H1B transfer, out of status, URGENT

[SUGARH]

hi, 

my H1B is in process for transferring. 

 

company A - approved H1B, valid by 2014 May. 

company B - started work 7/2/12 with receipt, laid off at 11/16/12. 

                     applied visa was withdrew, and notification at 1/10/13

company C - started work 3/5/13 with receipt, still working. 

                     received two requesting as below. 

         1. qualify for the job - sent job posting which required collage degree

         2. prove sustaining visa status during May 2012~ March 2013 from company A - sent W2 form 2011/ 2012, and explanation about why I don't have pay-sub from company A during the period. 

 

question 

1. is out of status from May 2012 up to now?

2. what would result come out?

3. if my visa doesn't go through, what I need to do for getting approval. can i apply new H1B cap exempt?

 

please help

 

 

[pontevecchio]

It would be incredibly naïve and dangerous not to get a Lawyer involved. Your "transfer" will not go through. You will need to leave and come back with the H1 visa, existing or new. You have to convert to PP.

[SUGARH]

Thank you for replying, I have a lawyer but he haven't advised me any.

So how long am I out of status?

[SUGARH]

Also what is PP stand for? I am not good at shorthand.

[SUGARH]

Thank you for reply, i am not sure what PP stand for? Please advise

[pontevecchio]

01/10/2013 TO 03/05/2013 would be the problem and then on if That is a problem. Convert to PP. Based on the result either leave and come back with the H1 visa or if they approve the transfer, fine. If denied move on.

[pontevecchio]

Premium Processing.

[SUGARH]

Thank you for advising, i was hired at 1/21/13, but lawyer took long time to apply, and I explained that on explanation letter with W-2 form last week of Sept.

So you think I need to convert to primium process(PP), then would it be help to get approval? I am not sure what would I need to convert to PP for, please advise.

Do you think there is no chance to get approval on my transfer? So do you mean I can apply existing H1B or new, then as the result of reapply, i need to leave or stay? Should I do that out side of US? Or I can do that here?

Please advise.

[SUGARH]

01/10/2013 TO 03/05/2013 would be the problem and then on if That is a problem. Convert to PP. Based on the result either leave and come back with the H1 visa or if they approve the transfer, fine. If denied move on.

 

thank you for your advise. 

I submitted explanation letter when I was hired (1/21/13) but it took so long to apply, and attached W-2 form as they requested at end of Sept. 

1. if i converted to PP (premium process), then it would be ok? or is there any potential problem there? please advise. 

 

2. I am not clear on 'Based on the result either leave and come back with the H1 visa or if they approve the transfer, fine. If denied move on.'

does  'based on the result' mean the result of applying existing or new H1B? or this transfer?

 

3. so then there is any change to get approval on my H1B if it is denied?

 

please advise. 

many thank you!!

[pontevecchio]

1. Speak a few sentences to the Lawyer. Remember email is always answered even if the lawyer is a busy one. Ask away your questions and listen/read his reply. If he concurs change the Petition to PP paying the 1250 USD fee and you may get lucky as they are supposed to decide in 2 weeks, one way or the other.

 

2. They may grant your H1 with an I94 in which case you continue to work and all's weel. They may approve the H1 petition with no I94 in which case you leave and return on the H1 visa. A H1 "transfer" is always a new H1 petition filing...non cap.

 

3. Lawyers are subject to discipline. Politely asking questions should yield answers. In future stay away from incompetent companies if possible. I suspect you will be fine if an actual Lawyer is doing the paperwork and not his para legal. Patience is golden. Best of luck.

[SUGARH]

Thank you so much. Hope my visa go through, my lawyer sent papers only what I sent to him as per him. He asked me additional lawyer fee if I need to do something more. Just hope my explanation letter would work and get an approval.

[SUGARH]

1. Speak a few sentences to the Lawyer. Remember email is always answered even if the lawyer is a busy one. Ask away your questions and listen/read his reply. If he concurs change the Petition to PP paying the 1250 USD fee and you may get lucky as they are supposed to decide in 2 weeks, one way or the other.

 

2. They may grant your H1 with an I94 in which case you continue to work and all's weel. They may approve the H1 petition with no I94 in which case you leave and return on the H1 visa. A H1 "transfer" is always a new H1 petition filing...non cap.

 

3. Lawyers are subject to discipline. Politely asking questions should yield answers. In future stay away from incompetent companies if possible. I suspect you will be fine if an actual Lawyer is doing the paperwork and not his para legal. Patience is golden. Best of luck.

 

I got I-797B without I-94, issued at Dec/02/13, my lawyer stop contacting with me saying my case is finished. I am kind of panic right now. 

airfare fee for going back to my country is way to expensive right now,

I'd appreciate if you advise me more. 

 

1. Can I go to Canada for interview unlikely I-797B said my hometown consulate?

 

2. is there any possibility to get denied?

 

3. Do I need to apply H1B for extension again if I don't want to go out of US?

 

thank you for your help.

[JoeF]

What did you do in the last two months?

Talk to a better lawyer.

[SUGARH]

What did you do in the last two months?

Talk to a better lawyer.

 

last two month? do you mean Jan/12 to March/12 or Oct to now?

[madhu418]

hello sugarH,

 

I was in  a similar situation and I went to san yasdiro border and got a new I 94.

 

You current situation is not clear enough to tell if you need a new I 94 and visa stamp too. below was my situation and how i resolved it.

 

h1b visa stamp valid till oct 2015- employer

laid off on aug 12th 2013- employer A

got a job through consultancy compnay B- joined based on receipt on 9/16/13

got another full time offer on oct 11th from company C. 

Company C lawyer suggested to apply H1B transfer in consular process.

applied and got approval. ended my current work at B and then went to Mexico/California border on Dec 11th, explained to IO officer that I need a new I 94 to be able to work for new employer and showed new I 797B. he issued me new I 94 and am starting my work on Dec 16th.

 

going to canada requires a visa and it takes at least 4-6 weeks to get it. so think about that. 

 

if you have a valid visa stamp for atleast 6 months, i would suggest that you either go to mexico either by land or air and return back. if you have too many concerns then I suggest travel to jamica (non neighboring US country) as you dont need a visa being an indian and then come back. 

 

If you dont have Visa stamp, then go to home country and get stamping done.

[SUGARH]

hello sugarH,

 

I was in  a similar situation and I went to san yasdiro border and got a new I 94.

 

You current situation is not clear enough to tell if you need a new I 94 and visa stamp too. below was my situation and how i resolved it.

 

h1b visa stamp valid till oct 2015- employer

laid off on aug 12th 2013- employer A

got a job through consultancy compnay B- joined based on receipt on 9/16/13

got another full time offer on oct 11th from company C. 

Company C lawyer suggested to apply H1B transfer in consular process.

applied and got approval. ended my current work at B and then went to Mexico/California border on Dec 11th, explained to IO officer that I need a new I 94 to be able to work for new employer and showed new I 797B. he issued me new I 94 and am starting my work on Dec 16th.

 

going to canada requires a visa and it takes at least 4-6 weeks to get it. so think about that. 

 

if you have a valid visa stamp for atleast 6 months, i would suggest that you either go to mexico either by land or air and return back. if you have too many concerns then I suggest travel to jamica (non neighboring US country) as you dont need a visa being an indian and then come back. 

 

If you dont have Visa stamp, then go to home country and get stamping done.

 

thank you for your advise. I'm not sure where the consular is at Mexico. can you please advise for me?

also do i have to stop working now?

[JoeF]

last two month? do you mean Jan/12 to March/12 or Oct to now?

Oct. to now.

It looks as if you just sat on your behind and waited. Be proactive. You should have talked to another lawyer in October.

[SUGARH]

hello sugarH,

 

I was in  a similar situation and I went to san yasdiro border and got a new I 94.

 

You current situation is not clear enough to tell if you need a new I 94 and visa stamp too. below was my situation and how i resolved it.

 

h1b visa stamp valid till oct 2015- employer

laid off on aug 12th 2013- employer A

got a job through consultancy compnay B- joined based on receipt on 9/16/13

got another full time offer on oct 11th from company C. 

Company C lawyer suggested to apply H1B transfer in consular process.

applied and got approval. ended my current work at B and then went to Mexico/California border on Dec 11th, explained to IO officer that I need a new I 94 to be able to work for new employer and showed new I 797B. he issued me new I 94 and am starting my work on Dec 16th.

 

going to canada requires a visa and it takes at least 4-6 weeks to get it. so think about that. 

 

if you have a valid visa stamp for atleast 6 months, i would suggest that you either go to mexico either by land or air and return back. if you have too many concerns then I suggest travel to jamica (non neighboring US country) as you dont need a visa being an indian and then come back. 

 

If you dont have Visa stamp, then go to home country and get stamping done.

 

here's other question. 

so then you didn't get visa stamp which your current company name on visa?

what about out of status? how did you answer back to them if you have been ever out of status?

I'm consider to go maxico as you advised. 

thank you

[SUGARH]

Oct. to now.

It looks as if you just sat on your behind and waited. Be proactive. You should have talked to another lawyer in October.

 

i keep working at current company upon receipt at March.

 

My question is if

1. I was out of status during November (laid off from previous company) to March (received receipt and start work)

2. do I violate immigration law?

3. if I was out of status for above 4 months, then I am not qualified to get interview from Mexico nor Canada?

4. Am I still out of status? even i have valid I-94 & previous visa?

5. If i can get interview at Mexico, then I have to submit I-824 form as I-797B said?

 

Please advise. the lawyer I hired never gave me any information I need. seems like he doesn't have enough experience. :(