I heard from a lot of my colleagues that many H-1B applicants coming for stamping to India are getting stuck in administrative processing. I have a family in U.S, with car loan and a rented apartment, and it gives me jitters when I think of someone getting stuck in India and paying all these expenses here with no income.
Can you kindly tell me why such an outcome of administrative processing is occurring? What are the documents that I should bring with me for a visa appointment?
Most work visa applicants in Hyderabad receive their visa within a week of their interview.
We are required, however, to do additional processing on some H-1B applications for a variety of reasons. Sometimes the processing is as short as two weeks; sometimes it takes many months to complete.
Unfortunately, we cannot give a specific time frame by which processing will be completed, as it varies based on the circumstances of each case.
Additional processing is a mandatory step but it can be avoided if the applicant is better prepared for the visa interview.
We recommend that all visa applicants review the document requirements found on our website and follow them carefully to minimise potential delays in visa processing.
Among the required documents are the I-129 application, as submitted in the approval process, including both the Labor Condition Application and a copy of the supporting letter addressed to USCIS; a letter from the end-client or a description of the internal project; and experience letters.
If you’ve had immigration or legal problems in the past, make sure to bring all relevant documents as well.
In addition, the officer will sometimes request documentation about the petitioning company to address fraud concerns.
If you don’t come prepared with all the necessary documentation, your case will be delayed until you submit the required documents by courier and an officer has the time to review your case again.
I came to U.S in December 2009 on an H1-B and my employer was Cyma Systems. Last August I changed my job and my current employer is Umass Memorial but in my visa still shows as Cyma Systems. I am planning to come to India in December 2012. Can you please let me know how to change my visa to my current employer in my passport?
Sudhir Reddy Lingala
As per U.S. immigration law, specifically 9 FAM 41.53 N8.4-3: After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original valid H-1B visa to apply for entry into the U.S.
Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to his/her visa.
It will be up to the DHS/USCIS officer at the port of entry in U.S. to decide on permitting entry and also decide the length of stay for any particular visit.
If an applicant wishes to have the new petition number and the petitioner’s (new employer’s) name to be printed on the H-1B visa then he or she has to apply for a new H-1B visa.
To do so, you may fill out DS-160 web-based visa application for that can be found on the following website: https://ceac.state.gov/GENNIV/default.aspx, pay the visa application (MRV) fees and the VFS service charge, as mentioned on our website: http://hyderabad.usconsulate.gov/visa_services/fees.html and schedule your visa appointment through the VFS website:http://www.vfs-usa.co.in.
Applicants may apply at any post (any of the Consulate Generals as well as the U.S. Embassy) in India subject to the availability of visa appointments.