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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1  
Old 11-30-2010, 11:18 PM
ThisIsSparta ThisIsSparta is offline
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Default H1B -> Out Of Status -> New H1B Approved -> Now what?

Complicated situation.

Came to the US on H1B Visa, 3 years, 2009-2012, with valid I-94.
Got laid off, but didn't leave the country and therefore became "Out of Status".
Stayed out of status for over 1 year.
Applied for new job, got offer, prepared paperwork and applied for NEW H1B (NOT a transfer since I was out of status). Did this through sponsoring company & their attorneys.
New H1B was approved.
Now I have to leave & reentry to get a new I-94, according to the lawyer.
I've heard I might not be able to go to Canada or Mexico and have to go to my homecountry? My attorney on the other hand says all I need to do is leave&reentry without even going through a consulate, just to get a new I-94.

Just want to double check that I'm not making any mistakes by going to Mexico instead of my home country (Italy).

Thanks!
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  #2  
Old 12-15-2010, 06:19 PM
vinoddas vinoddas is offline
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There is always a slight risk in going to a consulate that is not in your home country. They could reject ur application, and you would have to go from that consulate's country to your home country's consulate. That said, I have gone to Canadian consulate in the past and had no trouble. To me the decision is based on how easy it is to get it done at my home country.
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  #3  
Old 12-15-2010, 09:40 PM
a_yaja a_yaja is offline
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Quote:
Originally Posted by ThisIsSparta View Post
Complicated situation.

Came to the US on H1B Visa, 3 years, 2009-2012, with valid I-94.
Got laid off, but didn't leave the country and therefore became "Out of Status".
Stayed out of status for over 1 year.
Applied for new job, got offer, prepared paperwork and applied for NEW H1B (NOT a transfer since I was out of status). Did this through sponsoring company & their attorneys.
New H1B was approved.
Now I have to leave & reentry to get a new I-94, according to the lawyer.
I've heard I might not be able to go to Canada or Mexico and have to go to my homecountry? My attorney on the other hand says all I need to do is leave&reentry without even going through a consulate, just to get a new I-94.

Just want to double check that I'm not making any mistakes by going to Mexico instead of my home country (Italy).

Thanks!
If your H1B visa in the passport is still valid, then you attorney is correct. All you need to do is leave the country and come back. Go to Jamaica (if you are an Indian citizen, you don't need a visa to go to Jamaica for tourism purposes - max stay is 21 days though I think) and have a relaxing holiday for 2 - 3 days and then come back. Just make sure that the CBP officer stamps the I-94 until the expiry of your current H1B and not just till the expiry of your H1B visa. Back in 2002, my friend was in a similar position and she went to Jamaica for 2 days and returned to the US.
I can personally vouch for Jamaica not needing a visa because I was there for a vacation in Dec. 2008.
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  #4  
Old 12-16-2010, 07:14 AM
SGP SGP is offline
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I will suggest, just make sure that your old H1B has not been revoked then leave the country.
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  #5  
Old 12-16-2010, 09:31 AM
uma001 uma001 is offline
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Quote:
Originally Posted by ThisIsSparta View Post
Complicated situation.

Came to the US on H1B Visa, 3 years, 2009-2012, with valid I-94.
Got laid off, but didn't leave the country and therefore became "Out of Status".
Stayed out of status for over 1 year.
Applied for new job, got offer, prepared paperwork and applied for NEW H1B (NOT a transfer since I was out of status). Did this through sponsoring company & their attorneys.
New H1B was approved.
Now I have to leave & reentry to get a new I-94, according to the lawyer.
I've heard I might not be able to go to Canada or Mexico and have to go to my homecountry? My attorney on the other hand says all I need to do is leave&reentry without even going through a consulate, just to get a new I-94.

Just want to double check that I'm not making any mistakes by going to Mexico instead of my home country (Italy).

Thanks!

Sparta,

Not sure which profession are you in? Since you had one year gap in employment, if you go to canda or mexico, at the consultate, they may ask for paystubs for this period or W2s..My friend was out of project for 2 months , he did not have paystubs, At canada, they ask him for paystubs, he could not show and they put a query, he was in canada for two months,visa rejected and went back to India.

Also, I would like to know how did your H1 get approved without any RFEs since you did not have any pay stubs for one year. Also you were not on project. Usually USCIS ask for letter from client and latets paystub for approval of H1.
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  #6  
Old 12-16-2010, 02:32 PM
vavuvya vavuvya is offline
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Default My employer is not giving my approved perm and I-140

Hi All,

My 140 got approved recently and i am in 6th year of my H1b.Now i am planning to move to other employer as my current employer is doing some fraudulent activities.I didn't told my currect employer this thing and i aksed him to send my approved perm and I-140 casually.He is not responding to me and he is not sending them.Can someone help me is there is anyway to get those approved documents.If my new employer apply without having approved 140 i will get H1 for couple of months only.


Thanks in Advance.
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  #7  
Old 12-16-2010, 07:05 PM
permfiling permfiling is offline
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As long as you have a valid H1 visa stamp in your passport from your previous company, you have to go out of the country like canada (Requires a tourist or business visa), mexico, india or bahamas (some guy went on a cruise and came back) to get a new I-94


Quote:
Originally Posted by ThisIsSparta View Post
Complicated situation.

Came to the US on H1B Visa, 3 years, 2009-2012, with valid I-94.
Got laid off, but didn't leave the country and therefore became "Out of Status".
Stayed out of status for over 1 year.
Applied for new job, got offer, prepared paperwork and applied for NEW H1B (NOT a transfer since I was out of status). Did this through sponsoring company & their attorneys.
New H1B was approved.
Now I have to leave & reentry to get a new I-94, according to the lawyer.
I've heard I might not be able to go to Canada or Mexico and have to go to my homecountry? My attorney on the other hand says all I need to do is leave&reentry without even going through a consulate, just to get a new I-94.

Just want to double check that I'm not making any mistakes by going to Mexico instead of my home country (Italy).

Thanks!
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  #8  
Old 12-17-2010, 11:00 AM
India_USA India_USA is offline
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Can the consulate offices check on his old h1b which was in use for only 3 years and question him on his new h1 and the time spent in between? Do these officers have access to check the info?
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  #9  
Old 12-17-2010, 12:52 PM
pd052009 pd052009 is offline
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Quote:
Originally Posted by vavuvya View Post
Hi All,

My 140 got approved recently and i am in 6th year of my H1b.Now i am planning to move to other employer as my current employer is doing some fraudulent activities.I didn't told my currect employer this thing and i aksed him to send my approved perm and I-140 casually.He is not responding to me and he is not sending them.Can someone help me is there is anyway to get those approved documents.If my new employer apply without having approved 140 i will get H1 for couple of months only.


Thanks in Advance.
Hi vavuvya,
Please don't hijack the thread. Open a new thread for your issue.
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  #10  
Old 01-27-2011, 06:53 PM
Robert Kumar Robert Kumar is offline
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Default How much gap is allowed between H1B employers

Legally, how much time is allowed to get the new H1B employer.
Let us say your employer said today that tomorrow is your last day. Sometimes these do happen in these bad times.
So how much time is allowed to find the next one, on H1B-transfer.
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  #11  
Old 01-28-2011, 09:50 AM
ravi98 ravi98 is offline
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Quote:
Originally Posted by Robert Kumar View Post
Legally, how much time is allowed to get the new H1B employer.
Let us say your employer said today that tomorrow is your last day. Sometimes these do happen in these bad times.
So how much time is allowed to find the next one, on H1B-transfer.
Do you have an ead?
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  #12  
Old 01-28-2011, 01:27 PM
Robert Kumar Robert Kumar is offline
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Quote:
Originally Posted by ravi98 View Post
Do you have an ead?
I have an EAD, which I want to keep as a backup option.

To that end, I have one other question.
Is the employer supposed to pay all the time when in EAD, as it is mandatory in H1B case.
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  #13  
Old 02-04-2011, 02:11 PM
vikramWrites vikramWrites is offline
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I am exactly in a similar situation, but my condition is much better. Got a job offer within 15 days of lay-off.

I have a US MBA and was working with a large corporation in finance dept. I was on h1b – which is already stamped on my passport and is valid for 2 more years (2010-2013). My job was pulled-back in Dec. After 15 days, I got a new job. The new employer, which is also a very large corporation took 30 days for background checks and documentation. Now has filed h1b petition through consular processing (premium processing), which has been approved. Now I need a new i-94. I plan to visit Canada and come back with new i-94.

Has anybody been through this kind of process. How was your experience. Is flying to Canada and back better than driving. It is advisable to go to India instead of going to Canada. I do not have an appointment at US consulate because I only need new i-94 (and not visa stamping). Will Canadian consulate have problem because I do not have an appointment at US consulate in Toronto. Can officers at canadian border decline me i-94 and re-entry.

Please share if your advice.


-------------------------------------------------------------
Complicated situation.

Came to the US on H1B Visa, 3 years, 2009-2012, with valid I-94.
Got laid off, but didn't leave the country and therefore became "Out of Status".
Stayed out of status for over 1 year.
Applied for new job, got offer, prepared paperwork and applied for NEW H1B (NOT a transfer since I was out of status). Did this through sponsoring company & their attorneys.
New H1B was approved.
Now I have to leave & reentry to get a new I-94, according to the lawyer.
I've heard I might not be able to go to Canada or Mexico and have to go to my homecountry? My attorney on the other hand says all I need to do is leave&reentry without even going through a consulate, just to get a new I-94.

Just want to double check that I'm not making any mistakes by going to Mexico instead of my home country (Italy).

Thanks!
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  #14  
Old 02-08-2011, 09:17 AM
permfiling permfiling is offline
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U need a visa to go to canada such as a tourist visa or business visa if not going to the consulate. It is better to fly then drive. I heard that if you are going to Tijuana, mexico then you don't need a visa
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  #15  
Old 05-17-2011, 03:24 PM
nimmithomas nimmithomas is offline
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Hi

I got the same situation.
Can you tell me what you have done?
for me i just left US by myself and presently i m in India.
Wanted to go back to US, so let me know about ur case please.
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