Clumsyheir1

Hi, everyone.

I would like to ask, maybe someone here have the same experience. I have EB3 visa application and it was denied under 221g (Administrative Processing). It was being sent back to USCIS. It could probably be due to my employer's issues.

I inquired and looked for a different employer who can pettition me but they are asking for a release letter from my previous employer. However, they are delaying the process of my release and they are not sure when they can provide the letter. 

Anyone who have the same experience? What did you do? Is there a way to apply to another employer without a release letter to recapture current Priority Date? Thank you very much

8 hours ago, kid1412 said:

I don't think so. EB3 is employment so it doesn't matter if you're married, not married, have 5 kids or no kid. How did your interview go? What did they ask? Did they seem to focus on your employer or on you? Most of the time, it is because they don't believe there is a valid employer-employee relationship or they don't believe the employer intend to or be able to continue the employer-employee relationship after you arrive in the US. Without more details, it is hard to say. I believe the procedure to return to USCIS is similar to FB petitions, that is once USCIS receives the returned petition from State, they will issue a NOID to the petitioner, the petitioner has a certain amount of time to respond and rebut. Then USCIS can either reaffirm the case and send back to the Consulate for another interview, or the will revoke the petition. 

 

 

Thanks there. With the interview the consul happened to focus about my employer. Questions are basic anything that they can find from all the document I submitted. I was asked twice, where is my facility located. Who is my employer and if I was interviewed by them. About my marriage, the consul just asked what my husband's job and where did I meet him. The consul did not ask for any additional document as I have everything there. Thats why, I think youre right, it could be that it was sent back to USCIS to prove my connection with my employer. Thanks. 😊

4 hours ago, payxibka said:

If the employers lawyers are good then they should have a chance to get it affirmed.   Unfortunately nothing is fast with the uscis

Thanks a lot. Your response is really informative and helpful. True, it may take time again. So now I have my passport back, I am thinking to just move forward. Hope my employer's lawyer can still do something. Thanks.

I am new to this forum and I am glad to see an overflowing respond to my case. I could not quote everyone who helped me realized my situation and those who explained it to others.

Thanks everyone. 😄

Yes, I am applying my EB3 (visa category) outside US (Philippines). It is an employment based visa wherein one of its benefits is you can add a derivative (spouse/unmarried children) in the petition.

It is good to know that my sudden marriage does not have to be the reason for denial.  I am starting to think that I made a wrong decision to marry that cause my American dream to collapse. 😅

Bit sad because I have read through that once your papers are returned back to USCIS there is less chance that it will be approved. I followed up with my employer and they said they will be discussing the issue with their lawyer. So, all I can do is wait how things will turn out. Do I still have a chance? 

It may take a long process again. And I already resigned from my previous job abroad also. Now Im thinking to just try my luck in different country maybe. Just hurts that I waited so long for this and just when I thought I'm already in the finish line I discovered to miss another lap. Survival is real. 

Again thanks everyone. I will update my case. Hoping theres still hope on this.

bHi,everyone!

Wanted to share my experience and gain some thoughts as well. I was interviewed in US embassy last Sept.25 yet I was placed under Administrative Processing. Thing with my case, I changed my marital status. When I applied my petition, I was still single and just got married July this year. I thought it will be fine because this was also the advised of my agency ( to get married before my embassy interview). I am under EB3 visa application btw.

So now, after one month, I received back my passport from Embassy -- no visa even if a message from US embassy told  me that I will be receiving the visa, yet what I got was an attached  letter saying that they returned my petition to USCIS.

I am so broken hearted. Any case similar to this where they sent back petition to USCIS and still issued a visa? Is it because of my change status that I might get denied? Or is the process took longer because my experience was also from overseas.. doing some background check might be toxic. I waited 8 years to make this happen and now I just don't know. Im still looking for some hope..keep my faith and stay strong.