Help on 221g, Traveling on AP and H4 Stamping

[Mr_Confused]

Dear Friends,
I am on my 7th Year H1 and got my AP and EAD. I have never gone for H1 stamping before. I finally went for stamping now and I got a 221g - application on Hold: Require further documents". I am planning to get married now and I would like to bring my wife to the US on H4. I have the following questions. Please help.

1. Can I apply for my H1 stamping from another consulate while one consulate has put my application on hold and issued me a 221g?

2. If I do not respond to the consulate with the additional documents they have requested and come back to the US on AP, would they cancel my H1 approval (I-129 approval issued by USCIS)?

3. If I do not respond to the consulate with the additional documents they have requested and come back to the US on AP, would I still be able to apply for H4 visa for my wife just with my USCIS I-129 approval notice while my H1 stamping is in pending status at another consulate?

4. If my H1 stamping application is denied, would my USCIS I-129 approval be revoked or cancelled?

5. If my 129 approval is revoked or cancelled by USCIS because of the 221g, can I apply for a new H1 from the same employer?

6. Is it better to respond to the consulate with the documents they have requested and risk my visa being rejected or is it better to not respond and leave my stamping in pending state?

Please advice.

Thank you.

 

[manwithnoname]

You should be able to enter U.S. on advanced parole and your status as a parolee. Working is not a problem as your EAD is already approved.

My take:
221G is not necessarily a denial - it is under hold for additional processing. I would respond to the 221G query with the necessary documents, to the consulate. Once they are done processing (this may take long) it's better to travel out of the U.S. get the visa stamped and re-enter on H-1.

In addition ot this forum i would suggest you to read Murthy's forum on this topic.