Legal Question in Immigration Law in California

H1 revalidation returned with 221 g from St. Louis

Hi,

My current status is H1. My previous stamped H1 visa was expiring on Sep 14, 2003. I submitted the new I797 I have from the current company for H1 revalidation. My passport was returned last week with a refusal to revalidate here with the State Dept. They have mentioned that I have to appear in a consulate for personal interview. They haven't mentioned any reason. However, I have doubts it could be because my passport contains visas from Iran and Syria. I have been to these countries for pilgrimage which is common to muslims all over the world. My questions are:

- Is it safe to go out of the country and get visa from a consulate now? I have planned a visit in a couple of weeks. Any ideas if the consulates are taking longer time or refusing visa if anyone has such visas?

- My company has applied for my I-485 two months back. Shall I apply for EAD as a backup plan lest the consulate refuses visa? If I leave in a couple of weeks, can my company apply for EAD and send me the advance parole as plan B?

Thanks so much.


Asked on 11/19/03, 3:08 am

1 Answer from Attorneys
Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: H1 revalidation returned with 221 g from St. Louis

Actually I think leaving the country is a very bad idea. First of all you need advance parole to be approved before you leave or your adjustment application will be considered abandoned.

Secondly, Consular practice is notoriously erratic. You did not mention your nationality but I suspect it's from a high-rejection rate country. To top it all, now Consulates require personal appearance of all applicants and are developing substantial backlogs.

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Answered on 11/20/03, 12:24 am


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