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H1B revalidation and 221(g)

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  • H1B revalidation and 221(g)

    I have a question which I could not find in the forum. I have a visa stamp on my passport till june30 2009 with company A. I have transferred to company B and have been working with them for a year. As the visa stamp is expiring I am planning to travel to Canada or Mexico for new visa stamping with company B. I have all the documents i.e. appoval notice for next 3 years etc. My only question is if I get 221(g) for any reason, namecheck is likely due to my background, as they return passport and all documents can I enter back USA if my old stamping is still valid and does not expire. Does anyone know if they actually cancel the old visa while the administrative processing is taking place. I know one can travel with valid visa stamp & I-797 of different employer's as I've done in the past but not sure what happens in under 221(g). Any comments or thoughts are appreciated?

  • #2
    I have a question which I could not find in the forum. I have a visa stamp on my passport till june30 2009 with company A. I have transferred to company B and have been working with them for a year. As the visa stamp is expiring I am planning to travel to Canada or Mexico for new visa stamping with company B. I have all the documents i.e. appoval notice for next 3 years etc. My only question is if I get 221(g) for any reason, namecheck is likely due to my background, as they return passport and all documents can I enter back USA if my old stamping is still valid and does not expire. Does anyone know if they actually cancel the old visa while the administrative processing is taking place. I know one can travel with valid visa stamp & I-797 of different employer's as I've done in the past but not sure what happens in under 221(g). Any comments or thoughts are appreciated?

    ---- Once you get a 221g in Canada?Mexico you are stuck in that country. Your visa may or may not be canceled but the systme at teh border will show your status as they can access your current status and if you have applied ofr a visa

    ---- Thus you will not be able to travel back to US irrespective of the status of the visa on your Passport.

    ---- To be on the safe side travel and apply for a visa in your home country and if you are stuck with a 221g there you can rest at home and wait for the decision from the US Consulate

    ---- It is tough luck many a times, but that is reality

    Subramanya

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    • #3
      Yes Subramanyas advise is correct. Take my case i went for h1 extension in home country as i could not get dates in mex or can and i got 221g. if i was in can or mex may be i would be lucky to get but if not then what ? be prepared for worst (which i didnot think of ) and i am now stuck in india (atleast my home country but not able to enjoy bec of frustrating in waiting)
      Hope this helps...

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