Urgent - Getting Visa Stamped after travelling on AP

[gc750]

Hello Freinds,

I came to India on a vacation and went for a H1 stamping on 29th Dec at the Chennai consulate. I ended up getting the famous Pink 221G (Additional Admin Processing - AAP). I believe it is because of my muslim name (I am not a consultant or working for any consulting firm, full time employee with my comp's IT department, work for a reputed manufacturing company and done MS here in USA, been in USA for 9 years now, had previous F1, and H1 stampings).

The VO asked very basic questions (who is the employer, what they do, where did you go to school, what majors) and didn't take any of my documents except the D156, D157 & Employee letter. She said my visa is approved, however I will have to go through AAP and will have to wait for 4 to 12 weeks.

I am planning to wait till the end of January and if nothing moves ahead in my case, then go back to USA on Advance Parole (Based on the experience from other members who were stuck in 221G and who travelled back on AP), and come back to India once the 221G is cleared, and the consulate requests to send Passport.

One of my personal concerns about this approach, does the consulate consider my visa applicaton abondoned if they find out that I have already entered US (using AP)? and will it have any issues in the future with my pending AOS?

Has anyone gone through this similar situation (that they travelled on AP while H1 is in 221G status) and got successful stamping after the consulate has requested to send the Passport.

Anyone please share your experience in the above situation........

Also if am returning to USA on AP, do I have to show the I797, so the Immigration officer puts the expiration date on the I94 as the date on the I797

Any suggestions will be greatly appreciated.

[sandeepsvln]

In the Same Boat

The same thing happened to me as well in Hyd consulate, I had an F1 and H1 stamping and am in US for past 7 years, on Dec 30, i had been to stamping and the VO asked routine questions and looked at my one year paystubs and then made me wait for 20 mins , he gave me the 221G yellow form and requested info from my company, so i had a chat with a Attny and she said that once you are inside US on AP, your status is changed to be a Parolee and your H1B Automatically ceases to be valid and there is no use in responding to the query, instead she asked me to file for an H1B adjustment and then go for stamping again preferably on a different company, i am trying to find a better way out, keep me posted if you find one.

but i think submitting the documentation is always better and am doing the same.

Hope this helps

- sandeep

[gc750]

H1B Ceasing

Hi Sandeep,

I don't think your H1 is nullified. Infact once you are back in USA, though your status is Parolee, you can still contine working on the same H1B petition, as it acts only as a work permit. Consulate will continue processing the 221G and once ready they do send the notification send the passport for stamping.

I have consulted an online lawyer she recommends that I can travel on AP and any time the consulate wants me to send the passport, revisit India and get the stamping done. That way when I re-enter USA with my newly stamped H1B visa, my status is regained to H1B.

Hope this helps.