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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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Old 09-01-2013, 05:47 AM
anxious_desi anxious_desi is offline
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Default H1B Layoff -out of status gap doubts

Here's my situation,
I got laid off while on my second H1b, first one expired in Sept 2012, but extension was filed and i-94 was valid until 2015, but if I understand correctly that becomes invalid when old employer revokes h1.

Last working day: 5/31/2013
New employer filed: 08/22/2013
Approved without i-94: 08/28/2013

So now I need to go to Chennai and get a new H1B stamped and re-enter before commencing work for the new employer. I do plan to talk to HR/lawyers again on Tuesday, but feeling restless until then.

My questions are:
1) Can I go to Vancouver, Canada instead of Chennai? Do I need to have the lawyer file anything like I-824 before I do this?
2) Would I have any trouble at the consulate for the out of status portion of about 2.5 months between 5/31 and 8/22? Anything I can do to reduce/mitigate such issues.

Additional details:
Both employers are Fortune 500 companies.
I worked for first employer straight out of grad school starting as intern for 5 years.
Undergrad degree is also from accredited US university.
Never been out of status or such before on F1 etc.

Any help/suggestions would be greatly appreciated.
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Old 09-20-2013, 10:21 PM
tknishant tknishant is offline
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Default

Considering you got no reply, would you be able to share what you eventually did and how it turned out? I do hope it all turned out well eventually.

Your update will be useful to someone like me, and no doubt many others in similar situations.

Thank you!
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