poojapp89 Posted June 4, 2015 Report Share Posted June 4, 2015 Hello, I have a complcated case here. I travelled to usa on an f1 visa in 2008. I got my first H1 in sept 2011 with company A. After this I was laid off in feb 2012. But they reassured me that they would not notify uscis till I file my next petition. Later I filed for my next h1 transfer with an indian consultant company B in April. But due to overload of petitions my h1 reciept itself came back only in june and a month later my H1 was approved. However by then my family back in India needed me to come back due to some conditions that had prevailed and hence i decided to quit work with the company and returned to India in Dec 2012 for good.So in reality I never worked with company B and I also could not gain any H1 documents from them due to my sudden exit. All I have left with me now is my H1 reciept no for company B. Since then I got a job in India with company C. Got married and settled down here. 2 years later in Jan 2015 my current company C filed for my new H1. The petition got approved in April 2015. Now I will be going for my H1 stamping. What could be my chances ahead? Also any help on how to attend the interview questions would be appreciated. Link to comment
jairichi Posted June 4, 2015 Report Share Posted June 4, 2015 If all documents are good there is nothing to worry. Questions will be about you, your employer and job. Link to comment
rforreal Posted June 4, 2015 Report Share Posted June 4, 2015 Have a solid explanation for being out of status for the 4 months that you were in the US after being fired without a valid visa. Carry all the documents you have like W2s, previous visa docs and client letters for the new job. All the best. Link to comment
poojapp89 Posted June 5, 2015 Author Report Share Posted June 5, 2015 If all documents are good there is nothing to worry. Questions will be about you, your employer and job. Thank you for your reply. I have all the documents related to my current employer. Have been working with them for almost 3 years now. However my only concern again is company B whose documents I do not have except the H1 reciept no. and offer letter. I do have all documents for company A. I was technically out of status for just around 3 months though. Also do you have any idea if the status gets reset after coming back to India. This is a fresh petition from company C. Please guide me through this. Link to comment
jairichi Posted June 5, 2015 Report Share Posted June 5, 2015 Thank you for your reply. I have all the documents related to my current employer. Have been working with them for almost 3 years now. However my only concern again is company B whose documents I do not have except the H1 reciept no. and offer letter. I do have all documents for company A. I was technically out of status for just around 3 months though. Also do you have any idea if the status gets reset after coming back to India. This is a fresh petition from company C. Please guide me through this. Since employer C filed a petition in January 2015 it is a cap exempt H1B petition. Only if a cap subject H1B petition was filed after you stayed outside US for 1 year your H1B clock gets reset. Now, you will have only 6 years - time spent in US on H1B status. Carry all documents related to employer C. If asked about being out of status answer truthfully. Good luck. Link to comment
poojapp89 Posted June 5, 2015 Author Report Share Posted June 5, 2015 Since employer C filed a petition in January 2015 it is a cap exempt H1B petition. Only if a cap subject H1B petition was filed after you stayed outside US for 1 year your H1B clock gets reset. Now, you will have only 6 years - time spent in US on H1B status. Carry all documents related to employer C. If asked about being out of status answer truthfully. Good luck. Thanks for your reply.Appreciate it. so in DS-160, I should say Yes for the question regarding unlawful presence, overstay or any other violation? Link to comment
poojapp89 Posted July 3, 2015 Author Report Share Posted July 3, 2015 Hello everyone, To bring this thread to a closure, I would like to let all of you know that my visa interview was successful. The vo did not ask any questions regarding the out of status period. Infact she only asked about the company name, designation, duties, and salary. No documents were asked. Recieved the visa stamped today. A big thank you to each of you at the forum for all the help and support. This is indeed a great forum for the right kind of information. Lastly for all people in the oos boat, there is hope if all your documents and current employer information is perfect. Good luck and cheers! Link to comment
jairichi Posted July 4, 2015 Report Share Posted July 4, 2015 Hello everyone, To bring this thread to a closure, I would like to let all of you know that my visa interview was successful. The vo did not ask any questions regarding the out of status period. Infact she only asked about the company name, designation, duties, and salary. No documents were asked. Recieved the visa stamped today. A big thank you to each of you at the forum for all the help and support. This is indeed a great forum for the right kind of information. Lastly for all people in the oos boat, there is hope if all your documents and current employer information is perfect. Good luck and cheers! Congrats. Thank you for the update. Link to comment
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