Out of status days calculation


sunny19831979

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Dec 10 - My last day at work was

Dec 12 - USCIS emailed me my H1b visa revocation notice

Dec 20 - Since I resigned (had another job offer) my last paycheck was issued the following Friday

Jan 22 - H1b petition was received by USCIS

Jan 27 - H1b petition approved with consular processing ( I need to go to India for h1b stamping)

 

I am still in USA as I wanted to filed and then fly out. I am glad that it got approved in 6 calendar days.

 

In DS - 160: Do I mention that I have been out of status since Dec 10, Dec 12, or Dec 20th? Since my H1b petition is approved now so would my out of status time period be till Jan 26th or as long as I do not leave?

 

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Dec 10 - My last day at work was

Dec 12 - USCIS emailed me my H1b visa revocation notice

Dec 20 - Since I resigned (had another job offer) my last paycheck was issued the following Friday

Jan 22 - H1b petition was received by USCIS

Jan 27 - H1b petition approved with consular processing ( I need to go to India for h1b stamping)

 

I am still in USA as I wanted to filed and then fly out. I am glad that it got approved in 6 calendar days.

 

In DS - 160: Do I mention that I have been out of status since Dec 10, Dec 12, or Dec 20th? Since my H1b petition is approved now so would my out of status time period be till Jan 26th or as long as I do not leave?

You are out of status from the last day of work i.e. Dec 10th to till the date you are leaving US.

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Do you have a valid I-94 for your current employer?

The h1b petition approval notice that my lawyer got electronically has a i-94 number. I am waiting on 797 A. Since they quoted an i-94 number does that mean there will be 1-94 attached to 797 A?

 

If so then do I no need to go to India for h1b stamping even though my lawyer checked requested action on h1b petition as : Notify the office in part 4 (US consulate in India) so I can obtain visa or be admitted?

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The h1b petition approval notice that my lawyer got electronically has a i-94 number. I am waiting on 797 A. Since they quoted an i-94 number does that mean there will be 1-94 attached to 797 A?

 

If so then do I no need to go to India for h1b stamping even though my lawyer checked requested action on h1b petition as : Notify the office in part 4 (US consulate in India) so I can obtain visa or be admitted?

Pls ignore my previous comment. I have the same i-94 number since I got my 1st h1b and that same number was quoted there

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The h1b petition approval notice that my lawyer got electronically has a i-94 number. I am waiting on 797 A. Since they quoted an i-94 number does that mean there will be 1-94 attached to 797 A?

 

If so then do I no need to go to India for h1b stamping even though my lawyer checked requested action on h1b petition as : Notify the office in part 4 (US consulate in India) so I can obtain visa or be admitted?

If your I797 has a valid I94 there is no need to go for stamping.

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