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Visa Interview - With Valid Old Visa And 221g

Discussion in 'Nonimmigrant Visa Applications' started by txresearcher, Dec 20, 2014.

  1. txresearcher

    txresearcher Senior Member

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    I was wondering if someone has experienced the following situation - has attended visa interview in Canada or Mexico with an old valid visa that is about to expire and received a 221g for the new application. In this case can you travel back to the U.S. using the old valid visa and wait until 221g has cleared? Any one has done this or know if it is possible? Please note that this question is not related to using AVR which is not possible to use after a visa interview. Thanks for any information you can provide.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may use an "old" visa until it expires. If you are going to Canada or Mexico to apply for a new visa, this is absolutely the best practice. By going before your old visa expires, you are assured of being able to return if you get a 221g refusal.
     
  3. txresearcher

    txresearcher Senior Member

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    Ron, Thanks for your answer. I am planning to go to Canada. Would flying or driving make a difference if I have to return on old visa due to 221g? Last time I was stuck in Canada for 3 months (I think it was TAL, but who knows) so wondering if I should go before expiry (July 2015) or just wait it out (possibility of becoming current around same time next year?? PD is Feb 2011 EB2-India).
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, it won't make any difference.
     
  5. cehlasb

    cehlasb New Member

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    I had a similar question. I currently have a valid H1-B visa from my OLD employer. I traveled to India in December and went in for a visa interview to get a visa stamp through my current employer. However, during the interview I was handed a 221(g) asking for my research, past travel, invitation letter etc. It has now been more than 4 weeks without any update. I have to return to my job as I cannot work remotely.

    Will it be possible to enter the US with the valid H1-B visa from my OLD employer (the VO did NOT stamp the old visa with "Cancelled without prejudice") and the I-797 approval from my current employer, while my application for the new visa is pending under 221(g)? Are there any risks at the point of entry to consider?

    Thanks in advance.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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  7. cehlasb

    cehlasb New Member

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    Thanks for your response. I now understand that I can use the old visa to re-enter. But will my current H1-B visa application undergoing 221(g) have any impact on my ability to re-enter at POE?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You should withdraw it since it is unnecessary.
     
  9. cehlasb

    cehlasb New Member

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    Thanks for your reply. I was waiting till the month end to withdraw, but luckily the AP process was completed by then. I received my passport with my new H1-B (for my current employer) but I noticed that my old and still valid H1-B from the old employer does not have the "Cancelled without Prejudice stamp" This means I have 2 valid H1-B visas in my passport. Is this going to be an issue at POE? I will be presenting my new visa and the I-797 approval notice from my current employer at POE.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, but make sure they use the new one.
     
  11. txresearcher

    txresearcher Senior Member

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    Hi Ron,

    Quick follow-up question on your response. Does one have to withdraw the visa application to return using old visa or can the 221g process continue while returning to US? Sorry, this was not clear from your response. .
     
  12. righttolive

    righttolive Member

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    Ron

    A h1b stamping question. My facts first:
    1. On h1b since 2006.
    2. Same employer but it merged with another bigger firm so name changed
    3. Got mu first h1b stamping in Mexico in 2007
    4. Came to US for Masters in 2003 on F1.

    Is it better I go to india for stamping or Mexico with my situation? I know the question is rather silly but am confused. When in despair over this non-stop melodrama of immigration, one tends to begin questioing the obvious.So appreciate the help.
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If the visa hasn't expired or been cancelled, you may use it for travel while they are processing the background check on the new visa.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    In the future, please start a new thread instead of hijacking an existing thread. It is less confusing for people who are looking for answers if each question is in a separate thread.

    If you are otherwise entitled to H1B status, it doesn't make much difference where you go for a visa revalidation.
     
  15. txresearcher

    txresearcher Senior Member

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    Thanks Ron. As always appreciate the quick reply.
     

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