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Entering US with visa waiver after just being 221(g) refused H1B visa

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  • Entering US with visa waiver after just being 221(g) refused H1B visa

    I am a Dutch citizin from an Arabic background, and my wife is currently studying in the USA. I was able to get a good appointment in the US, and my employer filed a petition for an H1B visa. After approval from the USA has arrived, I went to the consulate in Amsterdam. After examining my file, they issued me a 221(g) refusal (administrative clearance). Upon asking, she told me that there is an overlap in names, and they wanted that cleared out. To my best guess, she means that in my passport of my original country (which I left 18 years ago), my name was slightly different than in my Dutch passport. She also told me, that it could take months before this is cleared out.

    So that is the situation now. I have been to the USA before on visa waiver program, and never had any problem. My question is, can I use the visa waiver program to visit my wife in the USA, just until the embassy clears this thing out. I have all supporting documents regarding my connection with the Netherlands (employment, salary, etc). I also do not intent to violate any terms of the Visa Waiver Program (I will not start working, or overstay).

    My biggest fear, is that I will be denied entry to the US by a customs officer, and that that could complicate my ongoing H1B visa process, or even future VWP accesses. Please your advice about this.

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