12 years in the US, H1B problems, how to revisit and wrap-up?

[gojo123]

Dear Friends,

I am in a bind and need some advice. I have been living in the US for the last 12 years. Recently I returned to India in order to get an initial stamping of H1B visa. I was issued a 221(g) for more information but I am not sure if my employer will help. previously I had been in the US on other types of visas. So, I am concerned that my H1B visa will be denied. In this situation, I will be unable to return back to the US and settle my affairs -- A car, an apartment, furniture, clothing, electronics, books, etc. etc. Not to mention see-off my friends before returning back to India. Do you think it would be possible for me to get a tourist visa to visit the US and settle my affairs, say goodbye to my friends and return back to India?
Over last 12 years I have visited India almost every year
My entire family is in India
I can supply character references from my friends in the US (all US citizens).
What do you think, anybody been in similar situation? What could I possibly do that would help?

[shervin143]

Since you have been living in U.S for the past 12 year, I am sure an immigration petition has been filed on your behalf. In that case, getting a B2 visa will be problem. B2 may very well get rejected on the basis of intention to immigrate. Where exactly are you in your GC process?

[gojo123]

Hi Shervin,

I or nobody on my behalf have filed a GC petition. All these years I have been in the US on different student visas. I know I do not intent to immigrate, I just want to visit my friends there and settle my affairs.

[shervin143]

Well, in that case, you can certainly try to get a B2 visa. If you haven't completed all 6 years in your H1B CAP (H1B + L1 combined), then you can also try to find another employer who can sponsor you a new H1B petition using the CAP from your previous H1B approval notice and request an immediate start date. There is a premium processing that will get you the result within 15 days. Once the petition with the new employer gets approved, you can schedule the visa interview again and try your luck.

Hi Shervin,

I or nobody on my behalf have filed a GC petition. All these years I have been in the US on different student visas. I know I do not intent to immigrate, I just want to visit my friends there and settle my affairs.