H-1 B Portability

[subramanya09]

Hi

 

I have a very unique situation and I'm really concerned about it . I was laid off from company A and my last pay stub was 07/26/13 which was a manufacturing company. I jumped to a consulting firm company B and the transfer was applied sep 16th 2013. Meanwhile my original visa petition for H-1b was revoked and a notice was mailed to the employer on Aug 28th 2013. I got an RFE on visa transfer for company B in Nov and I had to respond to RFE by March 2014. In the mean while I found a job back in manufacturing for company C and a transfer was applied in Feb 2014 and we never responded to the RFE on my previous transfer with company B and there was a gap of 24 days as my job ended with company b on Jan31st 2014 and started my new job with company C on feb 24th 2014. There was a RFE again and we responded to the RFE on May 16th 2014 and my status said RFE response review . Meanwhile I was terminated from company C on august 15th 2014 and my I94 expired on Aug 30 2014. I found a new job with company D and they applied for a transfer on sep12th 2014 after my I94 expiry. In the mean time I got RFE again on this transfer asking me to verify my status with companies B and C. We preparing a response and I submitted all docs including pay stubs and W2 along with employment verification letters from Company B and C. They are also submitting Verification letter from my present company and some other docs. I started working for this company as soon as I got the receipt number for my transfer and extension of stay. My lawyer gave a heads up saying I may have to travel to india to renew my I94. I'm really concerned because I was arrested in 2014 for Domestic battery and we entered a plea deal . I was not convicted and I have a fresh charge on domestic again which will dismissed but we're going on trial in 2015 Jan. My domestic on first case was dismissed but I'm on court supervision for Violation of OP. I'm really concerned to travel to home country because of these charges . These charges were because of my ex-wife. Any suggestions would be greatly appreciated as I don't know what my future is going to be like with all these things going on.

 

Thank you

[jairichi]

Your chances of getting a visa are very, very slim as you had been out of status, illegally present in US (Aug 31st 2014 to Sep 12th 2014) and two cases of domestic violence. A plea deal in my opinion is admission of guilt. There is a high possibility that you might not be able to step into US again. Talk to a good immigration attorney.

[JoeF]

Can you please write with line breaks?

Your post is really hard to read. Please structure things. Thank you.

[subramanya09]

@jairichi My corporate attorney already knows my arrest records before apply my transfer. We also submitted charging and disposition docs . Also the new charge will be dismissed which shouldn't be a problem. I want illegal by the as I had a pending petition for transfer and extension of stay at the time of applying for a new petition. Also my attorney already indicated we may have a split decision possibility which is petition approved but extension of stay denied. If that happens all I have to do is go to home country and get visa stamped. All I have to do is carry court documents for interview and POE not a big deal

[jairichi]

@jairichi My corporate attorney already knows my arrest records before apply my transfer. We also submitted charging and disposition docs . Also the new charge will be dismissed which shouldn't be a problem. I want illegal by the as I had a pending petition for transfer and extension of stay at the time of applying for a new petition. Also my attorney already indicated we may have a split decision possibility which is petition approved but extension of stay denied. If that happens all I have to do is go to home country and get visa stamped. All I have to do is carry court documents for interview and POE not a big deal

"Meanwhile I was terminated from company C on august 15th 2014 and my I94 expired on Aug 30 2014. I found a new job with company D and they applied for a transfer on sep12th 2014 after my I94 expiry."

 

The above statement shows that you were illegally present in US from August 31st to Sep 12th 2014. And, since an RFE was never replied for employer B's H1B petition that is also an issue about your status in US.

 

I mentioned that getting a visa is very rare in your case not entry at POE. Well, all I can say you is good luck. Update us about the outcome.

[ashuneel]

Look like OP has multiple violations of H-1B  status.

1. 7/26/13 to  9/16/13   ~ 50 days

2. 1/31/14 to 2/24/14   ~ 24 days

3.8/15/14 to  9/12/14

[ashuneel]

Also not replying to RFE is a violation.

[subramanya09]

Actually RFE was replied on my second transfer to Company C and it was under Response Review . Like my Attorney said it will be approved but split decision is possible. They are not a small firm . They are a very big law firm which deals with H-1 visa's from 50 different countries and also deals with International Labor. I also don't work for some small consultancy I'm a direct hire now for a very big company so I'm really optimistic on my chances. Let's see I'll keep you guys posted. Also if they thought I accumulated Illegal status why would they even give me a RFE to respond on my third transfer.

[subramanya09]

@ashuneel

 

If I had multiple violations of H-1B status why would they give me a RFE to respond not once but three times instead of rejecting my petition right away. The RFE on my third transfer was asking to verify my status from employment with company B and company C. Also when my I94 expired my status was under 240 day attorney general rule as my RFE was under response review.

 

Company C withdrew my application on Nov 8th and two days later RFE was issued on my new transfer with Company D so all I think is my petition is going to be approved with new I94

[subramanya09]

Update in my visa

@jairichi and @ asuneel

 

You guys are nuts and do not know anything about visa issues

 

I had to go to stamping in India because my petition was approved but I94 extension denied

 

Visa Interview

 

Basic questions like what's your position and do you have a client. They did ask me about my arrrests and expalined them why I was arrested. I was issued 221g white for psychiatric evaluation. Once I submitted my reports with my passport at the consulate (hyderabad) I was issued visa in 4 business days

 

POE

 

basic questions and I was asked if I was arrested and I said yes. I was sent to the back office and on the way offiver told me "only if you have violent felonies and drug related aressts it should be a problem otherwise you should be fine"

 

waited for 30mins and I got my passport back with the immigration stamp

 

I took time posting this because I dont want you guys to misguide people on issues like these. It's a matter of someon's future so if you guys don't know the answer don't give out any suggestions . I hope this helps you guys in future. So thank you for your stupid replies without knowing the cases

[pontevecchio]

@OP, please refrain from being impolite. Anger management involves many aspects.

 

@admin, Kindly delete the last post as it involves personal abuse.

[jairichi]

Update in my visa

@jairichi and @ asuneel

 

You guys are nuts and do not know anything about visa issues

 

I had to go to stamping in India because my petition was approved but I94 extension denied

 

Visa Interview

 

Basic questions like what's your position and do you have a client. They did ask me about my arrrests and expalined them why I was arrested. I was issued 221g white for psychiatric evaluation. Once I submitted my reports with my passport at the consulate (hyderabad) I was issued visa in 4 business days

 

POE

 

basic questions and I was asked if I was arrested and I said yes. I was sent to the back office and on the way offiver told me "only if you have violent felonies and drug related aressts it should be a problem otherwise you should be fine"

 

waited for 30mins and I got my passport back with the immigration stamp

 

I took time posting this because I dont want you guys to misguide people on issues like these. It's a matter of someon's future so if you guys don't know the answer don't give out any suggestions . I hope this helps you guys in future. So thank you for your stupid replies without knowing the cases

Appreciate your update. You can call us what you like. Do you think it is going to affect us? We provide opinions and not legal consultations. Remember that first. 

[ashuneel]

OP stated:

we never responded to the RFE on my previous transfer with company B and there was a gap of 24 days as my job ended with company b on Jan31st 2014 and started my new job with company C on feb 24th 2014.

I also don't work for some small consultancy I'm a direct hire now for a very big company so I'm really optimistic on my chances.

 

WE are trying to identify possible issues with visa approval based on your information provided. So, please read replies before commenting and abusing people who are trying to provide advice. Multiple arrests and visa violations are symptoms of more serious ailments affecting OP.

It does not matter which company you work for as long as all paperwork is in order. All businesses are treated equally under law.

[rahul412]

So thank you for your stupid replies without knowing the cases

To know exact details about your case then that person should read your case documents. People in the forum cannot do that, so please your brain before you post anything or contact an attorney.

[JoeF]

To know exact details about your case then that person should read your case documents. People in the forum cannot do that, so please your brain before you post anything or contact an attorney.

 

The OP obviously is a rather immature kid who doesn't understand such basic things.