H1 B Stamping after a Transfer and Out of Status in between


amiyed

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I came to US (H1 B) through company A in October 2012 and have visa till Sep 2013. I joined Company B with H1 B receipt and started working from Jan.

 

The status online in USCIS still showed Initial Review and PP stopped sending a notice explaining the reason. 

 

On March 18, 2013, the 15-day Premium Processing clock stopped on your I129, PETITION FOR A NONIMMIGRANT WORKER. A notice was sent on this date explaining the specific reason for stopping the premium processing of your case. This notice will contain detailed information on further action required by you. Your premium processing receipt notice contains contact information for direct inquiries on your case.

 

I continued working for Company B till April 1st the day the Company got the Denial Notice.
 

Company C applied for H1 B Transfer and got the receipt Notice on April 15th and Approval on April 22nd 2013.

And I have been Working for the same Company C from then on

How many days did I accumulate for Out of Status days? Is it from the Denial Date(April 1st) to the Next Company Joining Date(i.e. May 22nd) ? Or is it from the day of Joining Company B to the day of Joining Company C?

 

Is it advicable to go for Out of Country(Mexico) Stamping? Or Should I go to Home Country?

 

What should be the answer to the below on on DS160 ?

 
"Have you ever been unlawfully present,overstayed the amount of time granted by an immigration official or otherwise voilated the terms of a US visa?", 
 
How to explain this to the visa interview officer?

 

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I came to US (H1 B) through company A in October 2012 and have visa till Sep 2013. I joined Company B with H1 B receipt and started working from Jan.

 

The status online in USCIS still showed Initial Review and PP stopped sending a notice explaining the reason. 

 

On March 18, 2013, the 15-day Premium Processing clock stopped on your I129, PETITION FOR A NONIMMIGRANT WORKER. A notice was sent on this date explaining the specific reason for stopping the premium processing of your case. This notice will contain detailed information on further action required by you. Your premium processing receipt notice contains contact information for direct inquiries on your case.

 

I continued working for Company B till April 1st the day the Company got the Denial Notice.
 

Company C applied for H1 B Transfer and got the receipt Notice on April 15th and Approval on April 22nd 2013.

And I have been Working for the same Company C from then on

How many days did I accumulate for Out of Status days? Is it from the Denial Date(April 1st) to the Next Company Joining Date(i.e. May 22nd) ? Or is it from the day of Joining Company B to the day of Joining Company C?

 

Is it advicable to go for Out of Country(Mexico) Stamping? Or Should I go to Home Country?

 

What should be the answer to the below on on DS160 ?

 
"Have you ever been unlawfully present,overstayed the amount of time granted by an immigration official or otherwise voilated the terms of a US visa?", 
 
How to explain this to the visa interview officer?

 

From the denial date. Answer is YES and tell VO the TRUTH.

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