Travel with old h1b visa while waiting on 221g

[shmearsandwich 0]

I’m currently on an H1b visa and travelled to my home country for visa renewal. I was given a blue 221g (administrative processing) and was not asked for additional evidence. They kept my new passport and new i797. I have my old passport with my still current h1b stamp that expires in June. I also have my old i797. I’m wondering if I can reenter the US with my old h1b stamp and old i797 while awaiting administrative processing for the renewal? I would need to collect my new passport from the embassy but don’t know what possible repercussions I could face if I do that and if they would let me reenter the US. 

[Vickys_Mom 230]

I think repercussions is the key point.  It might be that no one notices.  But most people who get a 221(g) aren't allowed to enter the U.S. (or get their visa) until the AP is resolved.

 

It's going to hurt if someone decides you're trying to game the system and revokes your visa, especially if they decide your efforts were with malice and hand you a ban at the same time.

 

In my opinion it's not worth the risk.

 

Regards,

Vicky's Mom

[SalishSea 17,928]

2 hours ago, shmearsandwich said:

I’m currently on an H1b visa and travelled to my home country for visa renewal. I was given a blue 221g (administrative processing) and was not asked for additional evidence. They kept my new passport and new i797. I have my old passport with my still current h1b stamp that expires in June. I also have my old i797. I’m wondering if I can reenter the US with my old h1b stamp and old i797 while awaiting administrative processing for the renewal? I would need to collect my new passport from the embassy but don’t know what possible repercussions I could face if I do that and if they would let me reenter the US. 

No.  If you're under AP for your visa renewal, the old visa would be voided.