a chance to get it revalidated there in the US itself for my 2nd 3yrs. On the 7th Nov 2003 I was charged the visa issuance fees but was asked to wait for "Security Clearance" which was supposed to come from Washington. The Security Clearance Report came back on the 21st of June 2004. in the mean time my visa expired on the 13th June 2004 now I have a renewed Visa. But the "gentleman" at the Consulate told me that they would have to send a request for Security clearance again. Which might take another 6 months to whatever (they don't know). I don't think they need to send another request for a fresh Security Clearance Report, since the old report, which came here on June 2004, should be valid till December 2004.

Anyways... Man... It takes anywhere from 6 months to 1 year for the clearance...And yes that is all BS that "someone with the similar name committed crime in the US"...I have a very unique name... Its all harassment for a specific ethnic group you know what I mean? .....

Best of luck... Have faith in GOD... and do what you gotta do.
 
Don't worry friends. this is noramal and secqurity for our family who are living in USA.
I understand that ot is easy to say like this but I was on same case I did apply in March and get clerenace in Oct 04 @ 6 and half month

Is any one has information what will happen if we have to revalidate and stamp H1b visa after three year?? do we have go through again Name check?
What will happen when we file I-485, they will go also for name check?
( I have remark in visa that Fingerprint and No ineligibilities clerence is received ) Is this help when we apply againg for stamping or I -485??
That would be good if someone can guide us.
 
ss NC said:
I am living in US for 6 years. Was visiting India on family emergency and had to apply for H revalidation for myself and family. Family's H4 got approved, my H1 did not. I was called for interview and then asked to do 'Finger Printing' as somebody in US with my name had committed a crime and they had to clear my name before stamping my PP. FP was given on July 6, till today no development. Between then and now, I have received my EAD and AP in US. I contacted the Consulate again on this pretext and also that my family (now back in US) is sick and that I am on the verge of loosing my job. Consulate came back saying that they have to wait to get the clearance from Washington before they can adjudicate my case.

Has anyone faced similar situations for H1 re-stamping ?
Does anyone know approximate processing time for these type of cases ?
Does having approved AP matters in this case ?.
------- you can contact the lawyer in Bombay she is good and can folow with consulate
Poorvi Chothani is the correspondent attorney in Mumbai, India for Cyrus D. Mehta and Associates, P.L.L.C. She has graduated with an LL.M. degree from the University of Pennsylvania Law School, and is admitted to practice law in to the State of New York. She may be contacted in Mumbai at (22)-2218-1372 or 98209 39666.)
Thanks.
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