Does I485 rejection invalidates the B2 Visa ?

[kappian]

Hi,

I have applied for Greencard for my dad and it got rejected because he did not make it to interview. I am contemplating on two options now.

1. Apply I-485 again

2. Have him go to India and come back in his original B2 visa which is still valid

Question is does option 2 work as I heard that he would be banned for 3 years if he leaves now.

* I ignored the option of filing a motion to reopen the case as the date limit is passed.

Thanks for your time.

 

[cap-gap]

Only if he overstayed his authorized presence