strange h-1 visa stamping case

S

shahfaisal

Registered Users (C)
Hi All,

I was issued a 221g in the month of May at Hyderabad, India. After 4 weeks my status was changed to "send passport". So I submitted the passport to VFS. Again after 2 weeks the status was changed to pending.

It's been over 6 months and I haven't gotten my passport back yet and the status is showing pending. I sent emails to the consulate and got a standard reply saying my case is under processing.

Total time since interview - more than 7 months.


Guys, please advice am really disappointed with this.

Note: Mine was F1-OPT-H1, Working full time for 2 years with this employer, have all the documents the VO asked.
 
I have seen few students facing similar issue when they applied for F-1 stamping. I guess the delay is due to Administrative Processing (Security Check/Name Check). Most likely you'll eventually get your visa stamped but nobody can tell you how long it will take, especially if your name is common...
 
Thanks for your replies alex09/Triple Citizen,

I was wondering how they can hold anyone's passport for so long...My passport has been with them for 7 months now. So they don't run into any legal issue with that? Is there a limit or something? Please advice guys, thank you once again for your help.
 
shahfaisal said:
Thanks for your replies alex09/Triple Citizen,

I was wondering how they can hold anyone's passport for so long...My passport has been with them for 7 months now.
--------------------------You can ask your passport back it belongs to you or Govt of India.

So they don't run into any legal issue with that?
---------------------If they dont return your passport then You can file complaint against US consulate. It simple means you have not asked your Indian passport back from US consulate and if you ask them they will return it to you. You can go to Consulate or write letter/fax

Is there a limit or something?
---------------------If you ask for PP they have to return it.
Please advice guys, thank you once again for your help.
Click to expand...
------
 
Yes agreed ultimately if you need or want your passport back you can have it and hopefully send it back to them when the "delay" for administrative processing is completed to get your visa stamp. It is a shame you and others are forced into this process but this is hidden part of US Immigration that is rarely spoken about publicly.
Good Luck,
CJ
 
When I was on F1, I remember two students from Saudi Arabia had similar issue. It took about 8 months for one of them and about 3 months for the other. Both got their visas stamped but the problem is no body can tell you how long the process may take.

The consulate can request to expedite the process but they usually do it ONLY if you are employed by a government agency.
 
I think when the consulate requests the passport; it doesn't necessarily means it was requested for visa stamping. It could be for further security check (e.g. verifying the countries the applicant visited in the past). I have seen incidents when the consulates requested valid AND expired passports!
 
I agree that the consulate might use the passport for security check, but for 8 months? There must be some reason the consulate is holding the passport back. The reason I don't want to ask my passport back is to avoid any further delays. It might add another 15 days of overhead to the entire process.

Does anybody know if the consulate will speed the processing up upon request from the employer? Mine is not a government company though. My employer(an American company) would be happy to request the consulate to speed the process up.
 
shahfaisal said:
I agree that the consulate might use the passport for security check, but for 8 months? There must be some reason the consulate is holding the passport back. The reason I don't want to ask my passport back is to avoid any further delays. It might add another 15 days of overhead to the entire process.

Does anybody know if the consulate will speed the processing up upon request from the employer?
---may or may not
Mine is not a government company though.
My employer(an American company) would be happy to request the consulate to speed the process up.
Click to expand...

let your employer send fax to consulate with your name,dob, passport number and H1 approval notice copy. your US company lawyer can also send the fax to consulate
 
Thanks a lot for your reply ginnu,

Would you recommend sending the fax to US department of State or the consulate? I am asking this because I guess the case has been handed over to DOS in US....

Please advise, thanks a lot for your help.
 
shahfaisal said:
Thanks a lot for your reply ginnu,

Would you recommend sending the fax to US department of State or the consulate? I am asking this because I guess the case has been handed over to DOS in US....

Please advise, thanks a lot for your help.
Click to expand...

Let the employer /lawyer send fax to Consulate where you applied for Visa. Consulate/embassy are under DOS they have the update from DOS.
US embassy or Consulate cant keep your passport. if you want just write to them and ask for your passport back.
 
Since the attorney/company representative is handling it, don't worry about the procedure. They will handle it properly without your interference.
 
Thanks ginnu and Conerned4us,

I don't need the passport but when I sent them an email saying that my passport is with them for so many months, they say its under processing. Will keep you updated with my status.
 
shahfaisal said:
I agree that the consulate might use the passport for security check, but for 8 months? There must be some reason the consulate is holding the passport back. The reason I don't want to ask my passport back is to avoid any further delays. It might add another 15 days of overhead to the entire process.

Does anybody know if the consulate will speed the processing up upon request from the employer? Mine is not a government company though. My employer(an American company) would be happy to request the consulate to speed the process up.
Click to expand...

I'm not sure about this, but you can ask your employer to email the consulate and see if it is possible to expedite.

Keep us updated.
 
Guys,

My employer contacted the Consulate office and they replied back saying they are reviewing the message. Should I consider this a good news? Please let me know friends.
 
My Employer said that the Consulate said they are reviewing his message. He also said that he will contact DOS if the Consulate doesn't get back to him in 2 days. May be the Consulate is asking someone else(DOS) for update?
 
You must log in or register to reply here.
Top