DS-5535 wait time

[Joyce H 0]

I received my H1b petition approval in Feb 2022 for a physician job. I resigned from my previous job in the US (H1b job) back in July 20201 and came back home and spend time with my father before he died.  So the new employer had to do the process from scratch. 

I got my appointment at the US consulate in Beirut in March 2022. The person I interviewed with told me I need to fill out the DS-5535 form likely because my previous visa was cancelled after I resigned and left (he asked me a lot of questions about it). I sent back the DS-5535 on March 19th 2022 and I have been waiting since then. 

I have two questions

1- How long does this process typically take? Surely it cannot be forever, nobody will any job indefinitely and the whole point of the H1b is to bring skilled workers that are in demand. Not putting a timeline defeats the purpose.  If the consulate takes longer than a few months and the employer is fed up of waiting and ends up withdrawing the petition, is the candidate allowed to ask compensation for the months waiting for approval and not being able to work somewhere else? 

2- Is the DS-5535 a routine form now like is everyone getting this?  with my first H1b in 2020 and I didn't have to fill it out. Does my resignation and departure from the US have anything to do with this? 

[Boiler 43,630]

31 minutes ago, Joyce H said:

I received my H1b petition approval in Feb 2022 for a physician job. I resigned from my previous job in the US (H1b job) back in July 20201 and came back home and spend time with my father before he died.  So the new employer had to do the process from scratch. 

I got my appointment at the US consulate in Beirut in March 2022. The person I interviewed with told me I need to fill out the DS-5535 form likely because my previous visa was cancelled after I resigned and left (he asked me a lot of questions about it). I sent back the DS-5535 on March 19th 2022 and I have been waiting since then. 

I have two questions

1- How long does this process typically take? Surely it cannot be forever, nobody will any job indefinitely and the whole point of the H1b is to bring skilled workers that are in demand. Not putting a timeline defeats the purpose.  If the consulate takes longer than a few months and the employer is fed up of waiting and ends up withdrawing the petition, is the candidate allowed to ask compensation for the months waiting for approval and not being able to work somewhere else? 

2- Is the DS-5535 a routine form now like is everyone getting this?  with my first H1b in 2020 and I didn't have to fill it out. Does my resignation and departure from the US have anything to do with this? 

I thought it was more security related, I have seen many people look for patterns but never seen a definitive response, just a lot of assumptions 

 

Do not believe the category makes any difference why would it, everyone wants theirs done asap

[Redro 4,601]

1 hour ago, Joyce H said:

I received my H1b petition approval in Feb 2022 for a physician job. I resigned from my previous job in the US (H1b job) back in July 20201 and came back home and spend time with my father before he died.  So the new employer had to do the process from scratch. 

I got my appointment at the US consulate in Beirut in March 2022. The person I interviewed with told me I need to fill out the DS-5535 form likely because my previous visa was cancelled after I resigned and left (he asked me a lot of questions about it). I sent back the DS-5535 on March 19th 2022 and I have been waiting since then. 

I have two questions

1- How long does this process typically take? Surely it cannot be forever, nobody will any job indefinitely and the whole point of the H1b is to bring skilled workers that are in demand. Not putting a timeline defeats the purpose.  If the consulate takes longer than a few months and the employer is fed up of waiting and ends up withdrawing the petition, is the candidate allowed to ask compensation for the months waiting for approval and not being able to work somewhere else? 

2- Is the DS-5535 a routine form now like is everyone getting this?  with my first H1b in 2020 and I didn't have to fill it out. Does my resignation and departure from the US have anything to do with this? 

People in all visa categories receive the DS-5535. 

B1/B2, work visas, family based visas....

And time to approval/refusal is not fixed. It can take 2 weeks or it can take forever. 

There is an ongoing DS-5535 thread in the Canada forum and some people have been in AP for more than 6 months now. 

If it gets to more than 3 months you might consider suing (filing a Mandamus) for a decision. 

Edited May 28, 2022 by ROK2USA

[SteveInBostonI130 3,328]

2 hours ago, Joyce H said:

If the consulate takes longer than a few months and the employer is fed up of waiting and ends up withdrawing the petition, is the candidate allowed to ask compensation for the months waiting for approval and not being able to work somewhere else? 

 

 

No.  Immigration is something that is applied for and not something that is guaranteed.  You have the option to stop waiting and pursue different things at home or elsewhere.

 

Sort of like waiting in line at the RMV/DMV to get or renew a driver's license.  I once waited in line in Worcester for over an hour and gave up.  

 

The only real recourse is to complain to the government and get a grass roots campaign to make changes/improvements.  

[Joyce H 0]

But H1b is not an immigration visa, It is a temporary work permit allowing doctors like me to work in the US. If this was immigration I would be happy to wait because I'd be working meantime. I cannot work or apply elsewhere until a decision is made. I don't know but it doesn't make sense that USCIS approves your H1b petition and yet the consulate in your country cannot give you a definitive timeline to approve your visa. Doesn't USCIS run a background check before they approve an H1b petition? doesn't make sense they would approve anyone and the understaffed consulate becomes the gatekeeper of who gets it. Very inefficient system. 

Also this kind of beats the purpose of the H1b. if the skilled worker ends up having to look elsewhere because visa approval is extremely delayed. Never mind the thousands of dollars paid by employer for the petition. It does not makes sense to me. 

For the Mandamus, does this also apply to the US consulate in my country? Because it is not USCIS that is the issue, they already approved the petition. 

Edited May 28, 2022 by Joyce H

[SalishSea 16,835]

19 hours ago, Joyce H said:

I don't know but it doesn't make sense that USCIS approves your H1b petition and yet the consulate in your country cannot give you a definitive timeline to approve your visa.

USCIS simply approves petitions.   They are approving that the beneficiary is eligible for the visa which they have been petitioned for.

 

Department of State issues visas.  That is a completely different process.  Having an approved petition is no guarantee of a visa.

[SalishSea 16,835]

23 hours ago, Joyce H said:

Is the DS-5535 a routine form now like is everyone getting this?  with my first H1b in 2020 and I didn't have to fill it out. Does my resignation and departure from the US have anything to do with this? 

Most likely due to your country of origin.