View Full Version : Out of status and H1 stamping

05-25-2011, 01:10 AM
Hi All,
I would like to get some expert opinion on my status.

My Situation

1. I travelled to USA on August 2008 with a L1 visa.

2. On Oct 1 2010, I was approved for H1 with COS.(I was in India when my H1 COS was approved and travelled back to USA on January 2011 with my L1 company itself.)

3. By February 2011, I joined my H1 sponsor.

At that point of time i did not understand that i am back to L1 status as I entered country with my L1 visa. I worked with my H1 employer for 4 months and applied for H1 transfer with a different employer. I have an approved I797B from this H1 transfer. This is when I came to know that my status is still L1 (out of status for working with H1 employer) and I have to travel out of country and come back with H1 stamping.

Now I am in India for my stamping. I understand that i have been out of status for some time.

My questions are,

1. How long am I out of status? (If my out of status period is less than 180 days, will my out of status be over looked).

2. If I was asked about this out of status, is there any meaningful explaination which will help me get my visa?

Any other suggestions will be greatly appreciated.


10-03-2011, 03:06 PM
i came to USA on h1b visa on 2004 and became out of status after that.my passport was valid until 2006 , but by then i was out of status in 2006.so i applied for passport renewal and they gave me new passport with 1 year validity ie upto 2007.then again in 2007 i applied for renewal and they gave me upto 1 year.so from 2006 to 2011 (ie 5yrs) they hae been extending my passport for 1 year until when applied for extension in 2011 they said we cant extend any more and you have to get any status proof or leave the country before my passport expires (dec 2011).

from 2006 to 2010 i have done my passport renewal at indian consulate ,NY.
and i moved to california in 2010 and again applied in 2010 from california and they gave me for 1 year ie upto 2011.now in 2011 when i again tried to apply for renewal they said we cant extend any more as short vality passport duration is only 5 years and i have completed that 5 year period ie from 2006 to 2011.

so what are my options now.should i leave india before my passport expires.is there any way i can get back into status in this country.can i marry a american citizen and get into status.

should i leave this country before my passport expires and if so what question they ask me here while exiting and when i enter india.will i face any problems.

and what if i over stay after my passport expired (dec 2011) and can i go back to india with expired passport.what problems could i face in india if i land there with expired passport.

is there any other way i can sty here with expired passport and marry citizen and try to get in status.do i need a valid passport in order to marry.

i would like to know what should i do now.please help me iam in deep trouble now.