Return on AP with H1B 221g pending

H

hariprasad77

Registered Users (C)
My wife is stuck in H1B "name check/administrative processing" under 221g. This is because she works in Virology.

She also has AP from my green card application. The Chennai embassy mentioned that she can apply to withdraw her application. However, the name check process cannot be withdrawn. So, the department of state will proceed with this.

Now, they asked us to contact our lawyer about whether she can return on AP. The real question is whether the officer at the port of entry may deny her entry based on this pending H1B 221g “name check”. Does this matter?

Thanks a lot for your help.
-hari
 
The AP, H visa, GC are not 100% guarantee for any one to be readmitted, american passport is. The only advice is if you have pending H and valid unexpired AP, you can use the latter to reenter back with no effect, solely because you just used AP, on the pending H.
 
Ah, well, she has chosen to wait. I got an RFE on my pending EB1 case. We realized that if it got rejected, she will have to face the same hassle (waiting for 3 months) the next time she travels abroad. She has already waited for 2.5 months, so she decided to wait a little longer.
 
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