Administrative processing for last 88 days.

[india2012]

Hi,

Since December 2010, I was in US on L1 B sponsored by well known Indian IT company. One of the U.S. based firm sponsor my H1B. That firm initiated the process and file my petition in October, 2011 in premium processing. My petition was approved in November 2011. I'd resigned from India based I.T. company and joined this U.S. based firm. After one month, I was relocated to another province at client site. In March 2012, when I came back to India and went to Delhi embassy for stamping with my wife, VO asked me for my work location. I replied that earlier my work location is X and then I was relocated to Y. She asked me for the LCA. I have presented the LCA of both X and Y. Then she asked me for my client letter. I had shown her my client letter.

Then she took my passport, I-797 and other documents used at the time of petition filing. She told me that after verifying the documents my passport would be mailed to me with VISA. I hadn't got any slip or case number.

After a week, when I hadn't received any mail or message from embassy, I queried to embassy. I got a reply that my case is under AP.

Now it's 88 days but I haven't received any mail from embassy.
I had presented all the documents but that lady put my case under AP.

I have called DOS and VFS, both are telling the same status, under AP.
When I called USCIS, they said that information couldn't share the information since this is employer's petition.
When my employer called the USCIS, they said contact to India consulate for any information.

Can someone tell me what is the waiting time for these type of cases.

[shervin143]

The time that will take for an admin process to resolve cannot be determined. The timeline varies from one application to another. There are people who are waiting for much longer duration than you and there are people who got the 221g cleared in few weeks. Search and read the posts on 221g / admin processing.

[india2012]

thanks Shervin for the reply.

[india2012]

The time that will take for an admin process to resolve cannot be determined. The timeline varies from one application to another. There are people who are waiting for much longer duration than you and there are people who got the 221g cleared in few weeks. Search and read the posts on 221g / admin processing.

Hi Shervin,

As of now, neither my client nor employer has been contacted. Will it be a sign of more delay? If my employer stop paying me, will it impact badly on my case?

[shervin143]

As of now, neither my client nor employer has been contacted. Will it be a sign of more delay?
>>> Admin processing doesn't necessarily mean that USCIS will contact your employer or the client. It can even be for something else. You cannot derive anything out of this.

If my employer stop paying me, will it impact badly on my case?
>>> Are you currently outside U.S? If yes, you do not hold any immigration status and there is no need for the U.S employer to pay you (No compulsion for you to work for the U.S employer). This is not an issue.

[Vedika]

Delay in Admin Processing

hi, I got interviewed at Delhi Consulate in the second week of Dec'11 till date the same in under admin processing.

[india2012]

Right now I am in my home country. And I afraid if my employer stop my paystub, then in that case my stamping would be in trouble.

As of now, neither my client nor employer has been contacted. Will it be a sign of more delay?
>>> Admin processing doesn't necessarily mean that USCIS will contact your employer or the client. It can even be for something else. You cannot derive anything out of this.

If my employer stop paying me, will it impact badly on my case?
>>> Are you currently outside U.S? If yes, you do not hold any immigration status and there is no need for the U.S employer to pay you (No compulsion for you to work for the U.S employer). This is not an issue.

[shervin143]

Like I mentioned, if you are outside U.S, the employer need not pay you and it won't cause any issues with the stamping. You only need to have pay slips for the period you were in U.S in H1B status.

Right now I am in my home country. And I afraid if my employer stop my paystub, then in that case my stamping would be in trouble.

[india2012]

Thanks Shervin for the reply.

Like I mentioned, if you are outside U.S, the employer need not pay you and it won't cause any issues with the stamping. You only need to have pay slips for the period you were in U.S in H1B status.

[india2012]

Hi shervin143,

To re-visit my case please follow link http://www.immihelp.com/forum/showthread.php?t=100253

My location got changed and I'd presented LCA of both old and new location.
Does the H1B petition need to be amended?

[shervin143]

Check this.
https://www.immihelp.com/h1b-petition-amendment/

Hi shervin143,

To re-visit my case please follow link http://www.immihelp.com/forum/showthread.php?t=100253

My location got changed and I'd presented LCA of both old and new location.
Does the H1B petition need to be amended?

[india2012]

Check this.
https://www.immihelp.com/h1b-petition-amendment/

Hi Shervin,

To follow my case, please re-visit http://www.immihelp.com/forum/showthread.php?t=100253

I am under administrative processing from last seven months.

My client was same but client location got changed. I'd appeared in the interview with new LCA but without amended petition.

Do you have any idea, will USCIS revoke my petition or ask for amended petition?

I've followed my cases in different forums with same issue, some got stamping without any problem and some stucked in AP.