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


mx7

Recommended Posts

Hi,

 

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!!!

Link to comment

Archived

This topic is now archived and is closed to further replies.