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issea

Should I contact NVC for case number?

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Hello folks, 

I’m under F2A and my petition was approved ~12.5 weeks ago and I still haven’t heard anything from NVC. Initially I intended to do AOS after entering the US with H1B so I didn’t pay attention whether or not NVC would contact me. However, I’m still waiting for my H visa because of administrative processing and now it’s been 8.5 weeks since the visa interview. I’m now worried that I won’t get the visa in, for say, another couple of months (I heard for some cases the applicants waited for 6 or more months to get the visa), and meanwhile NVC keeps silence unless you contact them. 

 

I’m asking for opinions that should I proactively contact NVC asking for the case number, just in case I find it later that I have to go through consular processing, and I don’t waste time while waiting for my H visa clearance? Basically my concern is whether or not it will hurt if I acquired the case number but later go through another path namely AOS (that could happen only if my H visa gets issued within some short timeframe)?

 

Many thanks in advance.

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Does anybody have any idea? 

Anyway I’d like to ask a quick question here. I have a plan to getaway from the current work (they extend my appointment until Christmas while waiting for the H visa clearance) for a week and spend the thanksgiving in the states with family and then return back to work. Do u think cbp will let me in? 

 

My rationale is that before my current employment really ends, I still have the tie outside the states. I’m very pessimistic that my H visa wouldn’t get clearance by the end of this year. 

 

I forgot to to mention that I have a B2 and it is the one I was thinking to use for this one-week getaway.

Edited by issea

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Haven't you called NVC already? It doesn't cost you anything, you know. 

 

First things first, you should be able to visit for the holidays with your B2 visa, that's what its for. 

 

Your story is very messy and confusing. 

Are you working in the US? If not, why are you connecting your current employment with H visa appointment? 

 

If you are under F2A and you were approved 12-13 weeks ago that means your PD is January 2017, am I right? 

If that's the case, I don't see why you are so desperate for the H visa. It would only complicate things for you. You would have to do AOS, and I'm no expert but filing for it so late into your petition could cause serious delay. 

Ultimately, the best case scenario here would save you very little time, if any at all. Is it worth it? 

 

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6 hours ago, Weebee said:

Haven't you called NVC already? It doesn't cost you anything, you know. 

 

First things first, you should be able to visit for the holidays with your B2 visa, that's what its for. 

 

Your story is very messy and confusing. 

Are you working in the US? If not, why are you connecting your current employment with H visa appointment? 

 

If you are under F2A and you were approved 12-13 weeks ago that means your PD is January 2017, am I right? 

If that's the case, I don't see why you are so desperate for the H visa. It would only complicate things for you. You would have to do AOS, and I'm no expert but filing for it so late into your petition could cause serious delay. 

Ultimately, the best case scenario here would save you very little time, if any at all. Is it worth it? 

 

Thx for your reply.

And sorry for the messy story. No I am not working in the US. I am outside the US waiting for my H visa clearance. I meant I am working for the current employer (outside the US) until this Christmas. I was supposed to start my work for the US employer who sponsors my H visa on Oct 1st, and because I am still waiting for my H visa clearance, my current employer allows me to stay working for them until this Christmas but after then I have to leave. That is why I am so desperate for the H visa and if I couldn't get it by then I might result in losing the new job. Maybe it's God's will that I am not suited for the new job and he has a better plan for me. But now I am depressed because of be putting in limbo. 

 

My PD is Feb 1st 2017 and petition got approved in this August. Due to the experience of AP for H visa, we are afraid of getting another AP for the immigrant visa if going through the consular processing. That is also why we are so desperately relying on the issuance of the H visa which will help for doing AOS, and this is the reason we haven't called NVC for the case number yet. But now I don't know if it really worths keeping waiting for the H visa issuance which might turn out to be a false hope at the end. If I don't get it by Christmas, I might face unemployment and have to return to my home country (I am working in the Europe now and the application for H visa is done also in the local consulate here) to wait for my PD getting current which goes back to the point of starting the consular processing. This already sounds frustrating to me for both unemployment and being apart from each other.  

Edited by issea

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6 hours ago, Weebee said:

First things first, you should be able to visit for the holidays with your B2 visa, that's what its for. 

My only concern is whether or not they will let me in, since I have a pending case for H visa and they also may suspect I will do AOS with B2? But my argument will be that I still have a job ongoing overseas and the evidence I could show to them is my employment letter and a round trip ticket. 

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I think your worries about entry on B2 are futile. Presumably you didn't overstay any visa before, your pending petition and application shouldn't prevent you from entering. Just bring your letter of employment in case. But I don't think they will give you any hard time - just answer their question honestly and explain your situation plainly if it comes to that. 

Also you can't do AOS with B2 because you under F2A and not an immediate relative of a citizen. 

 

About your other concerns.. What do you mean you are waiting for clearance? You had your interview and they didn't reach a decision? Or you are waiting for interview?

 

Your interview for immigrant visa will be in May - June, almost certainly June. 

It certainly puts you in limbo, very unpleasant indeed. I would suggest to talk to your current employer and see if you can keep your job just a bit longer. Otherwise you would have to go back to your home country and try to find something temporary there, just to get by till your interview. Your spouse could probably help you out. 

You could stay a bit longer in the us with your spouse, it will put off some of the financial burden you have to bear from being separated. Then go back for your CP.

 

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6 hours ago, Weebee said:

I think your worries about entry on B2 are futile. Presumably you didn't overstay any visa before, your pending petition and application shouldn't prevent you from entering. Just bring your letter of employment in case. But I don't think they will give you any hard time - just answer their question honestly and explain your situation plainly if it comes to that. 

Also you can't do AOS with B2 because you under F2A and not an immediate relative of a citizen. 

 

About your other concerns.. What do you mean you are waiting for clearance? You had your interview and they didn't reach a decision? Or you are waiting for interview?

 

Your interview for immigrant visa will be in May - June, almost certainly June. 

It certainly puts you in limbo, very unpleasant indeed. I would suggest to talk to your current employer and see if you can keep your job just a bit longer. Otherwise you would have to go back to your home country and try to find something temporary there, just to get by till your interview. Your spouse could probably help you out. 

You could stay a bit longer in the us with your spouse, it will put off some of the financial burden you have to bear from being separated. Then go back for your CP.

 

Thx for the comments. It really makes me feel better.

 

I had my H visa interview at the local consulate two months ago but they couldn’t make a decision and put me under administrative processing (AP under 221g). No single update as of yet. Hopefully I will hear some news from them soon. That being said, I should be prepared for consular processing for my IV. Would call NVC for the case number in the next days. 

 

Anyways I start looking for flight to the US for the Thanksgiving 😎 to relax. 

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An update to my case. 

I received the message from the consulate  that the AP for my H visa is completed and they urge me to send back my passport for visa stamping. I’m currently in the US but will return soon. I also called NVC for my immigration case and they told me they received my case on October 27 which is a bit over two months after NOA2. It says that the maximum time to receive the case number is about 8 weeks. Therefore I probably will be contacted by NVC by this Christmas. But with this timeline I would have had returned in the US for my new job and filed for AOS

 

To summarize, for those who are interested in the time span between NOA2 and case number from NVC, it’s about 16 weeks, which is at least the estimate based on my case.

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