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H1B, H4 Visa

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H4, Chennai Consulate, Dec 18, 5th stamping
Thank you all for sharing your experience here and it helped me to prepare for the worst case scenario.

Before laying out my visa experience, I would like to give you a quick background on my case.
I have been on H4 since Dec 2008 and maintained my status throughout my stay in the US. My spouse works for a financial institute (Full time employee) and we have an approved I140.

In 2014, we both attended interview at Chennai consulate. My Husband's visa was approved but in my case VO saw an overstay flag on his system. I have maintained legal status throughout my stay by timely filing I539 (These were filed with my spouse's H1B extensions). VO was very helpful and he did see approved I797/I539 but asked my husband to work with his attorneys to correct the error.

Attorneys contacted DHS, ICE and my spouse personally visited USCIS field office twice. They all acknowledged that I have been maintaining a valid status and they weren't sure how that flag showed up on consulate system. (It is still a mystery to us!!!). We sent all the required records from 2008 to US travel docs section but Consulate's office simply refused to acknowledge that there was an error in the system and expressed their inability to issue the visa. Attorneys contacted legal net and asked them to deal with consulate. Finally, after much deliberation consulate asked us to send the passport and requested concerned dept to remove the flag. Overall, it took 6 months to resolve the whole issue.

Fast forward 2017, due to a family emergency I had to visit India and attended visa interview at Chennai consulate. On DS-160, answered yes to "Have you ever been refused a U.S. visa" and provided an explanation.

Biometrics: December 17 2017
Interview: December 18 2017

Questions:
1. Where does your husband works?
2. Which location?
3. What is his position?
4. Have you ever overstayed in US? (ha...)

VO: Ok. your VISA is approved.

They kept the passport and no 221g or any other form of communication was given to me.

Dec 15 2017 Case created
Dec 18 2017 Case updated - administrative processing
Jan 18 2018 Issued

It took 20 business days to issue the visa.

I wish all the best to people who are waiting for their passport.
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