Travel to USA while 221g on H1B

[sandeepsan]

Hi,

Recently I have come to India for H-1B stamping. Unfortunately, I got 221g blue slip with passport back after the interview and I am stuck in India waiting for the administrative process to move on.  I was under F1 OPT before utilizing 180 days extension based on initial OPT EAD card. My STEM OPT extension application is pending so my current expired EAD card is automatically extended until June end.  

My employer is becoming impatient because of 221g delays. I am afraid I might lose my job. I have a valid F1 visa until 2020. Can I enter the USA on F1 status while H-1B 221g is ongoing and utilize remaining OPT period?

Thanks

[sandeepsan]

My STEM OPT extension is approved by USCIS. Can I  travel to the USA on F1 while 221g is pending? I have a valid visa, EAD card, I20 signature, Job-related documents.

Experts on this forum, please let me know your views.

Thanks

[immijam]

On 4/29/2018 at 11:15 PM, sandeepsan said:

Hi,

Recently I have come to India for H-1B stamping. Unfortunately, I got 221g blue slip with passport back after the interview and I am stuck in India waiting for the administrative process to move on.  I was under F1 OPT before utilizing 180 days extension based on initial OPT EAD card. My STEM OPT extension application is pending so my current expired EAD card is automatically extended until June end.  

My employer is becoming impatient because of 221g delays. I am afraid I might lose my job. I have a valid F1 visa until 2020. Can I enter the USA on F1 status while H-1B 221g is ongoing and utilize remaining OPT period?

Thanks

H1B is dual intent visa. Trying to use F1, to re-enter, after demonstrating "dual intent" by applying for H1, is tricky from a visa fraud standpoint. Could go either ways. If visa fraud determined at the POE, there would be a permanent ban from entry. 

Your "intentions" of using the F1 would be scrutinized at entry.  

[veni001]

On 5/9/2018 at 6:57 AM, sandeepsan said:

My STEM OPT extension is approved by USCIS. Can I  travel to the USA on F1 while 221g is pending? I have a valid visa, EAD card, I20 signature, Job-related documents.

Experts on this forum, please let me know your views.

Thanks

What is the start date on H1B? if it has already started, your F1 VISA/Status is no longer valid and can not be use to enter the USA.