Ram_Saran Posted February 13, 2013 Report Posted February 13, 2013 Hello All, Here is my case.Please give me your suggestion Was working on H1B Layed of On Oct 10 2012 My Employer informed to USCIS about my case on October 11 2012 Applied for B2 change of status in Mid of November 2012 Got a Job in end of Jan 2013 The new employer's attorney has filed my petition under Consular processing. He is asking me to go out of country once my petition has been approved and get my new I-194 Please note that he is not asking me to go for stamping...Only to get a new I-94. This is totally new to me that to go out of country only for new I-94. In that case where should i go 1.Mexico(Very near to me) 2.Canada(need to apply for visa) 3.India Please advice me on getting only I-94 on border .. Regards, Ram Saran
rahul412 Posted February 13, 2013 Report Posted February 13, 2013 Please advice me on getting only I-94 on border .. You need to cross the border to get new I94. But if your visa is expired then you need to attend H1 interview for visa stamp
wiweq Posted February 13, 2013 Report Posted February 13, 2013 1. You were out of status between Oct and Nov mid. 2. How can you enter in USA without a visa? 3. If you go for visa stamping, being out of status (1) will create problem.
Ram_Saran Posted February 13, 2013 Author Report Posted February 13, 2013 You need to cross the border to get new I94. But if your visa is expired then you need to attend H1 interview for visa stamp Thank you Rahul, My Visa as well as My I-94 valid till Nov 2014.Hope my new I-94 thing will be a hassle free process Thanks again, Regards, Ram Saran
kewl_guy Posted February 16, 2013 Report Posted February 16, 2013 Someone correct me if I am wrong. Ram saran is not out of status. Usually there is a 2 month grace period you can use after you get laid off, before which you apply for the next status/ (if found new job) same status. Ram Saran applied to B1 within that grace period. How can he be out of status? I think the new employer's attorney is wrong in stating to ask Ram to go out of country for new I-94. Ram Saran, Let us know what is the outcome of your case.
rahul412 Posted February 16, 2013 Report Posted February 16, 2013 Ram saran is not out of status. Usually there is a 2 month grace period you can use after you get laid off, No that's 100% wrong. Their is no grace period in H1B when you are laid off. You are out of status once you are laid off.
t75 Posted February 17, 2013 Report Posted February 17, 2013 There is NO grace period. I am certain the at attorney is far better versed in US immigration law than you are, kewl_guy. OP, Always follow your attorney's instructions.
kewl_guy Posted February 17, 2013 Report Posted February 17, 2013 No that's 100% wrong. Their is no grace period in H1B when you are laid off. You are out of status once you are laid off. If that is the case, then why does the attorney say "no stamping" needed?
rahul412 Posted February 18, 2013 Report Posted February 18, 2013 If that is the case, then why does the attorney say "no stamping" needed? Because OP still have a valid unexpired H1 visa stamp till 2014
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