strange h-1 visa stamping case

I had also sent an email to the Consulate asking for status update 2 weeks ago. They haven't responded yet. I hope there is something good in that for me. Any ideas guys?
 
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Hi Friends,

My employer got a reply from the Consulate that my case is still under processing. The consulate folks expressed their sympathy and said that they are trying hard to complete all the pending applications. My employer again replied back expressing frustration(though in a polite way) and said that he was disappointed to hear that there was no update after 9 months. The consulate folks then forwarded my employer's reply to the Gen Consul. asking him to advise. The Gen Consul replied saying there is nothing they can do but to wait and let the process complete and that after 9/11 the security has been enhanced etc..etc....

I was happy thinking that my processing will be completed soon but after reading these messages, feel like ending myself. What a bad time.
 
shahfaisal said:
Hi Friends,

My employer got a reply from the Consulate that my case is still under processing. The consulate folks expressed their sympathy and said that they are trying hard to complete all the pending applications. My employer again replied back expressing frustration(though in a polite way) and said that he was disappointed to hear that there was no update after 9 months. The consulate folks then forwarded my employer's reply to the Gen Consul. asking him to advise. The Gen Consul replied saying there is nothing they can do but to wait and let the process complete and that after 9/11 the security has been enhanced etc..etc....

I was happy thinking that my processing will be completed soon but after reading these messages, feel like ending myself. What a bad time.
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FYI many H1 holders who are in US are finding difficult to get job in US. You should concentrate on your present job and don’t pay much attention to H1 stamping.
 
My present job is in US, can't look for a temporary job here in India because my current employer might cancel my H1. My H-1 expires in the month of September this year. Its a very tough situation.
 
shahfaisal said:
My present job is in US,
----- how your present job is in US? you are not working at this time in US.
can't look for a temporary job here in India because my current employer might cancel my H1.
----US employer has nothing to do with your job in India. working in India does not mean that employer must revoke H1 petition. By working in India you will get money and experience and that will be beneficial for US employer. US employer is not paying you at present. I will find job iIndia and will earn and I will not sit just to wait for update from Consulate for Visa stamp.if you get visa stamp and come to US on H1 it not guarantee that you will get job and will be paid by employer. If you reach US before September then employer has to file H1 extension for you before your I-94 gets expired. FYI at this time USCIS is rejecting many H1 extension/H1 transfers filed by consulting companies or send long list of RFE to consulting companies. If your employer is not consulting company then H1 extension may be approved.
My H-1 expires in the month of September this year.

Its a very tough situation.
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Have you thought of contacting a senator?

If you, or even better someone from your company (e.g a manager), contact a senator, it may help expediting the process..
 
Thanks ginnu, am not a consultant, mine is a full time job and my employer is one of the best companies in MA. Its not like other "desi" firms. When I get back to US, I don't have to find a job, I will get paid no matter what. I work for this company internally as well for some of their clients.

Alex, my employer told the consulate that he will contact a senator and the officer replied back saying it wont help.

Guys, what do you advise, should I ask permission from my current employer to seek a job here temporarily and as soon as my visa process is approved, move to US? The reason am reluctant to do this is because am afraid that my current employer might think of letting me go . I will explain them(employer) my situation and see what they say. Please advise friends....
 
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shahfaisal said:
Thanks ginnu, am not a consultant, mine is a full time job and my employer is one of the best companies in MA. Its not like other "desi" firms. When I get back to US, I don't have to find a job, I will get paid no matter what. I work for this company internally as well for some of their clients.

Alex, my employer told the consulate that he will contact a senator and the officer replied back saying it wont help.
----- Officer is correct.Senator or Reprehensive cant help as DOS is checking security Background.
Guys, what do you advise, should I ask permission from my current employer to seek a job here temporarily and as soon as my visa process is approved, move to US?
----I will do that and no permission from US employer is needed for job in India. Once get Visa and employer has job then move to US. How many days one can wait for visa stamp? US employer is not paying you while you are in India.
The reason am reluctant to do this is because am afraid that my current employer might think of letting me go .
-----At this time he is not paying you and why the employer will have problems ??
I will explain them(employer) my situation and see what they say. Please advise friends....
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Thanks ginnu, I really appreciate your replies,

I searched for jobs here in India several months ago and the companies here asked me for releaving letter from my current employer and I don't want to ask my employer for that. But I will take your advise and start looking jobs here again, if someone asks for that letter I'll simply say I don't have one. The companies here also do background check and so would contact my current employer to verify, so I think its better to let my current employer in US know that am looking for temporary work here. Do you agree ginnu?

Thank you once again for your help.
 
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shahfaisal said:
Thanks ginnu, I really appreciate your replies,

I searched for jobs here in India several months ago and the companies here asked me for releaving letter from my current employer and I don't want to ask my employer for that.
----- The employer may be asking for your experience letter that you worked in US as you may have written on your resume that you worked in US.
But I will take your advise and start looking jobs here again, if someone asks for that letter I'll simply say I don't have one.
----- correct. inform them you did not have exp letter with you.
The companies here also do background check and so would contact my current employer to verify
-----------they may be doing local background check .US employer is not your CURRENT employer as he is not paying you and you are not working with him and you are NOT employed by him. you can be his workes once you are in US on valid status.,
so I think its better to let my current employer in US know that am looking for temporary work here.
------ I can inform him that I am just sitting at home and waiting for visa and I dont know when I get visa stamp and i have my expenses to survive and I have told my friends to find some short term work for me and if i get work then I will manage my expenses and once I get visa stamp then I will come to US. if the employer in india asks me for US exp letter please send me letter that I worked for your company in US.
Do you agree ginnu?
------agree
Thank you once again for your help.
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Hi All,

As advised, I asked my passport back from the Consulate. However, after a few days, the Consulate(Hyderabad) called me up and asked me to submit my passport back. The first question I asked them was "Is my processing over? "The guy said "Yes, its in the final stage". The guy also said that it will take a week for the process to complete. So I submitted my passport after a week as I was out of town.

Its been 10 days now, but I didn't get my visa. I called the Hyderabad Consulate and was told that my case is under processing. The people at Hyd Consulate are very rude and provide no information except "processing".

Out of curiosity, I called the DOS office and the lady said "they still have you under processing". I asked her whether the case is with the DOS or with the Consulate but she said she does not have that information. Any idea what is going on ?? Thanks in advance for your help.
 
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Thanks S K Ghori,

I was told that DOS forwards the case to the Consulate once they are done with their processing. I may be wrong.

They had my passport for 10 months, if the case is not cleared yet, why did they ask my passport again? I wish I could talk to the guy who called me and said my processing is over. But seems I don't have that option.....
 
US embassies and consulates are outposts for the State Department.
I know it is easier said than done, but all you can do right now is wait it out.

shahfaisal said:
I was told that DOS forwards the case to the Consulate once they are done with their processing. I may be wrong.

They had my passport for 10 months, if the case is not cleared yet, why did they ask my passport again? I wish I could talk to the guy who called me and said my processing is over. But seems I don't have that option.....
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It is very hard situation.

Once you get your visa stamped and land in the States, try to get your GC before your stamp validation expires. Chances are whenever you go out for stamping you’ll face the same situation!

Also, don’t be shocked if your stamped visa has a validation of three months and one entry only (regardless of your H1B’s validity)!!

I’d suggest you try to make plans to get your GC ASAP once you land back in the States.
 
alex09 said:
It is very hard situation.

Once you get your visa stamped and land in the States,
try to get your GC before your stamp validation expires.
------------- How he can get GC before the Visa stamp expires? USCIS is NOT distributing Green Cards to those who come on H1 visa? Employer first has to file LC then I-140 then I-485. Many are waiting more than 10 years who came on H1 and still no GC in hand.
Chances are whenever you go out for stamping you’ll face the same situation!

Also, don’t be shocked if your stamped visa has a validation of three months and one entry only (regardless of your H1B’s validity)!!
---------------H1 visa is till duration of H1 petition and the expiry date will till Petition approval validityI’d suggest you try to make plans to get your GC ASAP once you land back in the States.
---Getting GC is not in has hands. First come to US on Valid Visa then get Job on H1 visa then let employer file LC(first step of GC)
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