Can I withdraw 221g received while stamping for H1-B extension & still travel to US with previous valid visa?

USA H1B Visa
1

Hi,Please help me with the below situation:*Background:*On 24-Feb-2016 I had submitted my passport through dropbox in Visaapplication center in New Delhi for extension of my H1-B visa. After 4 daysI received 221g asking for supporting documents. Later on 8-Mar-2016, I hadsubmitted all the required documents at the same VAC location.*My Current Situation:*1. Since my visa stamping process has been delayed, my client’s business issuffering because of my unavailability in USA.2. I have a valid H1-B stamping on my passport which expires on 15-Sept-2016.3. I have a new approved i797 valid till 28-Feb-2017.*My Question:*Considering the delay in the 221g approval and the loss that my client is bearing due to my absence, I would like to travel to USA at the earliest.So please let me know if I can request the withdrawal of my visa stamping application? And if yes, is it fine to travel to US on my current valid visa stamping(valid till 15-Sept-2016) along with my new i797(valid till 28-Feb-2017) ? Can I face any issues at the port of entry? Is it required to withdraw the application at all? Does withdrawing the application also voids the new i797?Any response will be highly appreciated. Thanks in advance.

2

Do you have your passport w/ you or is it submitted w/ consulate?

3

I have my passport with me.

4

As you have the passport with you, you should be able to travel using that old visa stamp and current petition. I don’t think there is a need to formally withdraw your visa application request. You should also check with your attorney on this.

5

Thanks for your response Saurabh. But what happens when my 221g case is cleared. Since at that time I would be in US, I would not be able to submit my passport to the consulate in India.

6

Nothing happens. Most likely you can ignore it and reappear for fresh stamping next time you travel outside of US.

7

I am really afraid 2 things:

  1. What if the VO at POE gets to know about my running 221g case. Can that be a problem?
  2. And what if the VO asks me the question, that how long do I plan to stay in US? Should I reply-“For the duration that I have valid visa stamp on my passport” which is 15-Sept-2016. Or- “For the duration I have approved H1-B extension petition” which is till 28-Feb-2017?
8

  1. I don’t think it would be an issue as your current visa is perfectly legal to be used until its expiration.

  2. Your intended duration of stay should be governed by 797 and not your visa stamp.

Like I said earlier, talk to your attorney also.

9

Thanks a lot Saurabh for your valuable inputs. I’ll definitely discuss the same with my attorney.