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Hassle to be in out of status in H1B

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I would like to share my experience as it could be of some help. I did my masters from a top university . Got into full time job . Filed my intial h1b in 2014 . I had to resign my job in march 2016 and was out of status for three months . Filed a h1b with a consultancy just to maintain status that too filed it on 89th day with normal processing. Got a new job the following week and they filed it in premium . Got RFE about maintainance of status. Submitted necessary proofs . H1B approved but mentioned ineligible to extend the status because there is a gap in status . Had to go to consular processing . In the rfe response , mentioned that will be able to go to Tijuana Mexico if necessary for consular processing . I797 has information that my file is sent to Tijuana . Booked the slot and went for stamping . No need to have any mexican visa . One day for finger prints , on the main visa interview , asked questions about job , took my passport and told me that they need furthur verification and asked me to check back next day. I didnt get any 221g form . Its just word of mouth . Next day they said everything looks good but passport is not ready . I picked my passport the following day .

Suggestions :

Do not have a gap in H1B status

Do not trust any company or consultancy that says its ok to be out of status

Especially consultants at any cost be on payroll .

Going for stamping to mexico or canada is not easy if you have issues like this.

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Basically what I and others have said for ages. You could just have listened to us ;)


Stay away from shady consulting companies. This "signing up with a consulting company to "maintain status" is never going to work. No company in the world can afford to pay people without the people doing actual work.

And on H1, you always have to get paid. On bench without pay is illegal and the person would be out of status.

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