pt2020 Posted June 28, 2015 Report Posted June 28, 2015 Hello, I have a visa interview in New Delhi embassy for a cap-exempt H1b in 3 days and have a few questions about the same.I am a physician and have been in US for last several years on F1, J1 exchange visitor and H1B status. I have successfully completed a 3 years J1 waiver and have an approved I-140 petition with a priority date in 2012. About 4 months ago, I had an unexpected loss of employment while on H1b status for 3+ years. I applied for a I-539 change of status (COS) to B-2 visa within a day of loss of employment requesting that I need to dispose of my personal belongings/car, visit friends and resolve some legal matters that warranted a compulsory physical appearance in a US court 2 months later. I mentioned in my application about my intent to return to my home country eventually in 3-4 months after taking care of these personal and legal matters.Fortunately, I was able to secure another employment in this duration and my new employer filed for a H1b via premium processing. USCIS initially showed that they will wait for a decision on my I-539 COS before approving I-129. Subsequently, my request for COS to B-2 got denied on the basis that a pending I-129 was in direct violation of 'business or pleasure' intent of a B-2 visa and the purpose of this visa is not for securing another employment. I left US 3 days after the denial notice.Now, USCIS has approved my I-129 for H1b and I have scheduled a visa interview with New Delhi embassy for visa stamping. I'm preparing to answers questions related to B-2 denial. 1). Would you advise to be cautious about anything particular in my case?2). With a denied COS application, have I incurred any unlawful presence in US? If yes, that would be about 4 months since I lost my employment and left US 3 days after the denial notice. I was reading somewhere about the 3 years/10 years ban rule for unlawful presence in US. 3 years for unlawful stays over 6 months and 10 years for more than 1 year. No ban on re-entry if unlawful presence was less than 6 months. Is that correct?3). What documents I should carry along for the visa interview? I'm thinking about carrying the complete H1b application filed by my employer, US bank accounts info and court's hearing and decision notice to support the requirement for a mandatory appearance during my stay in US.I would highly appreciate your responses.
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