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H1B Renewal - Administrative Processing after Annotation

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  • H1B Renewal - Administrative Processing after Annotation

    Background:

    Passport 1- valid upto 01/2015
    I797 1 - valid upto 07/2015 (valid as of Dec'14)
    I94 - valid upto 01/2015 (shorted due to passport expiry)
    Passport 2 - valid upto 03/2024
    I797 2 - valid from 01/2015 to 12/2016 (extension)

    I work in a reputed US Management Consulting firm in Atlanta, GA. My previous H1B expired on 9/30/13, and I currently have valid H1B status.

    I recently appeared for a visa interview at the Hyderabad US Consulate for my H1B extension, and upon receiving my passport, I noticed that there was an annotation on the visa "Not Valid Until Jan 09 2015".

    Based on our immigration attorney's inputs, I believe that the Consulate should not have annotated my visa, because these types of annotations are only applicable for H-1B applications that have not yet come into effect. Although my current H-1B approval notice comes into effect on January 18, 2015, this petition was filed as an extension of my current H-1B and my shorted I-94 card. Accordingly, the US Consulate should have reviewed the H-1B Extension Approval Notice in connection with my Current Approval Notice.

    I sent a note to the support email address as I have very important client committments in Dec and that I needed to return by Dec 15th. No response for three days. Then I schedule another visa interview (by refilling DS 160 and paying fee) and on Dec 10, explained the VO about my situation and that my status is still valid and requested that the annotation be corrected.

    The VO (and an assistant at the window) took my passport, reviewed both my I797s and I129 petition, and asked me to collect my passport in a couple of days (confirming that I can travel back immediately, and that the annotation will be corrected).

    On the CEAC website, the status now is "Administrative Processing", and I'm worried that my case is now stuck. Even though I have everything single evidence/statements (MBA from US, pay stubs, tax returns, etc.).

    Any feedback on how best to follow through?

    -V
    Last edited by vduvv; 12-11-2014, 08:46 AM.

  • #2
    Originally posted by vduvv View Post
    Background:

    Passport 1- valid upto 01/2015
    I797 1 - valid upto 07/2015 (valid as of Dec'14)
    I94 - valid upto 01/2015 (shorted due to passport expiry)
    Passport 2 - valid upto 03/2024
    I797 2 - valid from 01/2015 to 12/2016 (extension)

    I work in a reputed US Management Consulting firm in Atlanta, GA. My previous H1B expired on 9/30/13, and I currently have valid H1B status.

    I recently appeared for a visa interview at the Hyderabad US Consulate for my H1B extension, and upon receiving my passport, I noticed that there was an annotation on the visa "Not Valid Until Jan 09 2015".

    Based on our immigration attorney's inputs, I believe that the Consulate should not have annotated my visa, because these types of annotations are only applicable for H-1B applications that have not yet come into effect. Although my current H-1B approval notice comes into effect on January 18, 2015, this petition was filed as an extension of my current H-1B and my shorted I-94 card. Accordingly, the US Consulate should have reviewed the H-1B Extension Approval Notice in connection with my Current Approval Notice.

    I sent a note to the support email address as I have very important client committments in Dec and that I needed to return by Dec 15th. No response for three days. Then I schedule another visa interview (by refilling DS 160 and paying fee) and on Dec 10, explained the VO about my situation and that my status is still valid and requested that the annotation be corrected.

    The VO (and an assistant at the window) took my passport, reviewed both my I797s and I129 petition, and asked me to collect my passport in a couple of days (confirming that I can travel back immediately, and that the annotation will be corrected).

    On the CEAC website, the status now is "Administrative Processing", and I'm worried that my case is now stuck. Even though I have everything single evidence/statements (MBA from US, pay stubs, tax returns, etc.).

    Any feedback on how best to follow through?

    -V
    It is always advisable to mention the exact date of validity rather than months and years. In your case what are the exact dates listed on I797-2? The one which is valid till 2016?

    Comment


    • #3
      Originally posted by raghvi View Post
      It is always advisable to mention the exact date of validity rather than months and years. In your case what are the exact dates listed on I797-2? The one which is valid till 2016?
      Passport 1- valid upto Jan 18 2015
      I797 1 - valid upto Jul 5 2015
      I94 - valid upto Jan 18 2015 (shorted due to passport expiry)
      Passport 2 - valid upto March 2024
      I797 2 - valid from Jan 18 2015 to Dec 9 2016 (extension) -

      H1B that I received last week with annotation "Not valid until Jan 9 2015"

      I have critical client delivery, presentations and meetings next week and the 1st week of Jan. Hence I requested that my current I797 also be considered and that the annotation be rectified (given that I already work with the firm in US, and it's a case of extension, and not a new H1B).

      I mentioned all of this to the VO and the person who reviewed (and possibly copied) all petition and I129. They said they'll fix it and I should be able to travel back but now I'm worried about the time it takes under "admin processing" because my work and my firm's client obligations are getting effected.

      -V

      Comment


      • #4
        Originally posted by vduvv View Post
        Passport 1- valid upto Jan 18 2015
        I797 1 - valid upto Jul 5 2015
        I94 - valid upto Jan 18 2015 (shorted due to passport expiry)
        Passport 2 - valid upto March 2024
        I797 2 - valid from Jan 18 2015 to Dec 9 2016 (extension) -

        H1B that I received last week with annotation "Not valid until Jan 9 2015"

        I have critical client delivery, presentations and meetings next week and the 1st week of Jan. Hence I requested that my current I797 also be considered and that the annotation be rectified (given that I already work with the firm in US, and it's a case of extension, and not a new H1B).

        I mentioned all of this to the VO and the person who reviewed (and possibly copied) all petition and I129. They said they'll fix it and I should be able to travel back but now I'm worried about the time it takes under "admin processing" because my work and my firm's client obligations are getting effected.

        -V
        The petition was extended from 18th Jan 2015 onwards because that's when the previous I-94 was expiring. Technically you cannot travel and work on the new I797 before Jan 9th 2015. But if they have told they would look into it, they might help. Hope for the best that they do come back as per your need besides that there is not much that can be done.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          The petition was extended from 18th Jan 2015 onwards because that's when the previous I-94 was expiring. Technically you cannot travel and work on the new I797 before Jan 9th 2015. But if they have told they would look into it, they might help. Hope for the best that they do come back as per your need besides that there is not much that can be done.

          This is my opinion not legal advice.
          Should I be concerened that the administrative processing (AP) might actually longer than Jan 9 (not valid until date on my latest H1B)?

          Given all that has happened, I'm only slightly concerend by next week, but very concerned about longer delays.

          Read some worrying stories about AP taking more than 60 days.

          Comment


          • #6
            Originally posted by vduvv View Post
            Should I be concerened that the administrative processing (AP) might actually longer than Jan 9 (not valid until date on my latest H1B)?

            Given all that has happened, I'm only slightly concerend by next week, but very concerned about longer delays.

            Read some worrying stories about AP taking more than 60 days.
            Though many a times they do a pretty good job, but with the holiday season...let just hope you get back your passport quickly.

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by raghvi View Post
              Though many a times they do a pretty good job, but with the holiday season...let just hope you get back your passport quickly.

              This is my opinion not legal advice.
              Thank you. Will update the thread as soon as I have something to share.

              Comment


              • #8
                On Friday morning, the status finally changed to "Issued - Your visa is in final processing". But the passport is not ready for pick up yet. Hoping it will be ready by MOnday 4PM (in order to take the Tue early morning flight to US... otherwise another rescheduling).

                Comment


                • #9
                  Petition to be used while appearing for restamping

                  Originally posted by vduvv View Post
                  On Friday morning, the status finally changed to "Issued - Your visa is in final processing". But the passport is not ready for pick up yet. Hoping it will be ready by MOnday 4PM (in order to take the Tue early morning flight to US... otherwise another rescheduling).
                  I am also in similar situation. Which petition did you use in DS 160 for restamping (the latest or the older one)

                  Comment

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