zainnofear Posted July 26, 2014 Report Share Posted July 26, 2014 Hello I would like to seek an advice on my current situation from an immigration expert. I was on H1b visa from Oct 2013 and got the visa stamped when I travelled to India in Decemeber 2013.In april 2014, the HR of my company accidentally terminated me and reported to USCIS without my managers knowledge. I had travel plans in Aug 2014 and I had requested for an employer verification letter. Thats when the HR digged into my file and realized that I have been out status. Me and my manager got to know about this on July 22, 2014 which means I was out of status for almost 90 days but still working and getting paid in the company's payroll.According to the HR this was a clerical mistake and they have applied for a Nunc Pro Tunc requesting USCIS to get me back in status from where it was stopped.They have applied for premium processing and submitted the H1b petition to USCIS within 2 days after they realized this error and discussed with me.So they have terminated me from the company at the moment and asked me to sit at home till USCIS approves my petition. I had travel plans in Aug, 2014 as my brother was getting married. Following are my questions 1)How big of a risk am I taking by traveling to India when my H1-B petition is still pending with USCIS? 2) If I travel before USCIS approves my case, does that mean my petition will be automatically abandoned even though I have a valid h1b visa but no status? 3) Do you think will be safe to travel after the petition gets approved? 4) Is there a provision in which I can travel without affecting my ongoing petition progress which will resume once I come back (advanced parole or emergency travel option)? 5) If you think the risk is too high, then do you think I should not travel until my case is fixed? I want to re-enter the USA without being blacklisted or get in trouble with the immigration officer at the port of entry. I have concerns that I might be at fault in spite of having an approval from USCIS for unlawful presence which is illegal even if I was unaware of the situation. I would like to get educated on the immigration laws and be prepared for the risk I might be taking than to regret later on for taking a wrong decision which I could have had avoided. In any case, I cannot risk with my career at this point. Please advise. I would really appreciate any help from experts. Link to comment
This topic is now archived and is closed to further replies.