B2 travel after 221g

[ramjen]

All,

After issuing 221g consulate has returned my petition to USCIS for further review. Will I face any issue at POE if I now travel with a B2 visa (valid) to take care of my apartment and to dispose other stuff?

Thanks in advance.

[hmaster]

On 5/8/2018 at 9:16 PM, ramjen said:

All,

After issuing 221g consulate has returned my petition to USCIS for further review. Will I face any issue at POE if I now travel with a B2 visa (valid) to take care of my apartment and to dispose other stuff?

Thanks in advance.

you mean you have a valid b2 when you applied for H1? If your b2 visa foil is not yet cancelled by consulate, yes you can try and take a risk.

When at POE it's pure luck - I would say 50/50, I am just trying to imagine what the POE Officer is going to ask you. Sure he knows you where there just before on H1. So the first question he is going to ask you is what's your purpose of travel to US. What are you going to say? You can say tourism (even if true), is he going to buy that? 

If you are going to say "take care of apartment and to dispose other stuff" he may or may not find this consistent under B1/B2 classification. It's all pure luck. The problem is that you were on H1 before - its very easy for him to suspect that you might sneak in and apply for COS. Even a doubt in his/her mind is enough to assume immigrant intent and he may revoke your B2 based on that doubt/indication. If he revokes it, you will face issues with future visas cos such revocation could potentially be done under visa fraud category. Again don't find this discouraging, its just pure risk/luck and Poe's Offs perspective on the matter.