H1B Renewal for a different company after a gap


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Mine is a very complicated case. I have joined a compay in 2011 Jan. They have provided H1B, that was issued to me in May 2011. My passport is stamped in Jan 2012. Due to end of project and budget cuts for my company, i lost my job in May 2012. When i check the status of my visa status today, it still says that "We have mailed you a notice on May 5th 2012, that we have approved the petetion".

 

With in two weeks (may 2012) a consultancy hired me and submitted an application to USCIS for the transfer of my H1B. Due to health reasons and other issues i have not joined the company (I do not have medical records for this). They never ran a pay check for me, as i never joined the company. In August 2012, i relized that my medical treatment in US is expensive and i did not have insurance for me, I returned to India. (when i talked to Murthy Law firm, the advocate said that i was not accumulating illegal stay). They have withdrawn my application later. I do not know the reason they have specified and I don't think they will be providing me with the information of the reason they have withdrawn the application as they have spent so much and did not get the candidate for the position.

 

As my health issues are resolved, I am planning to return to US. I have contacted a firm which is interested in hiring me. My worry is whether my application would go thorugh, as I have stayed in USA for 3 months with out pay check in H1B visa and there is a huge gap. (I have been working in India after 2 months of returning.)

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Mine is a very complicated case. I have joined a compay in 2011 Jan. They have provided H1B, that was issued to me in May 2011. My passport is stamped in Jan 2012. Due to end of project and budget cuts for my company, i lost my job in May 2012. When i check the status of my visa status today, it still says that "We have mailed you a notice on May 5th 2012, that we have approved the petetion".

 

With in two weeks (may 2012) a consultancy hired me and submitted an application to USCIS for the transfer of my H1B. Due to health reasons and other issues i have not joined the company (I do not have medical records for this). They never ran a pay check for me, as i never joined the company. In August 2012, i relized that my medical treatment in US is expensive and i did not have insurance for me, I returned to India. (when i talked to Murthy Law firm, the advocate said that i was not accumulating illegal stay). They have withdrawn my application later. I do not know the reason they have specified and I don't think they will be providing me with the information of the reason they have withdrawn the application as they have spent so much and did not get the candidate for the position.

 

As my health issues are resolved, I am planning to return to US. I have contacted a firm which is interested in hiring me. My worry is whether my application would go thorugh, as I have stayed in USA for 3 months with out pay check in H1B visa and there is a huge gap. (I have been working in India after 2 months of returning.)

Should not be an issue.

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Be prepared to pay your medical bills. If they are in collections, they have affected your credit rating and will affect your options for housing, transportation, insurance and even a job. Some companies do credit as well as criminal background checks.

 

Since you were out of status, you may have issues in the future so be prepared.

 

What I find troubling in your story that you knew you were out of status and used your health problems as an excuse for not working and yet did not return to India as required when you lost your job. (Lost job in May, left US in Aug.)

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