How to Get Passport Back During Administrative Processing?

I have attended a visa interview for H1b in Ireland in December 2012. The VO kept my passport and told me that he was looking for W2’s to be sent from the employer. He dint mention that
my case is in administrative processing.

Now after a month I received an email saying that my case is still in review. The next  day my employer received an email from the VO asking for all the support documents submitted at the time of filing the petition and also the count of foreign and US citizens working in the company.

My issue now is that I can’t stay in Ireland for long and would like to go to India.

So if i ask for my passport would the VO in Ireland transfer my case to India. Could you tell me how does this process work?

Administrative Processing Passport Retained

During US visa interview visa officer can issues Administrative processing and keep the passport with them while your case is processed. In some instances, visa would be
approved during the interview, but few days later, US visa applicant will be notified about Administrative Processing Passport Kept with them.

What is Administrative Processing?

According to US Dept of State –  Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

Applicants are advised of this requirement when they apply. Most administrative processing is resolved within 60 days of the visa interview. When administrative processing is required, the timing will vary based on individual circumstances of each case. Visa applicants are reminded to apply early for their
visa, well in advance of the anticipated travel date.  I’m aware that you can request the passport back while your US visa application is under Administrative processing.

But, I want to find an official source  from US Embassy. According to US Embassy in US Consulate Shanghai

If you are planning to travel abroad while your U.S. non-immigrant visa application is pending, let the Consular Officer know at the time of your interview that you need to retain your passport. Once a decision is made on your visa application, we will contact you and request you to return your passport to our Consular section.

If approved, your passport with visa will only be mailed back to the address you provided on your mailing label. I cannot comment on if its possible for US Consulate to transfer your case to another Embassy or Consulate.

I doubt that would be possible. Read this Visa Interview Experience of a student – My Son’s Journey to USA ) who got attended Visa interview in UK, got 221g, then traveled to India, received Visa approval while he was in India, flew back to UK to get his passport. Sine, you have completed your interview, you may have to contact the Us Consulate and request your Passport.

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5 Comments

  1. Hi,

    I got stuck in Paris due to 221g. I came here in France for 2 moths to join a training program. So, I thought to get a new H1 visa stamped.

    Therefore, I scheduled a H1 interview last week. During the interview, interviewer asked question about my role, the moment I told my role i.e. ‘Bio Medical Engineer’ he asked my CV which I didn’t have that time. after the interview he kept my passport and returned my I797 and told me that I would get my passport within 5 days. I submitted my CV same day through email.

    it’s been 1 weeks for waiting to get my passport . Now the problem is my European schengen visa is about to expire in coming 2 weeks.

    I don’t know what should I do ? Can I ask my passport back from the consulate without affecting administrative processing?

    or should I wait an another week? How much time it takes to get the passport after requesting?

    Please respond .

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