Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
newguyaustin123

H1b transfer out of status - please advice

Recommended Posts

Hello,
 
I have a question on how to answer the following question on the DS-160 "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?  "
 
Note the sequence:
 
1. My old job was terminated on June 15th, my previous employer didn't pay me from april 15h- june 1st, however i did receive my last paycheck for June1st-June 15. I have a I-140 approved with this employer. They did not revoke their h1b (valid till mid 2018) or the I-140.
2. I left the US on August 14th
3. I found a new employer who is doing by h1b transfer and we applied via consular processing on September 6th
4. USCIS initially sent a RFE related to minimum requirements for the job and the petition was eventual approved
5. I now have to go for a visa stamping and I'm not sure how to answer the question on the DS-160 and address the brief gap. Please advise on what evidence, documentation may help in this case.
 
Thanks
Edited by newguyaustin123
adding more details

Share this post


Link to post
On November 6, 2016 at 9:25 AM, newguyaustin123 said:
Hello,
 
I have a question on how to answer the following question on the DS-160 "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?  "
 
Note the sequence:
 
1. My old job was terminated on June 15th, my previous employer didn't pay me from april 15h- june 1st, however i did receive my last paycheck for June1st-June 15. I have a I-140 approved with this employer. They did not revoke their h1b (valid till mid 2018) or the I-140.
2. I left the US on August 14th
3. I found a new employer who is doing by h1b transfer and we applied via consular processing on September 6th
4. USCIS initially sent a RFE related to minimum requirements for the job and the petition was eventual approved
5. I now have to go for a visa stamping and I'm not sure how to answer the question on the DS-160 and address the brief gap. Please advise on what evidence, documentation may help in this case.
 
Thanks

@jairichi @pontevecchio can you advise? Thanks

Share this post


Link to post

Congratulations!!  What did you fill in response to the question - "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?  "

Thanks!

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×