H1b transfer after out of status-complicated situation


vicrf

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Hello,

I've been out of status since January 3st, but my visa was valid up to October 1st, as well as my I-94.

Before the end of Sptember, a company filed Premium to transfer my H1b.

At the same time, in order not be out of status, it was filed a change of status process to B2 so I could wait for the immigration answer still in the USA.

Is it possible for me to get the transfer without paystubs? Will they ask me to leave the country to get the visa and the I-94 or would that be possible to have a new I-94 here in case the transfer is approved?

Any chance of having the B2 approved in case the h1b transfer is denied?

Thanks

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Hello,

I've been out of status since January 3st, but my visa was valid up to October 1st, as well as my I-94.

Before the end of Sptember, a company filed Premium to transfer my H1b.

At the same time, in order not be out of status, it was filed a change of status process to B2 so I could wait for the immigration answer still in the USA.

Is it possible for me to get the transfer without paystubs? Will they ask me to leave the country to get the visa and the I-94 or would that be possible to have a new I-94 here in case the transfer is approved?

Any chance of having the B2 approved in case the h1b transfer is denied?

Thanks

How can you be out of status? Were you not working from Jan until now? If you were not working you will not be able to get extension and high chance of being asked to leave the US. Also, you will face 10 year ban from entry. You should have filed for B2 before you stopped working in Jan. Were you on maternity leave or something? Even then no state gives such a long maternity leave. Unless you did not stop working until you applied for B2 and H1 at the same time, you should be fine.

Visa is only entry document and even I-94 does not mean much if you were here on H1 but stopped working since Jan. Consult a highly experienced attorney asap although I doubt even they can do anything for you IF you stopped working since Jan. Sorry to break this to you but US immigration is very tough and unforgiving. For your sake, hope you did not stop working since Jan and stayed in the US all this time. Good luck with your process.

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Because I lost my job on January 31st.

I am no expert but I think this will be a big problem for you. What does your attorney say? Post back your experience if you can so others can learn about what happens in such cases. I agree with the above poster that one cannot stay in the US without working if you were on H1B.

If you were on B visa and stayed until your I-94 expires (while visa already expired) then you would still be ok since I-94 will be valid. But for work visa, you need to be working and can't remain in US without working or some form of status change before ceasing working. All the best and do post back if you can.

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  • 4 weeks later...

My H1B process with the new company was approved but without I-94. So I will have to go out, get a new stamp and get back.

Congrats on the approval. Hope you will get stamping which is where they might create a problem due to your overstay. Make sure you consult a good attorney to discuss your case before you leave. Good luck.

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  • 2 years later...

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