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Ram_Saran

Advice needed..Please reply... Regarding H1B Consular Processing

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Hello All,

Here is my case.Please give me your suggestion

Was working on H1B

Layed of On Oct 10 2012

My Employer informed to USCIS about my case on October 11 2012

Applied for B2 change of status in Mid of November 2012

Got a Job in end of Jan 2013

The new employer's attorney has filed my petition under Consular processing.

He is asking me to go out of country once my petition has been approved and get my new I-194

Please note that he is not asking me to go for stamping...Only to get a new I-94.

This is totally new to me that to go out of country only for new I-94.

In that case where should i go 1.Mexico(Very near to me) 2.Canada(need to apply for visa) 3.India

Please advice me on getting only I-94 on border ..

Regards,

Ram Saran

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Please advice me on getting only I-94 on border ..

You need to cross the border to get new I94.

But if your visa is expired then you need to attend H1 interview for visa stamp

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1. You were out of status between Oct and Nov mid.

2. How can you enter in USA without a visa?

3. If you go for visa stamping, being out of status (1) will create problem.

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You need to cross the border to get new I94.

But if your visa is expired then you need to attend H1 interview for visa stamp

Thank you Rahul,

My Visa as well as My I-94 valid till Nov 2014.Hope my new I-94 thing will be a hassle free process

Thanks again,

Regards,

Ram Saran

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Someone correct me if I am wrong.

Ram saran is not out of status. Usually there is a 2 month grace period you can use after you get laid off, before which you apply for the next status/ (if found new job) same status. Ram Saran applied to B1 within that grace period. How can he be out of status? I think the new employer's attorney is wrong in stating to ask Ram to go out of country for new I-94.

Ram Saran, Let us know what is the outcome of your case.

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Ram saran is not out of status. Usually there is a 2 month grace period you can use after you get laid off,

No that's 100% wrong. Their is no grace period in H1B when you are laid off. You are out of status once you are laid off.

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There is NO grace period.

I am certain the at attorney is far better versed in US immigration law than you are, kewl_guy.

OP, Always follow your attorney's instructions.

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No that's 100% wrong. Their is no grace period in H1B when you are laid off. You are out of status once you are laid off.

If that is the case, then why does the attorney say "no stamping" needed?

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If that is the case, then why does the attorney say "no stamping" needed?

Because OP still have a valid unexpired H1 visa stamp till 2014

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