221 - G and visa stamping

K

kiy_karoon

Registered Users (C)
Guys,
I have been in the US for the last 6 years. I went there on B1/B2 - F1 - H1B. At present my 140 is approved and I - 485 is pending. I came to India to visit family and get my FIRST H1B stamp. I never came out of US all these years. I have an earlier Masters from the USA.

When I went to the Consular, he refused me the H1B on 221 - G grounds. He said we will contact the DC for more information on your case and get back to you in two weeks.

I am scheduled to fly with in 10 days and have ADvance Parole with me. My question is can I use my AD to tarvel since my I - 485 is pending in US. What if POE if they notice that I was refused H1B 10 days ago?

MAny thanks for your reply. Please help me with the insight and expereinces.

KK
 
kiy_karoon said:
Guys,
I have been in the US for the last 6 years. I went there on B1/B2 - F1 - H1B. At present my 140 is approved and I - 485 is pending. I came to India to visit family and get my FIRST H1B stamp. I never came out of US all these years. I have an earlier Masters from the USA.

When I went to the Consular, he refused me the H1B on 221 - G grounds. He said we will contact the DC for more information on your case and get back to you in two weeks.

I am scheduled to fly with in 10 days and have ADvance Parole with me. My question is can I use my AD to tarvel since my I - 485 is pending in US. What if POE if they notice that I was refused H1B 10 days ago?

MAny thanks for your reply. Please help me with the insight and expereinces.

KK
Click to expand...
Yes. you can re-enter US using Advance Parole. Even if officer at POE notices your H1-B rejection in passport, legally you are allowed to enter into country since you are in pending adjustment of Status. I don't see any issues.
 
Thanks buddy-

Thanks dygingforgc for your respone. Since Consulate have aske dme to wait till they call me for intreview, shoudl I wait for them to call me or just fly using my advance parole?
Thanks again.
Does anyone else has a similar expereince?
IK
 
kiy_karoon said:
Thanks dygingforgc for your respone. Since Consulate have aske dme to wait till they call me for intreview, shoudl I wait for them to call me or just fly using my advance parole?
Thanks again.
Does anyone else has a similar expereince?
IK
Click to expand...

It's upto you if you want to stay back and wait for consulate to call you for an interview. Either way, you are safe to re-enter to US.
 
kiy_karoon said:
Guys,
I have been in the US for the last 6 years. I went there on B1/B2 - F1 - H1B. At present my 140 is approved and I - 485 is pending. I came to India to visit family and get my FIRST H1B stamp. I never came out of US all these years. I have an earlier Masters from the USA.

When I went to the Consular, he refused me the H1B on 221 - G grounds. He said we will contact the DC for more information on your case and get back to you in two weeks.

I am scheduled to fly with in 10 days and have ADvance Parole with me. My question is can I use my AD to tarvel since my I - 485 is pending in US. What if POE if they notice that I was refused H1B 10 days ago?

MAny thanks for your reply. Please help me with the insight and expereinces.

KK
Click to expand...

Hi kiy_karoon,

Can you please answer following questions:

1. Where are you right now, in India or US?
2. Have you entered using AP while your 221(g) was pending?
3. Any questions at POE?

I am in similar to your situation. I have received 221(g) while I applied for H1 visa re-validation with in US in July 2004 and since then never left US. I will get AP very soon. I am planning to visit India soon after my AP gets approved. I am also planning to visit for H1 stamping at Mumbai consulate. In case, if I receive 221(g) for H1 then I want to travel using AP. That's why I am asking above questions.

Thanks,
 
So did u go to India after getting your AP ?
How was your Consulate interview ?
Please share I am in a similar situation.
I had got 221g when i applied for my visa in US and have never visited India since then. \
I am planning now since i have got my AP.

thanks..LOki.
 
You must log in or register to reply here.
Top