221(g)..chennai consulate..have AP..URGENT!!

[Bpositive]

Happy New Year!

My new year begins with another immigration issue..need some urgent advice.

My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.

My wife has an Advance Parole document and EAD based on my I-485 application.

Can you suggest options for her?

1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?

2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?

3. Any other options/advice?

[smisachu]

See my answers below. Best of Luck!!


My new year begins with another immigration issue..need some urgent advice.

My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.

My wife has an Advance Parole document and EAD based on my I-485 application.

Can you suggest options for her?

1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
Yes she can. She need not respond and can travel back on AP. However consult an attorney on how to withdraw the visa application, so the record is straight.

2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
Yes. AP and H1 have no relation to each other. She has an approved H1, so she can enter on AP and still work on H1. This is valid if she withdraws her H1 stamping application, if the visa gets rejected-consult an attorney about the use of H1 after rejection.3. Any other options/advice?[/QUOTE]

[wandmaker]

1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?

If time is not the key then please submit the documents/information requested by consular post. At the worst case scenario, you can very well use AP to re-enter and EAD to continue employment. Get a second opinion with your attorney. Good luck

[vxg]

I asked the same question to my attorney as last time my wife was stuck in name check in H-4 stamping. This time she was on H-1 and I asked the attorney that if she goes for H-1 and H-1 get's delayed or denied can she use AP without affecting the GC and his answer was Yes. The AP should have an approval date before she left the country i.e. AP should be approved while she was in US.
Happy New Year!

My new year begins with another immigration issue..need some urgent advice.

My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.

My wife has an Advance Parole document and EAD based on my I-485 application.

Can you suggest options for her?

1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?

2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?

3. Any other options/advice?

[Bpositive]

Appreciate the responses...my concern was whether a potential H1B denial would cause problems at port of entry when using Advance Parole...

[glus]

Appreciate the responses...my concern was whether a potential H1B denial would cause problems at port of entry when using Advance Parole...

Normally not, unless the IO marks the passport as "inadmissible" for any reason.

[Tshelar]

The consulate usually do need more info if you work for Pharmaceucatical or Biotech company. I work for a Pharmaecutical company and when I had gone for my Visa interview they were very specific to ask me if my work deals in any kind of research in chemicals etc. Since I work in the IT department and has nothing to do with reasearch they did not ask for any more info.
I think your wife should be fine if she furnishes the info that they need.

[sapota]

One of my friends with a Phd in EE had to do something similar at Chennai consulate and had to wait for like a month. I guess Phd + research might trigger such paranoia among Visa officers.

[Bpositive]

I am trying to get a handle on recent 221g processing times..it seems like a routine exercise and we are submitting the requested information..however, if it is delayed for too long, we may use advance parole..

[waitnwatch]

I got my H1-B renewed in November from Kolkata.....I had to submit additional information under 221(g). The consular officer specifically told me that it takes about 2 weeks and that was exactly what it took.

One advice....try to show how your work and expertise has nothing to do any security related stuff. This is of course my own interpretation.

I am trying to get a handle on recent 221g processing times..it seems like a routine exercise and we are submitting the requested information..however, if it is delayed for too long, we may use advance parole..

[casinoroyale]

vxg,

How come they are doing namechecks on women? That is supposed to only for male from 17-45 years of age? Can you please clarify? what is namecheck or TechnologyAlertList (this is the only check they can likely do on women as per my understaning).

What that namecheck on YOU or on your wife?

Thanks.


I asked the same question to my attorney as last time my wife was stuck in name check in H-4 stamping. This time she was on H-1 and I asked the attorney that if she goes for H-1 and H-1 get's delayed or denied can she use AP without affecting the GC and his answer was Yes. The AP should have an approval date before she left the country i.e. AP should be approved while she was in US.

[vxg]

Namecheck is done on everyone applying for any US visa at consulate. There is a database which i think called a lookout system and if you get a hit than you will go through further checks. It happened in 2004 and she has to pay $85 fee give full fingerprints at Delhi consulate and took about 6 weeks to get cleared.

vxg,

How come they are doing namechecks on women? That is supposed to only for male from 17-45 years of age? Can you please clarify? what is namecheck or TechnologyAlertList (this is the only check they can likely do on women as per my understaning).

What that namecheck on YOU or on your wife?

Thanks.

[Bpositive]

Thanks. We are answering the 221g questions. Not clear about the format of the "invitation letter" from the sponsor/employer. Should this be in txt format and in the same document as the answers to the other questions? Or can this be a separate scanned pdf...

Anyone?

[Bpositive]

Thanks. We are answering the 221g questions. Not clear about the format of the "invitation letter" from the sponsor/employer. Should this be in txt format and in the same document as the answers to the other questions? Or can this be a separate scanned pdf...

Anyone?

This thing is driving me crazy...

Do we need to send an invitation letter in a .txt format? How do I send an invitation letter with letterhead and signature in a .txt format?

[waitnwatch]

This thing is driving me crazy...

Do we need to send an invitation letter in a .txt format? How do I send an invitation letter with letterhead and signature in a .txt format?

As far as I can remember this invitation letter part is only applicable if this is the first time someone is travelling to the US to study or work. I donot think this is needed if you have gone from the US to India for a vacation and are trying to get your visa renewed.

This is what I recollect. By the way I think you can send a Microsoft Word Document.

Hope this helps.

[Bpositive]

My wife was on OPT and working off a valid approval notice. It is a first time H1 stamping. She has a Phd in biology and therefore the 221g which includes a 'invitation letter'. The instructions are confusing. On the 221g, it asks for a scanned document and the email ack says send only .txt.