Administrative processing for H1B first time stamping

[issea 43]

Dear VJs, 

 

I attended the H visa application interview this morning and am now in administrative processing. The passport is returned to me. The CO asked for CV as the only additional material and gave me a 221(g) note. 

 

I’m so sad and dismayed. It happened to me every time when applying or renewing for the US visa since my very first F-1. I’m in fundamental particle physics major nothing to do with any sensitive fields. But unfortunately every time for the AP is due to the field sensitivity. I guess the CO already decided AP once looked at my 221(g) histories on the computer even before the interview started. How sad and pathetic I am! I just wonder why every time they check the same thing over and over again while I’m staying the same filed. Why not put a clearance for the same background check with regard to field sensitivity? 

 

The difference this this time is they gave back to me my passport. Does that indicate even longer processing time. As previous and usually APs they kept my passport and these cases became clear within 4 weeks or so. But now I’m worrying it would take much longer because they returned the passport. What do you folks think? 

 

Also I have an approved I-130 for me, PD Feb 1, 2017 under F2A, and a valid B2 visa. For now I don’t know how long it could take for my H visa. If possible, can I travel to the states with B2? Any insights please? 

[Starkilla09 366]

Unfortunately there’s nothing anyone can do about AP. All you can do is wait for it to be over and cleared up. There’s no metric as well how long it should take, as consular officers can look for a variety of things. Now with regards to you using your current B-2 to visit while still on AP with your H-1B that might not be a very good idea. It will be better to wait for your AP to complete and have your H-1B visa. This is because your B-2 visa is not a dual intent non-immigrant visa and there’s a chance CBP could deny you entry thinking you’re trying to use it to circumvent the visa process of your H-1B. That will be a bad spot to be placed in as you’ll lose you will lose your visiting privileges and will have to wait for your H-1B to be complete before you can immigrate.

[issea 43]

34 minutes ago, Starkilla09 said:

Unfortunately there’s nothing anyone can do about AP. All you can do is wait for it to be over and cleared up. There’s no metric as well how long it should take, as consular officers can look for a variety of things. Now with regards to you using your current B-2 to visit while still on AP with your H-1B that might not be a very good idea. It will be better to wait for your AP to complete and have your H-1B visa. This is because your B-2 visa is not a dual intent non-immigrant visa and there’s a chance CBP could deny you entry thinking you’re trying to use it to circumvent the visa process of your H-1B. That will be a bad spot to be placed in as you’ll lose you will lose your visiting privileges and will have to wait for your H-1B to be complete before you can immigrate.

Thank you very much for the advice. I’ll stay until the issuance of the H visa. Things just didn’t go smoothly in the expected way. Now I may also face the financial hardship during the wait since I notified the current employer that I would leave by the end of the month, and they already put a notice of termination. 

 

There is also one more thing I concern. I have the dilemma as follows. I was initially thinking to do AOS after entering the US on H1-B in late September or early October based on my I-130. My PD is Feb 1, 2017. So it may become current in April 2019 under F2A category. Since the processing time of AOS is about one year, I can stand waiting a few more months to get the green card comparing to the consular processing. But now I’m not sure if I will do so after entering the US on H1-B because of its indefinite wait time. Perhaps at the end when I am able to enter the US my PD would be very close to be current. But!!! I am so traumatized by this consular stuff that they always put me in administrative processing even for the time I applied for the B2 visa! 

 

So what should I do now? I think I will receive the welcome letter from NVC sooner than the approval of the H1-B visa. And by then I have to decide which route to go through. 

[SusieQQQ 11,586]

Unfortunately you broke one of the cardinal rules of the US visa process, which is not to do anything irrevocable (in your case, resigning your job) until you have a visa in hand. You’ve also learnt the hard way that having undergone AP before often just means you are more, not less, likely to go on AP again. (Don’t be surprised if it happens again on your family-based petition when your PD is current.) In the meanwhile, as frustrating as it is, the only advice anyone can give you is to wait it out.

 

[Starkilla09 366]

16 hours ago, issea said:

Thank you very much for the advice. I’ll stay until the issuance of the H visa. Things just didn’t go smoothly in the expected way. Now I may also face the financial hardship during the wait since I notified the current employer that I would leave by the end of the month, and they already put a notice of termination. 

 

There is also one more thing I concern. I have the dilemma as follows. I was initially thinking to do AOS after entering the US on H1-B in late September or early October based on my I-130. My PD is Feb 1, 2017. So it may become current in April 2019 under F2A category. Since the processing time of AOS is about one year, I can stand waiting a few more months to get the green card comparing to the consular processing. But now I’m not sure if I will do so after entering the US on H1-B because of its indefinite wait time. Perhaps at the end when I am able to enter the US my PD would be very close to be current. But!!! I am so traumatized by this consular stuff that they always put me in administrative processing even for the time I applied for the B2 visa! 

 

So what should I do now? I think I will receive the welcome letter from NVC sooner than the approval of the H1-B visa. And by then I have to decide which route to go through. 

Ya you made a grave mistake by terminating your employment before you had your visa in hand. Just keep fingers crossed and hope your AP doesn’t take too long to complete. With that being said since H-1B is a dual intent visa, it’s perfectly fine to do AOS in the U.S. at a later date down the road if you’re in the U.S. and your priority date is current. What you should do now is wait for this AP to clear, hopefully get your H-1B visa, get to the U.S. and work for your employer, wait for your priority date to become current then apply for AOS once it does. Once you apply for AOS you’ll be on “authorized stay” until it’s adjidcated on the day of your interview. It’s worth noting adjustment of status doesn’t go through AP like consular processing, though a some petitions may require a supervisor to review before approval. So don’t worry about having another AP in the U.S.

[SusieQQQ 11,586]

55 minutes ago, Starkilla09 said:

 It’s worth noting adjustment of status doesn’t go through AP like consular processing, though a some petitions may require a supervisor to review before approval. So don’t worry about having another AP in the U.S.

Not in the same way perhaps but AOS applicants don’t get a free pass on security screening, just delays the interview date beforehand rather than the decision after it.

[issea 43]

On 9/18/2018 at 3:11 AM, SusieQQQ said:

Unfortunately you broke one of the cardinal rules of the US visa process, which is not to do anything irrevocable (in your case, resigning your job) until you have a visa in hand. You’ve also learnt the hard way that having undergone AP before often just means you are more, not less, likely to go on AP again. (Don’t be surprised if it happens again on your family-based petition when your PD is current.) In the meanwhile, as frustrating as it is, the only advice anyone can give you is to wait it out.

 

This is the part I want to avoid by doing AOS instead. But sadly I’m stuck in a foreign country without any updates (33days). Hopefully I will hear from the consulate in the next few days. The maximum I am still able to stay here is about a month. I have to leave by the end of November. 

 

On the other hand, I foresee the possibility to get an upagrade from F2A to IR1 around December, since my spouse will have the citizenship interview in November. If that does happen before I get my H visa clearance, I guess my best option is consular processing for IV in my home country China. But before getting an interview for IV, I have to complete the case in NVC, which means no more AOS. Being put on hold for this H visa really drives me nuts. The horrible part is its opaque procedure. I cannot make a decision for now. To do or not to do?

[Boiler 45,670]

To be clear AP is something everybody goes through, some are short some are long, always a risk if you wish to process through a third country. 

[issea 43]

1 hour ago, Boiler said:

To be clear AP is something everybody goes through, some are short some are long, always a risk if you wish to process through a third country. 

I’m unfortunately working in this third country with a soon to expire contract. My only regret is I didn’t prepare and have better knowledge for AP. I should have had  a priori assumption of 100% chance of AP, and urged my new employer to use premium processing in the very beginning, so that it’d give me more cushion time for this ever lasting triggered security advisory opinion (SAO) mentis name check, background check and whatsoever  processing. 

 

My lesson tells everyone that never ever think you would escape from the fate of AP by a fluke once you had AP history. You got checked once then you will get checked every single time forever ever until you don’t need a visa anymore.