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  • H1B denied - How to reapply?

    Hello,

    I am badly in need of help and advice!

    I’m an Indian working in the U.S. on H1-B. I've been here for a few years on H1. Back in December 2016, when I went to India, I went to renew my soon-to-expire (in Feb 2017) H1-B. I was eligible for drop box and so I dropped off my documents at the office.

    In a few days, I got an e-mail saying my passport was ready for pick-up. My sister picked up the passport on my behalf and I planned to get it from her at the airport before my return flight to the U.S.. When I got the passport, I found out that my visa was denied because my passport was slightly damaged. They had given a blue slip saying that my passport had to be replaced.

    I still travelled to the U.S. despite the denied visa in December as I still had my old visa valid until Feb 2017. They cancelled my old visa at the PoE (cancelled without prejudice) saying that the next time I enter the U.S., I need to have a new visa stamped on my passport. I have been in the U.S. since then without a problem.

    Now, I plan to go back to India next month. I don't know if I should make a new DS160 and do a new application or if I should take the new passport and the blue slip and drop off my documents? I ask because the blue slip was issued back in December, so it's been almost 4 months and I've travelled to the U.S. since.

    What should I do? I am so confused! Any advice is most welcome!

    Edit: I read online that 221g cases are put on hold for a year. So in that case, I believe I should be able to submit my documents and get a result. However, I have got a new I-797 since the last time I applied. Can I submit my new I-797 along with the new passport under the same case? Or, do I need to do a new application?
    Last edited by prasanna1157; 03-25-2017, 10:17 PM.

  • #2
    Originally posted by prasanna1157 View Post
    Hello,

    I am badly in need of help and advice!

    I’m an Indian working in the U.S. on H1-B. I've been here for a few years on H1. Back in December 2016, when I went to India, I went to renew my soon-to-expire (in Feb 2017) H1-B. I was eligible for drop box and so I dropped off my documents at the office.

    In a few days, I got an e-mail saying my passport was ready for pick-up. My sister picked up the passport on my behalf and I planned to get it from her at the airport before my return flight to the U.S.. When I got the passport, I found out that my visa was denied because my passport was slightly damaged. They had given a blue slip saying that my passport had to be replaced.

    I still travelled to the U.S. despite the denied visa in December as I still had my old visa valid until Feb 2017. They cancelled my old visa at the PoE (cancelled without prejudice) saying that the next time I enter the U.S., I need to have a new visa stamped on my passport. I have been in the U.S. since then without a problem.

    Now, I plan to go back to India next month. I don't know if I should make a new DS160 and do a new application or if I should take the new passport and the blue slip and drop off my documents? I ask because the blue slip was issued back in December, so it's been almost 4 months and I've travelled to the U.S. since.

    What should I do? I am so confused! Any advice is most welcome!

    Edit: I read online that 221g cases are put on hold for a year. So in that case, I believe I should be able to submit my documents and get a result. However, I have got a new I-797 since the last time I applied. Can I submit my new I-797 along with the new passport under the same case? Or, do I need to do a new application?
    The old DS 160 is invalid. Fill a new one and rebook the appointment. You may have some explanation to do as to why you still used the old passport in spite if getting a 221 G for it.

    This is my opinion not legal advice.

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