Travel on AP while H1B is pending 221g admin processing

[Bpositive]

My wife is planning to travel on AP while H1B is pending administrative processing after a Chennai Consulate interview. We have submitted the required information but she needs to rejoin work and can't wait beyond our existing travel plans.

Has anyone gone through a similar situation. Should we be having any port of entry concerns?

[alifarhan123]

Hello,

I have the same exact question before I actually go for the stamping. I hope somebody has some kind of info on this one.

[casinoroyale]

As per my reading one can re-enter on AP. But do remember that the CBP officer at the port of entry notices that once case is under security check or something he may create issues. But in general i don't think this is the case. One of my friend who was stuck with security check entered using AP. I know him personally so this is for fact happend.

As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.

But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.

One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?

(not proof reading, plz ignore spelling and grammar mistakes)

[Bpositive]

Appreciate responses...

[Bpositive]

Has anyone gone through a similar experience?

[immig99]

Hi All,

Here is my case , when i went to f1 - h1-b stamping in mexico, they issued me 221-g & asked me to got to india for stamping..( but they allowed me to enter usa)..later i applied for AP & EAD, got both ( recently i got i-140 query)
(RFE due date Mar10)
Here are my doubts:
1. can i go to india & comeback with AP in hand
2. Do i need to wait for my i-140 approval
3. my question is what if my i -140 rejects ??


Appreciate your feedback..

Thanks!!!!!

[gc750]

Did you ever get the reply back from consulate if your visa was approved and did they ask you send the PPT for stamping. Please let me know if that worked out.

I am stuck in the same position. Went for visa stamping and now they have put me on hold for additional admin processing. I do have a valid AP. I am planning on travelling back to USA on my AP and when the consulate sends me mail to send the ppt I am planning to travel back and get the stamping done. But was wondering if my earlier travel on AP is going to abandone the H1 stamping application.

Please post your experience....

[kshitijnt]

Last year my wife's case was put under 221(g) by Mumbai consulate. We abandoned the visa process and she entered using AP. Since then we have used AP twice and given up H1B visa as a first option.

[glus]

Originally Posted by immig99

Hi All,

Here is my case , when i went to f1 - h1-b stamping in mexico, they issued me 221-g & asked me to got to india for stamping..( but they allowed me to enter usa)..later i applied for AP & EAD, got both ( recently i got i-140 query)
(RFE due date Mar10)
Here are my doubts:
1. can i go to india & comeback with AP in hand
2. Do i need to wait for my i-140 approval
3. my question is what if my i -140 rejects ??


Appreciate your feedback..

Thanks!!!!!

I would say the safest way would be to get I140 approved first. If I140 is denied, your I485 is in most cases denied at the same time, and then you become illegal if you are in the U.S. after entering on AP.

[gsk_73]

During my H-1B visa interview at the Delhi Consulate I was told that my Visa is approved but some additional documents are needed. A pink slip, 221(g), was given to me, I submitted all the documents same day. Its been a week and the online status shows 'case is being processed'. I also have a valid advanced parole and I am thinking of entering on AP if the 221(g) takes too long. My question is, the consulate still has my passport, will there be any issues if I ask my passport back? how long does it take to get the passport back? Will the passport be stamped for '221(g) in progress? what kind of issues I can have at the POE? Thanks in advance.

[TeddyKoochu]

Originally Posted by gsk_73

During my H-1B visa interview at the Delhi Consulate I was told that my Visa is approved but some additional documents are needed. A pink slip, 221(g), was given to me, I submitted all the documents same day. Its been a week and the online status shows 'case is being processed'. I also have a valid advanced parole and I am thinking of entering on AP if the 221(g) takes too long. My question is, the consulate still has my passport, will there be any issues if I ask my passport back? how long does it take to get the passport back? Will the passport be stamped for '221(g) in progress? what kind of issues I can have at the POE? Thanks in advance.

Iam guessing that you are a research background person. Normally your case should get cleared in 2-3 weeks. They also look at your travel plans that you indicated on the DS forms (This used to be on DS-157, Iam not sure about DS160) and try to expedite before that. Keep checking the site for bi-weekly updates.

[gsk_73]

Thanks for your response. Yes, I am in biological research. I Hope it does not take longer than 2-3 weeks. Also I see posts for Blue, green, yellow slips and everyone seems to be stuck for long. However there are hardly any cases for Pink slip, WHY?? is it that hardly anyone gets a pink slip or they seems to have less problems so no one bothers to post it here?

[amohale]

Hello,

I had to go to India due to a family emergency (death in family) in middle of my project. I have a new H1B and went for Stamping at Delhi Consulate on Nov 2nd. I got issued a 221G green form, to which I submitted the document requested on same day. 3 business days later I received a email from Consulate with another 221 G green form asking for all the documents. I sent all the documents via VFS on Nov 10th.

I haven't heard back from the consulate yet. In the mean time, my husband used his contacts to approach a congresswoman who has been involved in immigration cases. She has agreed to take my case with the Consulate. But what I am seeing on the forums is that if Congresswoman write letter to the consulate can jeopardize the case by unnecessarily pressuring the Consular.

It has been little over a week I submitted documents and I see that consulate is usually taking 2-3 weeks to respond. Please suggest if I should have the congresswoman write to the consulate or wait for the it to take the natural process and pray for the best?

Any help/suggestion is appreciated.

-Ritu

[waiting4h1]

Hi All,

I need your help. I had H1B stamping visa on Nov 22, 2011 at New Delhi consulate and get green 221g and return my all documents. I have submitted my docs on Dec 6, 2011. Today I came to know that, my case sent back to USCIS for review. I heard, if case sent back to USCIS, will take long to process/approve.

As I did Masters from USA. I have valid student visa till Jun 2014. I am thinking to get admission for Doctorate in same university and travel back to USA on the same student visa. Can I do this? Did anybody did this? Can I leave India while my H1b visa is in administrative processing?

I really appreciate your help. Thanks in advance.