H1B stamping after being out of status for 60 days.

[halo22]

Hello All,

 

I was laid off on the 31st of December 2015 due to a loss of research funding. After that I applied to multiple research positions in my field, my plan was to stay until the end of January and leave the US before 31st. But I was called for multiple onsite interview during most part of February, due to this I had to stay until the end of February. I left the US on 1st march, 60 days after losing my job. Recently I was offered a position with a renowned research group, they filed for my H1B (consular processing) and sent me the approval notice. Since I do not have H1B visa stamp in my passport I am required to appear for a visa interview at the Mumbai consulate. For my DS160 question about unlawful presence/violation of status question, I have answered YES and gave a brief explanation, does anyone have any experience with this? 

 

I would really appreciate if you guys would share your similar experience or give me your advice for this position.

 

PS: My H1B is cap-exempt and it could only be transferred to organizations that the USCIS recognizes as cap-exempt.  

[halo22]

Would someone please guide/share their similar experience. 

[pontevecchio]

The 60 days will not matter as long as you are factual with regards to any questions. What may delay you is the TAL if you are subject to it.

[JoeF]

Why in the world didn't you file a COS to B2? That would have prevented all this stuff.

They can grill you about it at the consulate.

[halo22]

I had my interview earlier this morning. The VO approved my application after asking simple questions like Job description, salary, qualification etc. The question about "Out of status" never came up. 

 

I just checked my the CEAC website to track my passport. It says "Administrative Processing" is this a default CEAC message? 

[applebunches]

@halo22 - Any update on your VISA processing? I'm faced with a similiar situation and wanted to know how things worked out for you.

[hemanta]

Faced same scenario. Got job offer after 15 days and now waiting for employer to file H1 transfer.

[Praveen Konduru]

halo22,

could you share your contact pls..i am in same boat..

[Praveen Konduru]

I had my interview earlier this morning. The VO approved my application after asking simple questions like Job description, salary, qualification etc. The question about "Out of status" never came up. 

 

I just checked my the CEAC website to track my passport. It says "Administrative Processing" is this a default CEAC message? 

pls share ur contact..i am in same boat

[jeevi]

@halo22.

 

Would you share your experience ? It will be helpful to my situation.

 

Thanks

[newguyaustin123]

Hi @halo22 I am in a similar situation, could you share your contact email so I can get in touch offline? Thanks!