Request for Assistance with H-1B Visa Petition and Consular Processing Issue

sudhakar19.6

sudhakar19.6

New Member
Detailed Summary of My H-1B Visa Issue:

1. H-1B Petition Approval:

  • Date of Approval: My H-1B petition (Form I-129) was approved by USCIS in November 2022.
2. First Visa Interview – Singapore Consulate:

  • Date of Interview: I attended my first visa interview at the Singapore consulate on December 22, 2022.
  • 221G Issuance: During the interview, the consular officer issued a 221G and requested three additional documents to be submitted for further review.
  • Submission of Documents: The requested documents were submitted on January 27, 2023.
  • Visa Refusal: After three follow-ups, my visa application was ultimately refused, and the Singapore consulate returned my I-129 petition to USCIS for reconsideration on May 18, 2023. They informed me that they were no longer handling my case.
3. Re-interview – Mumbai Consulate:

  • Attorney’s Advice: Based on my attorney’s advice, since the online status of my I-129 still showed as approved as of May 25, 2023, I went for a second interview.
  • Date of Re-interview: I attended a visa interview at the Mumbai consulate on June 6, 2023.
  • Second 221G Issuance: The consular officer at the Mumbai consulate issued another 221G, stating that my H-1B petition was still under review by USCIS. They mentioned they would contact me with updates and advised me to follow up with USCIS.
4. Employer’s Communication with USCIS:

  • Ongoing Follow-ups: My employer has made several attempts to follow up with USCIS, mostly through live agents and phone calls.
  • USCIS Responses:
    • Initially, USCIS indicated they had not received the petition from the consulate.
    • Later, USCIS acknowledged that they were reviewing the petition.
    • By late January 2024, USCIS informed my employer that they had reapproved the petition and advised us to contact the consular office. However, no formal reapproval notice or documentation was provided.
5. Contact with Mumbai Consulate:

  • Mumbai Consulate Response (March 2024): When I contacted the Mumbai consulate in March 2024, they informed me that they had no updates and advised me to contact USCIS regarding the petition status.
6. Form I-824 Filing:

  • Filing Date: Upon advice from my attorney, we filed Form I-824 on March 27, 2024. This form is meant to request that USCIS send the reapproval notification to the consulate and deliver a duplicate copy of the approval notice.
  • Processing Time: Unfortunately, the current processing time for Form I-824 is estimated to take up to 18 months (until February 11, 2026).
7. Current Situation & Issues:

  • Communication Gap: There appears to be a significant communication gap between USCIS and the consulate. USCIS claims that my petition has been reapproved, but the consulate has not received any notification or update.
  • USCIS vs. Consulate Responsibility: USCIS insists that the petition is approved and suggests that I contact the consulate, while the Mumbai consulate advises me to contact USCIS. This back-and-forth has caused considerable delays and confusion.
  • Singapore vs. Mumbai: There is also confusion over whether USCIS sent the reapproval notice to the Singapore consulate, which had already closed my case, or to the Mumbai consulate, which is now handling my case.
Questions and Concerns:

  • Why is there a communication breakdown between USCIS and the consulate?
  • Did USCIS send the reapproval notification to the wrong consulate (Singapore instead of Mumbai)?
  • Is there any way to expedite the process, especially considering the 18-month processing time for Form I-824?
  • How can I ensure that the Mumbai consulate receives the necessary information to process my visa?
  • Has anyone faced a similar situation, and how was it resolved?
 
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