Source
r/h1b•
phycent

Still waiting for administrative processing to complete

While I was on F-1 OPT, I got an employer to change my status to H1-B. Since my job requires traveling internationally, I went back to my home country to apply for an H1-B stamp. I didn't expect it would take long, but my case had been put under administrative processing (221g) for 65 days.

Does anybody here think the Department of State is trying to duplicate the effort of USCIS? If one is approved by the USCIS for adjustment of status, why does the Department of state create another hurdle for that visa applicant?

I have asked for assistance from

  • the National Academy of Sciences: they confirmed my case is received by the Department of state,
  • and a congressman: A congressional inquiry is received and responded by the Embassy, saying an administrative processing cannot be expedited.

I have an I-140 with premium processing filed less than a month ago. Hopefully, I can return to work with the H-1B stamp and apply for adjustment of status after I return.

Update: Embassy asked for passport on 3/20/2023. Visa issued the next day. The visa stamp has words “CLEARANCE RECEIVED” on it.

Posted Mar 9, 2023, 6:12 AM UTC · edited

215
imdb_shenanigans•

221g takes time. Any idea what it was issued for? Is your job/study domain under TAL list? Or was there something missing.

2
phycentOP•

They have everything they need from me. My company definitely covers a lot of areas in the TAL list, but I don’t directly work on them. It is likely they are waiting a special clearance to be granted.

2
imdb_shenanigans•

I see. I got it once too because of software work in a TAL domain. I had readily given all details of my work upon asked in a visa interview being prodded by a smiling case officer and then was handed a 221g slip. I had no idea about the list. Mine took 6 weeks to process and I got the clearance but this was pre Covid. You can't do anything but wait it out. I got a one year visa ( this was B1) and then got onto L1 when I moved to the US. Never had a problem again and I always say "software engineer" when offered a question about what I do if anyone asks. Just unavoidable things sometimes, US Visas are frustrating all across. Even boarding a US flight is frustrating with their additional security checks at doors. Paranoid nation.

1
phycentOP•

Thank you for sharing your 221g story. Hopefully, mine will be cleared soon.

1
[deleted]•

[deleted]

1
phycentOP•

I think it depends on your embassy, whether you had denials before, your age, your country of residence, and the type of visa you are applying.

You should check with your embassy website.

1
kumarmanoj05•

Which country?

1
phycentOP•

A sensitive country, but not a terrorist country. I had already worked for this company for more than two years and my adjustment of status was approved by USCIS. I have 13 years of clean history in the US since I turned the age of 18.

If I was present in the US with an H-1B status, why can't they give me an H-1B stamp? Or at least, issue me a visa in a timely manner.

1
kumarmanoj05•

what do you mean by sensitive country? what do you mean by that? It does not matter how many years you stay in the USA. Administrative Processing takes a few weeks to months.

I have 13 years of clean history in the US since I turned the age of 18. Then why you did not get GC?

1
phycentOP•

A sensitive country identified in

https://www.energy.gov/sites/prod/files/2017/02/f34/Part%20VII%2C%20SECTION%20J%20-%20List%20of%20Documents%2C%20Exhibits%2Cand%20Other%20Attachments%20%20Attachment%20G_0.pdf

I started as a student 13 years ago, and only obtained H-1B status and filed I-140 recently.

1
Few_Strawberry_99•

Sorry to hear - do you mind posting your timeline?

1
phycentOP•

Jan 3 2023 morning: Appeared at the Embassy for my interview. Was asked what my job is. Officer immediately refused me under 221(g). Asked for a copy of my CV and flight itinerary. I was told administrative processing usually takes about 4 weeks.

Jan 3 afternoon: Sent request documents. Embassy replied no further documents were needed.

Feb 16: A congressman sent an inquiry on my behalf. Embassy replied they are waiting for administrative processing to complete before they can work on it.

Mar 8: The National Academies of Sciences, Engineering and Medicines uploaded my case to the database that is shared with the Department of State. The Department of State confirmed they have received my case.

1
Few_Strawberry_99•

It sounds like this is still in flux, right? Do you feel like the congressional inquiry helped / had any impact? How did you go about choosing the congressman (your regional one or one more immigration friendly)?

1
phycentOP•

I guess so. I think the congressional inquiry had a small impact. It forces the embassy to not have any delay. However, I think the delay mostly comes from decision from the Department of State's office in DC.

Only the house of representative of my district and the US senators will help, so I had three choices. I asked the office who responded to me the quickest for help.

1
Obrider•

Any updates?

1
phycentOP•

Yes. I am on a plane, flying back right now.

1
rabidthug•

How long was admin processing for you? What is TAL list

1
phycentOP•

It took about 70 to 80 days. A technology alert list is a huge list of fields where visa consulate should be aware of if they have a reason to believe a visa applicant may engage in or export controlled information.

1
rabidthug•

Is consulting on there?

1
Cold-Tennis-2694•

Do you think the congressional inquiry helped in your case?

1