A brief out-of-status situation / issue? Prior examples?

[ajaysharma]

My last day at A was 9/15. The clowns at my new employer B, for whatever inexplicable reasons, had a break in their internal process and "forgot" to apply for my H1 (keep in mind I had accepted their offer beginning of August and had kept them informed of all my status dates), and they did so finally on 9/16 or 9/17. 

 

I haven't received the USCIS receipt from the lawyers yet, but I've been told to expect it any day now and the date in the receipt could be, say, 9/20. A will also be paying me a regular salary (apart from severance) until 9/30, though they consider end of employment to be 9/15.

 

How much of a big deal is this? It's extremely frustrating to even think of a possibility that I will be penalized for something that was/is completely out of my control and not of my causing.

 

Anyone in a similar boat in the past and how did it turn out? I often see posts seeking advise on similar situation but not having the courtesy to come back and update the end result (I promise to do so)

 

(other details: My H1 visa stamp I have is until Feb 2014, my I-94 is valid until next year March, and I've never, ever had immigration issues for US visas and I've had many in the last decade)

 

-a

[jairichi]

My last day at A was 9/15. The clowns at my new employer B, for whatever inexplicable reasons, had a break in their internal process and "forgot" to apply for my H1 (keep in mind I had accepted their offer beginning of August and had kept them informed of all my status dates), and they did so finally on 9/16 or 9/17. 

 

I haven't received the USCIS receipt from the lawyers yet, but I've been told to expect it any day now and the date in the receipt could be, say, 9/20. A will also be paying me a regular salary (apart from severance) until 9/30, though they consider end of employment to be 9/15.

 

How much of a big deal is this? It's extremely frustrating to even think of a possibility that I will be penalized for something that was/is completely out of my control and not of my causing.

 

Anyone in a similar boat in the past and how did it turn out? I often see posts seeking advise on similar situation but not having the courtesy to come back and update the end result (I promise to do so)

 

(other details: My H1 visa stamp I have is until Feb 2014, my I-94 is valid until next year March, and I've never, ever had immigration issues for US visas and I've had many in the last decade)

 

-a

You should be fine. Do not worry

[rahul412]

How much of a big deal is this? It's extremely frustrating to even think of a possibility that I will be penalized for something that was/is completely out of my control and not of my causing.

I can understand your situation dude. Like I said before, DO NOT JOIN NEW EMPLOYER BEFORE H1 APPROVAL. But it's tooo late for you now.

 

I guess one or two days is not a big deal.

[ajaysharma]

@rahul - not joining the next employer is not an option. My previous employment ended on 15th. It's a matter of whether I start with them on receipt (and they're fine with it) or not - either way I'm not employed with my previous employer.

[jairichi]

@rahul - not joining the next employer is not an option. My previous employment ended on 15th. It's a matter of whether I start with them on receipt (and they're fine with it) or not - either way I'm not employed with my previous employer.

The only option you have now is to start with receipt and also if possible to upgrade to premium processing.

[ajaysharma]

@jairichi - it's been applied under premium processing.

 

 

I guess my question is not so much about my options but any first hand / validated experiences of what happened to others in a similar situation and if it impacted them in any way - that would be helpful to know. 

 

I read many posts but the responses are often speculation as to what USCIS *might do* and not really what actually happened.

[jairichi]

@jairichi - it's been applied under premium processing.

 

 

I guess my question is not so much about my options but any first hand / validated experiences of what happened to others in a similar situation and if it impacted them in any way - that would be helpful to know. 

 

I read many posts but the responses are often speculation as to what USCIS *might do* and not really what actually happened.

A few days will not affect. My opinion. You could always ask an independent immigration attorney for their opinion and that would give you peace of mind.

[rahul412]

@rahul - not joining the next employer is not an option. My previous employment ended on 15th. It's a matter of whether I start with them on receipt (and they're fine with it) or not - either way I'm not employed with my previous employer.

Yes, you can join based on receipt number.

[ajaysharma]

update 1: My petition was submitted on 17th, received by USCIS on 18th. Essentially 2 days out-of-status. Hopefully no repercussions. I have no idea if my previous employer has already revoked.

 

Once I know how things go, I will update again so you know what happens.

[jairichi]

update 1: My petition was submitted on 17th, received by USCIS on 18th. Essentially 2 days out-of-status. Hopefully no repercussions. I have no idea if my previous employer has already revoked.

 

Once I know how things go, I will update again so you know what happens.

2 days. No need to worry at all.

[ajaysharma]

update 2: Petition approved with I-94. Total processing time = 9 days, no RFE.

 

Thank you Jairichi for your positivity. 

 

I didn't expect an issue but you never know - it's not done until it's done. My previous employer is a very reputed corporation and so is my current, and in either case it was not a IT / EVC etc. model (direct employment) so I'd be surprised if something strange happened.

 

I hope others in similar situation can add this as another example that short gaps will perhaps not matter as much in most cases.

 

What will do in the future? As I did not wilfully violate my status, I will mark 'no' (I'll check with attorneys anyway) for status violation BUT I will include a addendum explaining my gap in the interests of disclosure. Really irritating that I have to do this forever going forward!

[jairichi]

update 2: Petition approved with I-94. Total processing time = 9 days, no RFE.

 

Thank you Jairichi for your positivity. 

 

I didn't expect an issue but you never know - it's not done until it's done. My previous employer is a very reputed corporation and so is my current, and in either case it was not a IT / EVC etc. model (direct employment) so I'd be surprised if something strange happened.

 

I hope others in similar situation can add this as another example that short gaps will perhaps not matter as much in most cases.

 

What will do in the future? As I did not wilfully violate my status, I will mark 'no' (I'll check with attorneys anyway) for status violation BUT I will include a addendum explaining my gap in the interests of disclosure. Really irritating that I have to do this forever going forward!

Congrats. Thanks for your update.