wonderphd

Hi everybody,
I went to the US Consulate London on 4th of May for a J1 visa application. Without surprise, I was placed under the `administrative processing'. I got frustrated after three months of waiting, as I missed my scheduled employment start date. So I do not need this visa any more. Now, I want to withdraw this application, as I am either going to the us with a different sponsor or a different visa. Could any body tell me the correct and perhaps the most efficient way to realise this?

Pulaski

You cannot withdraw a visa application, at least not once you have paid the fee.

You can just ignore it and it will go away on it's own, or you can write and tell the consulate that you are abandoning the application, but it makes no difference either way because every visa application that isn't "approved" is declined. Full stop. There is no other possible outcome. ..... And therefore the declined visa will have to be disclose on all and every future visa and ESTA application - so you might want to consider carrying on with the process if there is a good chance that the visa will be approved even if you don't actually intend to use the visa.

Rete

Curious as to why you were not surprised that it went into administrative processing. Most petitions do as AP can mean that the visa is being processed or that the recipient of the visa is being investigated. Which category do you believe you fell into? Have you tried to follow up on this at all in the 3 months since the interview?

wonderphd

Hi Pulaski, thanks for replying.
I believe that my AP is cleared last week, as I have an updated message asking for my passport. Unfortunately, my previous employer has lost the patience a while ago. Now, I have a new sponsor, which gives me a `flexible' start state, meaning that I can join them whenever it takes to finish the AP. I want to withdraw the pending application because my new sponsor is going to prepare me a H1B visa. Apparently, if I take this J1 visa and do not use it, I am still refrained by the `2-year home country service requirement'. The new contract is three-years... So I do not want to take the J1 visa. My question is really that if I can still proceed to my next H1B visa application while the current J1 visa case has not been closed.

wonderphd

Hi Rete,
I am a physicist. That is the only reason I was put under the AP for my case. I have been to US previously for conferences and was given a AP every time. That is why I was not surprised any more. In the past few months, I wrote to the embassy a few times through the online form to follow up on my case; not a single response was received. I also called the DoS every few days and was given the same answer. As the position related to this visa is very specialised, a delayed arrival will case large trouble to my employers. We split up based on mutual understanding, though the AP was cleared afterwards.

Pulaski

Yes. There is nothing to stop you from having two, or more, concurrent and inconsistent visa applications in process simultaneously.

ian-mstm

Forgive me, but the reason is irrelevant. There's no obligation to send your passport. After about a year, if you don't respond, the file will be summarily closed.


Yes. As Pulaski notes, you can have multiple visa applications and, in fact, multiple valid visas in your passport all at the same time.

However, be prepared to be put back into administrative processing again. This will be a new visa and you'll have to start the process all over again.

Ian

wonderphd

Hi Ian,
Thanks for double confirmation. So I can go ahead for my future visa applications with a hung old one...

Rete

I think what you need to understand is that having the visa in your passport means that you hold such a visa but that visa is dormant until it is activated at the POE before its expiration date.

S Folinsky

I see you are trying to avoid imposition of the 2 Year Foreign Residence Requirement. If you are considering, H-1b, there are other questions to be considered.

It is good that you are being proactive. I don't know the answers, but your question is a good one. Consultation with an experienced immigration lawyer might be in order.

J Craig Fong of Fong & Aquino in Pasadena CA would be a good attorney to consult with.