O-1 processing time at London embassy

[German in UK 12]

Well, I'm still waiting...it'll be six months in late November. Absolutely nothing.

 

My new university recently applied for an H-1B petition, which was also approved without any problems. Had my interview at the London embassy on 2 October - the CO told me there and then it was approved and that the O-1 would simply continue to be processed. I was reassured I could travel and work on the approved H-1B and would have my passport back the following week. A week later I get my passport back WITHOUT the H-1B stamp in it - administrative processing. I have no idea what they are finding on their various databases they use, but this is beyond ridiculous.

[DrEllaNJ 288]

16 minutes ago, German in UK said:

Well, I'm still waiting...it'll be six months in late November. Absolutely nothing.

 

My new university recently applied for an H-1B petition, which was also approved without any problems. Had my interview at the London embassy on 2 October - the CO told me there and then it was approved and that the O-1 would simply continue to be processed. I was reassured I could travel and work on the approved H-1B and would have my passport back the following week. A week later I get my passport back WITHOUT the H-1B stamp in it - administrative processing. I have no idea what they are finding on their various databases they use, but this is beyond ridiculous.

wow, so sorry to hear about your ordeals. trying to help you - please don't feel obligated to reply, but if one of these is the case you may have an answer:

1) are you working on a sensitive topic, like nuclear physics? edit: wait, now I remember you're in the humanities. Hm... critical of Trump or the US? Or a different sensitive topic?

2) are you a German citizen but of xxx descent (like Iranian, Jordanian, Syrian etc, like the countries on the travel ban list)?

3) have you traveled (recently) to countries the US is in war with, or countries affected by the travel ban?

4) is your name on the watch list (not you personally, but perhaps someone who has your name)? or is there a convicted felon/spy/who knows with your name (google?)?

5) have you had trouble in the past obtaining a visa for the US?

Edited October 30, 2017 by DrEllaNJ

[Coco8 1,042]

22 minutes ago, German in UK said:

Well, I'm still waiting...it'll be six months in late November. Absolutely nothing.

 

My new university recently applied for an H-1B petition, which was also approved without any problems. Had my interview at the London embassy on 2 October - the CO told me there and then it was approved and that the O-1 would simply continue to be processed. I was reassured I could travel and work on the approved H-1B and would have my passport back the following week. A week later I get my passport back WITHOUT the H-1B stamp in it - administrative processing. I have no idea what they are finding on their various databases they use, but this is beyond ridiculous.

At this rate they could start your green card. Because the O1 was approved you do not need labor certification, so your green card should be ready for Fall 2019. 

 

Did the senator get back at the university's president? Maybe you should contact one of the senators or both. Your case is beyond absurd.

 

[German in UK 12]

11 hours ago, DrEllaNJ said:

wow, so sorry to hear about your ordeals. trying to help you - please don't feel obligated to reply, but if one of these is the case you may have an answer:

1) are you working on a sensitive topic, like nuclear physics? edit: wait, now I remember you're in the humanities. Hm... critical of Trump or the US? Or a different sensitive topic?

2) are you a German citizen but of xxx descent (like Iranian, Jordanian, Syrian etc, like the countries on the travel ban list)?

3) have you traveled (recently) to countries the US is in war with, or countries affected by the travel ban?

4) is your name on the watch list (not you personally, but perhaps someone who has your name)? or is there a convicted felon/spy/who knows with your name (google?)?

5) have you had trouble in the past obtaining a visa for the US?

Hi! The answer is 'no' to all of your questions, except for #4 - I know that there is a wanted guy (possibly dead by now) who has the same first and last name as me (my name is a very common German name) who is also a German national. I'd guess that we don't share any other biographical details. And surely a name check doesn't take half a year to complete, does it? My research area is early modern English literature. I've never been denied entry to the US - in fact, I visited the US twice earlier this year (campus visit & conference) and have visited the country at least once a year for the last ten years. Was granted a J-1 two years ago - it took altogether three weeks to get the visa. I have absolutely no connections to any of the countries on the travel ban list or any other countries about which the US/the current administration has expressed concern (they are still good with the UK, right?). I don't have a criminal record. What the heck could it be?

[German in UK 12]

11 hours ago, Coco8 said:

At this rate they could start your green card. Because the O1 was approved you do not need labor certification, so your green card should be ready for Fall 2019. 

 

Did the senator get back at the university's president? Maybe you should contact one of the senators or both. Your case is beyond absurd.

 

Yep, one of the senators has been in touch with the London consulate and the Dept of State twice and just received a generic 'AP can't be waived and takes as long as it takes' messages back. No further info. The attorney has written to LegalNet - last I heard, no response yet. I'm not sure my new university can wait until Fall 19 (I'm the new dept chair!) - I'm guessing that I've got until May 18 ( a full year since the embassy interview for the O-1) and then they may just have to let me go into unemployment...

[DrEllaNJ 288]

On 10/31/2017 at 3:18 AM, German in UK said:

Hi! The answer is 'no' to all of your questions, except for #4 - I know that there is a wanted guy (possibly dead by now) who has the same first and last name as me (my name is a very common German name) who is also a German national. I'd guess that we don't share any other biographical details. And surely a name check doesn't take half a year to complete, does it? My research area is early modern English literature. I've never been denied entry to the US - in fact, I visited the US twice earlier this year (campus visit & conference) and have visited the country at least once a year for the last ten years. Was granted a J-1 two years ago - it took altogether three weeks to get the visa. I have absolutely no connections to any of the countries on the travel ban list or any other countries about which the US/the current administration has expressed concern (they are still good with the UK, right?). I don't have a criminal record. What the heck could it be?

wow. I never knew Early Modern English Lit could be so controversial... It could be that person you share a name with, but a simple verification of date of birth could show that you aren't that person.

 

I don't know what else to speculate on... This is so terribly frustrating.

 

How are you keeping busy in the meantime, do you still have a job or is the US university paying you already? It could be an excellent time to get research done, but I know from experience that immigration stress is so all-consuming that it can prevent any research from being done... (I used to be in academia, PhD in French lit)

[German in UK 12]

2 hours ago, DrEllaNJ said:

wow. I never knew Early Modern English Lit could be so controversial... It could be that person you share a name with, but a simple verification of date of birth could show that you aren't that person.

 

I don't know what else to speculate on... This is so terribly frustrating.

 

How are you keeping busy in the meantime, do you still have a job or is the US university paying you already? It could be an excellent time to get research done, but I know from experience that immigration stress is so all-consuming that it can prevent any research from being done... (I used to be in academia, PhD in French lit)

About 3-4 years ago I was admitted 'through the back' a few times and eventually they told me that not only does someone with criminal tendencies share my name but also the DOB. But for the last couple years I've been able to enter as normal again. 

 

I'm working for the dept remotely as best as I can. Far from ideal, but Skype helps a lot. I wonder if I'll ever actually get one of the visas...

[DrEllaNJ 288]

4 minutes ago, German in UK said:

About 3-4 years ago I was admitted 'through the back' a few times and eventually they told me that not only does someone with criminal tendencies share my name but also the DOB.

My guess would be that that's what's holding things up now... Did you or could you apply for a redress number? No idea if that would help... https://trip.dhs.gov/FAQ.aspx

[German in UK 12]

On ‎01‎/‎11‎/‎2017 at 6:49 PM, DrEllaNJ said:

My guess would be that that's what's holding things up now... Did you or could you apply for a redress number? No idea if that would help... https://trip.dhs.gov/FAQ.aspx

No, I didn't, perhaps I should have done. I'd guess that it's too late now that my applications are in the administrative processing loop.

 

Do you (or anyone else) know what happens if I don't received a response within a year of the embassy interview? I vaguely remember reading somewhere that applicants should consider their application as denied if they haven't heard back from the consular officer within a year. Is that correct? (I can't believe that I'm not even talking weeks and months anymore...)

[Coco8 1,042]

10 hours ago, German in UK said:

No, I didn't, perhaps I should have done. I'd guess that it's too late now that my applications are in the administrative processing loop.

 

Do you (or anyone else) know what happens if I don't received a response within a year of the embassy interview? I vaguely remember reading somewhere that applicants should consider their application as denied if they haven't heard back from the consular officer within a year. Is that correct? (I can't believe that I'm not even talking weeks and months anymore...)

No, it is not denied. You might get an email asking if you are still interested. 

 

I know that for spousal visas they sometimes can be one or two years in AP, maybe even more, and every year they have to reply to an email saying they are still interested. This is usually for countries like Iran. Your case is bonkers.

[German in UK 12]

On ‎03‎/‎11‎/‎2017 at 4:34 AM, Coco8 said:

No, it is not denied. You might get an email asking if you are still interested. 

 

I know that for spousal visas they sometimes can be one or two years in AP, maybe even more, and every year they have to reply to an email saying they are still interested. This is usually for countries like Iran. Your case is bonkers.

Thanks, useful to know. Just been freaking myself out by reading about other folks being in AP for a year and longer. I'll be unemployed if that happens to me and my academic career may well be over then. Geez...this smells of a bad mistake...  

[610 0]

Hi @German in UK

 

I was just wondering if you had any update on your visa situations? 

 

I am in a similar situation with my O-1 visa application being in the waiting process, although following the additional processing email, I was informed my petition was being sent back to USCIS with the recommendation to be revoked. 

 

[German in UK 12]

1 hour ago, 610 said:

Hi @German in UK

 

I was just wondering if you had any update on your visa situations? 

 

I am in a similar situation with my O-1 visa application being in the waiting process, although following the additional processing email, I was informed my petition was being sent back to USCIS with the recommendation to be revoked. 

 

Nope, no news at all, but I don’t believe my approved O petition has been sent back to USCIS. At least neither my attorney nor I have been notified that this is the case. I’m in month no. 7 now. Contemplating legal action: contrary to common belief, it is possible to file a lawsuit against the consulate to get a decision. 

[610 0]

I'm sorry to hear you might have to take legal action @German in UK !

 

I remember reading that a senator contacted the Consulate in London for you. Where you able to ring the consulate yourself?

 

I am needing to find out as much as possible as my petitioner is unsure they can wait to hear back from USCIS on what action they will take, following the embassy 'recommending for my petition to be revoked' and sending it back to them.

 

 

[German in UK 12]

1 minute ago, 610 said:

I'm sorry to hear you might have to take legal action @German in UK !

 

I remember reading that a senator contacted the Consulate in London for you. Where you able to ring the consulate yourself?

 

I am needing to find out as much as possible as my petitioner is unsure they can wait to hear back from USCIS on what action they will take, following the embassy 'recommending for my petition to be revoked' and sending it back to them.

 

 

One of the CO senators has contacted the embassy and State Dept three times now and only received generic responses each time (‘still pending, can’t be expedited’). The attorney wrote to Legalnet - no response at all. They won’t talk to the applicant and the legal representatives are being ignored too now. There’s lots of stone-walling. I’d say you need an immigration lawyer to help

you.