What If H1B Visa Administrative Processing for A Long Time?
Updated on 05/03/2023
Administrative Processing means a visa application is being checked by a U.S. consulate. In fact, many types of visa applications are subject to Administrative Processing, while the chance of H1B visa being checked is much higher than other visa categories. Administrative Processing usually takes 2 months. However, the law does not specify how long Administrative Processing must be completed, which results in Administrative Processing time for some visa applications being much longer than 2 months. If you are subject to Administrative Processing and it has been pending for several months, what should you do? You have pushed the U.S. consulate with every effort even contacted a congressman for help, but still useless. Now, we can help you out!
Our successful experience is to initiate federal mandamus litigation.
- What is federal mandamus litigation?
Federal mandamus litigation refers to filing a lawsuit in a federal court with jurisdiction in accordance with Section 1361 of Title 28 of the United States Code for the inaction of the relevant U.S. government agency, requesting the court to order the government agency to perform the corresponding obligations. Mandamus litigation can be applied to various areas of law, including immigration law.
In mandamus litigation regarding H1B visa Administrative Processing, the plaintiff is the H1B employer and the defendant is the United States Department of State, which all U.S. consulates and embassies belong to.
- Can I file federal mandamus litigation immediately after my H1B visa is checked?
Not really. In terms of H1B visa Administrative Processing, the key to winning federal mandamus litigation is to prove that the consulate’s delay has exceeded normal and reasonable time frame. Based on experience, if your H1B visa has been checked for more than 6 months, it is already considered a delay. If it exceeds 10 months, it can be considered as exceeding normal and reasonable time frame. So, if your H1B visa has been checked for more than 6 months, you can try federal mandamus litigation. If it has been delayed for 10 months, the chance of winning the mandamus lawsuit is high.
- If the first federal mandamus lawsuit is unsuccessful, can I re-file later?
Yes.
- How long will my H1B visa application have update after filing federal mandamus litigation?
Once the federal mandamus litigation is filed, the Department of State is mandatory to respond within 60 days, which can be extended another 30 days, so total 90 days responding time. Based our previous practice, it usually takes less than 60 days after filing for the Department of State to process an H1B visa application as long as the H1B Administrative Processing has exceeded normal and reasonable processing time.
- Does it mean that the H1B visa will also be approved if my federal mandamus is successful?
No. The successful result of federal mandamus litigation is just having the U.S. consulate process your H1B visa application immediately. The processing result of the U.S. consulate can be either approval or denial, or require you to provide additional documents and adjudicate the visa application (approve or deny) after you send in additional documents.
- If I win the mandamus litigation, will the U.S. consulate continue to delay my H1B visa application after I provide additional documents?
No. The mandamus litigation will be continued until the U.S. consulate reaches a final decision on your H1B visa application.
- Do I need to inform my existing H1B lawyer if I file mandamus litigation?
It’s not necessary. However, the H1B employer must be informed and employer’s consent must be obtained, as the mandamus litigation must be authorized by the H1B employer.
- Can any immigration lawyer file federal mandamus litigation?
No. Only lawyers who are qualified to appear in federal courts can file mandamus litigation on behalf of the clients. Federal courts have jurisdiction restriction, and it is almost impossible for a lawyer be qualified to appear in every federal court in every district.
- Federal mandamus is litigation again the U.S. consulate. Will this have a negative impact on my H1B visa application?
There is no evidence of any negative effects. We have handled a lot of mandamus cases, not just for H1B visa applications, but for all types of immigrant and non-immigrant applications. There’s no data to show that applications processed through mandamus litigation will definitely be denied.
- What documents are required to file federal mandamus litigation after H1B visa is checked?
Copies of H1B Approval Notice, DS-160 confirmation page, Administrative Processing Notice or email.
- Your office is in California, but my employer is not in California. Can I hire you to file federal mandamus litigation?
Sure. We are a law firm with a network of lawyers in all federal court districts. We have extensive experience and ensure high quality of our services. Our price is very favorable, and we promise to refund half of the attorney fee if mandamus litigation is unsuccessful.
Through DYgreencard.com, no matter where your H1B employer is located, you can get an experienced attorney to help you with federal mandamus litigation at a reasonable price and high success rate. Welcome to contact for free consultation! 888-919-8555, [email protected] or schedule a consultation online!
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