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Urgent: H1-B suspended, given 221g-- can I enter USA with H1B approval

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  • Urgent: H1-B suspended, given 221g-- can I enter USA with H1B approval

    Hi All,
    Here is my scenario
    F1-OPT-H1B
    Went to Ottawa to get H1-B visa. Given 221g (reason: Interagency Clearence needed.. common last name)
    Visa Officer told it may take 4 weeks to 4 months.
    I am also a Canadian PR and my husband is a canadian citizen, lives in Toronto.
    Now can I enter USA via Buffalo or Kingston with my Passport (expired Student Visa), with H1-B approval (the H1B approval also contain a I-94)
    Please help.
    Is H1-B approval letter is suffient to attempt to enter USA?
    Is it a good idea to attempt to enter USA with this?
    What will be the consequence if they find out I am trying to enter USA though I do not have proper visa?
    Please help
    Thanks in advance.
    Regards

  • #2
    No, do not attempt to enter. Unless the consulate has given you some type of temporary parole type letter to enter, you should not enter.

    If denied entry, you will carry that burden for all future immigration related paperwork and have to be mentioning it everywhere.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      What on earth are you thinking!

      You posting this obviously illegal scheme to enter the US is good reason why you should be denied the security clearance.

      Comment


      • #4
        Amazing thought! Looks like you want to get adventurous... try one of those sports, dont play with immigration! Why do you think that US consulate and PoE/CBP are different? If consulate has denied you visa (temporarily though), CBP/PoE WILL deny you entry (until cleared). Moreover, you do not have a visa to enter!!?? An approved petition is no good to attempt to enter, you need a visa. I-94 is a departure record that you should have surrendered when leaving US. Its of no use now.

        Comment


        • #5
          Thanks for the advise

          Hi All,
          Thanks for the advice. I really appreciate it.
          Originally I was thinking whether I can go to the boarder and request them whether I am admissible with H1B approval letter. But thanks to your information, now I know it is NOT possible as the H1B approval letter is NOT the visa to enter.
          The I-94 that comes with the H1B can ONLY be used after the visa has been approved.
          Thanks again for your advise.
          Regards.

          Comment


          • #6
            Originally posted by sk70
            Originally I was thinking whether I can go to the boarder and request them whether I am admissible with H1B approval letter.
            This was possible prior to 9/11. Some border posts have allowed this even later on but with a letter ffrom the consulate saying so. You could try with the 221g document from the consulate but it is risky.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              Re-enter to USA on valid E3 visa

              Hi All

              I attended consular interview for E3 Visa and VO gave me 221(g) white and said i will get email within a week. After 1 week i got email from them(After i called them so many times for the update) asking for my end client supervisors contact details, which i have provided on the same day.But there is update on y visa status and ni reply for my email as well.

              My question is Can i re-enter into usa with my current valid E3 visa stamping which is valid till 2018 as my passport is with me and come back to submit the passport when the department asks me to do so.

              As I left my family in USA and i am currently staying in canada and my client might not allow me to work remotely any more.

              Will I be denied entry at boarder(I will be driving through boarder - not flying)

              Please suggest me on this as it would be helpful for me in so many ways.

              Comment

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