Lee

Hi all,

I am currently under H1-B and I am currently working in the US. My question is can I
still re-enter the US using H1B visa even if I failed the green card interview at the
US consulate. Thanks!

nj

Manish

Once you reach US consulate for immigrant visa interview your all US( visitor, H1b, O, L P) visa are stamped as rejected in your passport. if you can not clear your interview you can not make it to US again in future that is I know or read from the immigration sources, but if your documents all are Ok that you submitted at time of H1B or for GC and your background and medicals are ok, i do not see any other reason for rejection.But if you submitted any letter of EXP or Degree cerificate that was fake at the time of H1b you are going to be caught and no US entry in future.

Manish

Once you reach US consulate for immigrant visa interview your all US( visitor, H1b, O, L P) visa are stamped as rejected in your passport. if you can not clear your interview you can not make it to US again in future that is I know or read from the immigration sources, but if your documents all are Ok that you submitted at time of H1B or for GC and your background and medicals are ok, i do not see any other reason for rejection.But if you submitted any letter of EXP or Degree cerificate that was fake at the time of H1b you are going to be caught and no US entry in future.

Lee

Thanks!

If you are right, I don't think I will revalidate my H-1B visa with the State
department.

Thanks again!

Thorsten

Manish wrote:
    > Originally posted by Lee:

    > > I am currently under H1-B and I am currently working in the US. My question is
    > > can I still re-enter the US using H1B visa even if I failed the green card
    > > interview at the US consulate. Thanks!

    > Once you reach US consulate for immigrant visa interview your all US( visitor,
    > H1b, O, L P) visa are stamped as rejected in your passport.

Just a bit of personal experience: my H1-B visa was canceled by the consul _after_ I
had successfully completed the "GC interview" at the consulate (more precisely,
placing the stamp "Canceled without Prejudice" was the last thing the consul did
before wishing me good luck in the U.S.

Although I am not an expert on these matters by any measure, my guess would be that
you are still OK to return to the U.S. under your existing H1-B, provided that (i)
the visa has _not_ been canceled, and (ii) you continue to satisfy all H1-B
requirements. Since the requirements for an H1-B and an (employment based?) GC are
somewhat different, I guess it is _possible_ to have a CG application denied and
still qualify as an H1-B holder.

Good luck, Thorsten