Help!!!! My company messed up

[pradeepd]

Hi,

I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)

I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns

1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
3) Or is it advisable to go to india and get it stamped

My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.

I need your urgent help and all of your comments and suggestions are greatly appreciated.

Thanks,
Sudha

[cinqsit]

If your company is paying why not go to India. If you have all the necessary paperwork, proper letters and your company is willing to provide any other documents like tax returns etc if needed stamping in India would be easier (they always prefer you go to your home country I guess its easier for them to evaluate and process your case) that being said I have had my H1 stamping done in Canada (because the company that I worked for didn't want me to be away from work more than a week), I had two done in India (both were a breeze) I have never been to Mexico for stamping so
dont know

Good luck!

cinqsit

[snram4]

If you are out of status you may have to go India to get Visa. Canada and Mexico may not give Visa You were out of status for couple of months. So it should not be an issue in getting Visa
[
QUOTE=pradeepd;1400834]Hi,

I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)

I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns

1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
3) Or is it advisable to go to india and get it stamped

My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.

I need your urgent help and all of your comments and suggestions are greatly appreciated.

Thanks,
Sudha[/QUOTE]

[pradeepd]

Thanks for your response. I'm leaning more towards Canada as I can avoid travel with my baby to India.
Do you think they might reject the case for any reasons?
How long do I have to stay in Canada if in case it's approved?

Thanks
Sudha

[cinqsit]

Thanks for your response. I'm leaning more towards Canada as I can avoid travel with my baby to India.
Do you think they might reject the case for any reasons?
How long do I have to stay in Canada if in case it's approved?

Thanks
Sudha

if its approved I think you get it back the same day (that was back in 2007)

if you get stuck in administrative processing it can take few weeks to months - check forums/threads on that topic

cinqsit

[immigrationvoice25]

Sudha -
I had a similar case. I would suggest going to India because they have handled similar cases (such as mine) and have a better chance of understanding your situation.

You should read my post. I had described the issue along with resolution...and there is good advice/dialouge with the members

http://immigrationvoice.org/forum/forum87-out-of-status-employment-gap-and-status-revalidation/22794-urgent-h1b-revoked-for-past-6-months.html


Best of luck!

[pradeepd]

Thanks so much for sending me this link. Really appreciate your response. Your posting is giving me some directions to follow now. Thank you once again. I'll update what happens.

Sudha