CPT to H1b Consular Processing: Visa Interview - Fraud Protection Unit

USA H1B
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1

Hi I have a question:
I was enrolled full-time CPT and worked for a large company. My H1b was approved with consular processing.

When I was interviewed, the VO retained my passport but gave me a notice of 221(g) for administrative processing.

Then after two months, I was contacted by the fraud protection unit at the embassy to provide additional transcript and homework for my CPT. I wonder if anyone has any idea about what will happen next. What I should do instead of waiting? Thanks.

2

Hi @h1bchecked

Which US embassy is it and what kind of response have you submitted?

3

US Embassy in HK. I submitted the transcripts, homework, and some emails between professors and me.

4

Hi @h1bchecked

That should be fine. US embassy is trying to find if you were ‘out of status’ or not.

Did you file your H1B as ‘change of status’ or ‘consular processing’?

Assuming you applied as ‘change of status’, what reason did USCIS give for not approving your application with ‘change of status’?

5

Thank you so much for the reply. The immigration attorney at my company suggested to go for consular processing. I did not even try the ‘change of status’. For ‘consular processing’, the petition was approved without any further RFEs.

I was scared since the email was from Fraud Prevention Unit. I am not sure what unit it is. The administrative processing has been undergoing for more than two months. I am really frustrated and not sure what I can do and how long the AP will last.

6

Hi @h1bchecked

Fraud detection unit can take its own time. You can file ‘writ of mandamus’ and ask US embassy to resolve your case within 60 days.

7

Thanks. My attorney at the company suggested to wait and do nothing. I wonder what the likelihood of visa rejection is at the end. Just a rough estimation should be good. If it is just a matter of waiting time, I will wait for it patiently. Thank you.

8

The visa denial depends on your history and your case paperwork. I cannot blindly just say that it will denied or approved.

If they find any violation in the past, they may deny it. If they can’t find any violation, visa should be approved. Its that simple.

There is no fixed time to get result on it.