Laid Off twice on H1B in 2015

[sagarvakil5]

Hello,

 

I got my H1B stamping done in January 2015 and came back to USA. I as laid off by Employer A in February.

 

I found a new job in April end and my new Employer B filed for my H1B with premium processing. I was asked by my company B lawyer to start working based on H1B receipt. I got an RFE and finally got my H1B approved with I-94 in June. So far things were good and I continued to work for Employer B as USCIS approved my H1B petition with I-94 and I didn't have to leave US for stamping. ( Paystub gap - 57 days )

 

I again got laid off in October 2015 by employer B. I have got a new job and my employer C has filed for premium processing of my H1B. However, employer C does not want me to start working till H1B is approved. I got an RFE and attorney has requested for Consular processing. ( Paystub gap - 22 days )

 

I have following questions :

 

1) DS 160 has a question about illegal stay in US - will the answer be a yes or no ?

 

2) My I-94 has not changed after first layoff, will it create a issue in VISA Interview since I was laid off twice ?

 

3) I qualify for VISA interview waiver program. Is it advisable to just drop off documents and not actually go for an interview?

 

4) I have all valid documents, necessary background and job in a related field. I perfectly meet all H1B requirements and my company has a good reputation. As I have been laid off twice and stayed in US, will it affect my Interview ?

 

Thanks

Sagar

[jairichi]

1. No.

2. No.

3. You can opt for drop box.

4. No.

[sagarvakil5]

Hello Jairichi,

 

Thanks a lot for your reply.

 

Can you please elaborate on the first question? The exact question on DS-160 is as follows :

 

Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? 

 

Thanks,

Sagar

[jairichi]

Hello Jairichi,

 

Thanks a lot for your reply.

 

Can you please elaborate on the first question? The exact question on DS-160 is as follows :

 

Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? 

 

Thanks,

Sagar

You were out of status and not unlawfully present. Your answer is NO.

[JoeF]

You were out of status and not unlawfully present. Your answer is NO.

Actually, the answer is Yes, because he "otherwise violated the terms of a US visa." Having been out of status means he violated the terms of the H1.

[jairichi]

Actually, the answer is Yes, because he "otherwise violated the terms of a US visa." Having been out of status means he violated the terms of the H1.

Apologies. You are correct.

[jairichi]

Actually, the answer is Yes, because he "otherwise violated the terms of a US visa." Having been out of status means he violated the terms of the H1.

Apologies. You are correct.

[SAAM123]

I have a question on the denial notice that I received from USCIS for my H1B Transfer. 

 

Please read carefully the para below:

 

For sure the denial is for filling the H1 transfer petition after being out of status for a month.

 

Denial Notice mentions: Failing to maintain valid non immigrant status or remaining in the united states beyond the expiration of non immigrant status will effect the beneficiary's ability to return to the united statesin the future. If the date listed on the Form I-94 has already passed, this notice of decision leaves the beneficiary without lawful immigration status and the beneficiary is hereafter present in the united states in violation of the law and is required to depart the united dtates immediately.

 

* I-94 Valid for another 2 years.

 

* The notice is dated on 1st october and I left to my country right after a week, that is, the moment my employer received and        sent this notice to me.

 

Questions:

 

 

Question 1) What are my chances of getting the petition approved through a different employer, while I'm in my country and getting H1 stamped for the unused period under CAP Exempt ?

 

Question 2) While I understand that I was suppose to leave the moment I got laid off, It was unexpected about what was coming while I already was in the process of getting my Son's passport renewal and not having a valid passport I would not be able fly back.

 

Appreciate your time and thanks for your reply in advance.

 

Regards,

SAAM123