First Visa Stamping in 7.5 years

[random007]

Hello all,

I plan to go in for stamping in a month's time, it would effectively be a change of status from F-1 to H-1.

I need to provide some background though before I can ask my question.

I originally entered the US on an F1 Visa back in August 2007. By September 2008, I was on OPT with an approved H-1 petition for Employer A, due to become valid on 10-1-2008. I was laid off on 9-12-2008 and joined Employer B who filed an Extension of Status H-1 petition on 9-15-2008. Employment with B was a career transition opportunity that didn't pan out and by the time I switched back to what I was doing before it was Jan 2009. Since I was in training and not on contract with any client, B did not pay me until 1-19-2009, which I believe is the first day of their contract with my current client company. The experience letter they have given me also states that I was employed with them from 1-19-2009 to 7-13-2012.

The petition B filed on 9-15-2008 was in pending status for a while and was RFE'd in May 2009, then subsequently denied in June 2009. B appealed right away, but the appeal was denied I think in July 2009. They filed a new petition in July 2009 which was again denied in August 2009. This time, they appealed to the USCIS HQ in Washington, DC, I think which remained in pending status for a long time. They filed a third petition in Jan 2010, which was approved in March 2010. This last approval lasted me until I joined Employer C.

Now when I go in for my stamping, if the Consular officer asks me for documents from my previous employer since I have been with the same client for over four years, I could show them (a) the denial documents, which would indicate that a petition or appeal was pending at one point of time or another (b) the experience letter provided by Employer B © pay stubs from B (d) W-2 documents issued by B.

I don't know if these documents are sufficient however, since they might still wonder

(1) How I continued working for the same client through the two denials? ( I did take a break briefly and B did not pay me in July 2009)

(2) What exactly was my status between 9-12-2008 and 1-19-2009?

(3) Or even more broadly, with my OPT\F1 status expired by 9-30-2008 and my approved H-1 petition with B not until March 2010, was my status questionable during the entire time?

Basically, I want to know if I was out of status at any point without realizing it and how that might affect my visa interview. And if there is anything I can do or say to better explain the situation.

Please advise.

Thank you.

[pontevecchio]

Help yourself and talk to the firm of Murthy or any of your choice.