H1b in Delhi Stamping after Layoff

[rohitchaubey]

Hi All,

I wanted to share my recent H1b stamping experience after having been laid off without notice (FTE) from my previous company. It was a very tense period of time for me but thankfully, I was able to get it done. 

Here is a brief background of series on events.

Was laid off in Feb 2016. At that time, thankfully I did have a valid visa stamped on my passport (until 2018). Yet, the rule of 60 day grace period in case of layoff was not in place back then. A lot of people suggested that I file for transfer with some consulting company using a fake project. But I have always worked fulltime and I did not want to get into the consulting mess(client letter, employer-employee relationship etc). So I kept applying like crazy and finally was able to crack a full time position. I stayed in US for 63 days without working and then went to Mexico and came back in.

 1)      In my case, I did not have current pay stubs from them when the H1-b transfer was initiated. Thus, the transfer was done without requesting for I-94 extension (I-797b).

2)      My last day of work at my previous company was Feb 2016

3)      I left USA for Mexico in May 2016.

4)      New company filed for my H1b transfer in May 10^th 2016.

5)      The previous I129 petition was revoked by USCIS in May 2016.

6)      I returned to US with OLD visa stamp and the new I-797B

7)     Started my ne wjob in June 2016

8)    My wife however did not travel with me to Mexico and stayed in USA (she is on H4).

9)   Both of us went for stamping in Sep 2017

10) In DS-160, I answered truthfully explaining what had happened. 

10) Used the drop box option and was able to get the new visa stamped

Hop this helps someone.

[JoeF]

It is tough, but certainly better than going with some fraud consulting company, which would have had long-term negative impacts.

Generally, companies don't give advance warnings about layoffs, except in mass layoffs, where they are required by law to do so.

Anyway, thanks for sharing.

[hary536]

Thanks for sharing. 

What would be even more useful is to know in DS-160 how did you explain truthfully? 

Since, I have to take a guess, that the wording would have mattered in your case. 

 

[JoeF]

Having been laid off myself earlier this year, I found that it is important to have your resume up-to-date, and have your LinkedIn profile updated. Also, networking helps. I credit networking and my LinkedIn profile with getting job offers with good companies within 2 months.

[rohitchaubey]

The wordings of filling the DS 160 are in my original post. I simply explained the series of events that happened (as i have put in the post). Nothing more or less. Thats the advice I got from 3 lawyers that I consulted with and all of them suggested similar things. Being truthful and precise.