Out of Status, Current Stamp Expired, I797 Valid until 09.01.2015


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I was at company A (A Big 4 firm) from July 2010 to September 2012. I have their H1B stamp on my passport which has expired on 09.30.2013.


I left company A and joined Company B (another Big 4 firm) in October 2012. Company B applied for my H1b transfer and I have their I797 which expires on 09.01.2015.


Unfortunately I was laid off from Company B on 09.20.2013 and Company B revoked my Visa on 10.07.2013. My last (most recent) pay-stub is dated 10.15.2013.


I am currently out-of-status. I have managed to get a contract offer from a reputed international bank through a reputed contracting agency. The agency has informed the client (the bank) about my visa status and the client has agreed to wait for the whole transfer/stamping to be completed before I can join. My understanding is that it will be a six month contract with high probability of extension.


The agency’s immigration lawyer has applied for my LCA on 03.11.2014. He said we should receive the LCA in around 7 days after which they will apply for the H1B transfer in priority processing. Once they get the approval notice, I will have to go back to my home country (India), get the new stamp and get back.


The last time I went to get my Visa stamped for Company A, my case was put under Administrative Processing (Pink Slip 221g) and the background check took almost 7 months.


I have the following questions and would greatly appreciate your answers to the same:


  1. How long does the whole LCA and getting the Approval Notice take? Will the out-of-status issue cause any problems in getting these on time?
  2. Do I have to go back to my home country for the stamping if I am out of status? Is it recommended? Can I go to Canada or Mexico?
  3. Will there be any questions about me going out of status during the visa interview? If so, how do I deal with the questions or what should I say?
  4. Considering that I have already gone through a 7 month long Administrative Processing the first time round, how likely/unlikely is it that I might face the same again?
  5. Since I will be working at the bank through the contracting agency, and it is the agency that is sponsoring my Visa, will this cause a problem during the stamping process?


I am really looking forward to your response and greatly appreciate the work you guys are doing to help the people in distress. Thank you so much!!!

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