H1B: Out Of Status; Currently Staying in US; Need Immediate Help!!

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Hi There,


I was working for employer A, went to India for a vacation (family visit after 5.5 years) and H1B visa stamping in month of May 2013. I got my visa stamped till July' 2015. I needed to over stay in India due to unplanned marriage after my visa stamping. This triggered the end client to terminate my assignment with them (two days notice was given to my employer), followed by my employer to withdraw their H1B sponsorship without proper notification after my wife and me returned to USA - 6/20/2013 (As per their company rules, they allow 30 days of Leave Of Absence only. Can get extended with proper superior approvals and continued assignment after extension), brought both me and my wife to out of status. Upon request to my employer A on 07/01/2013, I came to know that my H1B sponsorship was withdrawn on 06/24/2013. Then I started looking for new employer B and end client assignment. Found end client assignments for both my previous employer A and my new employer B. Now both employers i.e. my previous employer A and my new employer B are willing to sponsor my H1B. Below are questions I have and need immediate clarifications/answers.


Note: Currently, my wife and me are staying in US (Out Of Status) with valid H4/H1B visas and valid I-94s.


1. Which employer is consider to be safest i.e. employer A or employer B (Chances of getting H1B approved from USCIS without any issues)?

2. When can I start working for a employer as per H1B portability act/rule? Can I start working immediately after filing H1B with USCIS or should I need to wait till the petition is approved? Please explain the start date for both my previous employer A and my new employer B. 

3. Till what date I'm consider to be Out of Status? Will I be consider in status immediately after filing H1B or I need to wait till my H1B is approved and I-94 is renewed.

4. What is my wife status now? what should I do to get my wife to proper H4 status?

5. Do we need to leave USA immediately and return after everything is settled down?


Any response regarding this would help me greatly.

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You have a problem but might not be as grave as omshiv portrayed.    You are out of status for about 2 weeks or so .  the bigger question is,  did your employer pay you till the last day of employment ?


As for whcih employer is safe,  only you can take that call.  But since your stamping was smooth with Employer A,  I would guess Employer A is safe.


I suggest have your H1 filed under Premium processing (you can pay the PP fee legally)  and wait for approval.   It will most likely be approved or worst ,  approved without COS.    You will then need to go out of US and travel back again using the Visa stamped in your passport and the new Approval. 

For your wife,  file for a H4 along with your H1.


Good luck

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