H1b transfer out of status - please advice

[newguyaustin123]

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

[newguyaustin123]

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

[newguyaustin123]

I just wanted to let folks know that I got my H1b approved, just a couple of questions asked about role and company. This forum has been of immense help as I prepared for my interview!

[Jaihan]

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!