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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1 (permalink)  
Old 06-18-2009, 02:22 PM
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Default urgent help needed

Hi,

I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
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  #2 (permalink)  
Old 06-18-2009, 02:27 PM
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Quote:
Originally Posted by nsync1979 View Post
Hi,

I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
h1 transfer is perfectly legal and you will not have any stamping issues.
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  #3 (permalink)  
Old 06-18-2009, 02:39 PM
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Quote:
Originally Posted by nsync1979 View Post
Hi,

I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
u never went to india since 5 years, your crazy
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  #4 (permalink)  
Old 06-18-2009, 03:08 PM
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nsync1979 is infamous around these parts nsync1979 is infamous around these parts
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well my parents and in laws have been visiting us every year so its not that bad
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  #5 (permalink)  
Old 06-18-2009, 03:08 PM
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thanks chanduv23 !!
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  #6 (permalink)  
Old 06-18-2009, 03:13 PM
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Originally Posted by cbpds View Post
u never went to india since 5 years, your crazy
I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.
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  #7 (permalink)  
Old 06-18-2009, 03:27 PM
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rkp27 is infamous around these parts rkp27 is infamous around these parts rkp27 is infamous around these parts rkp27 is infamous around these parts rkp27 is infamous around these parts rkp27 is infamous around these parts rkp27 is infamous around these parts rkp27 is infamous around these parts
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One of my father's friend didnt visited india for last 25 years... Nothing wrong with that..
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  #8 (permalink)  
Old 06-18-2009, 03:35 PM
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Originally Posted by rkp27 View Post
One of my father's friend didnt visited india for last 25 years... Nothing wrong with that..
I have not gone back since the start of the year (Just to lighten up)
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  #9 (permalink)  
Old 06-18-2009, 03:39 PM
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Default

Quote:
Originally Posted by nsync1979 View Post
Hi,

I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
Cognizant to Wipro? Out of the frying pan, into a fire?
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  #10 (permalink)  
Old 06-18-2009, 05:25 PM
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You are fine!!! just be prepared for the Visa. Collect all the documents needed for VISA. Don't forget Tax returns.


Quote:
Originally Posted by nsync1979 View Post
Hi,

I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
__________________
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I am not an attorney. Use it at your own risk.

After 8 years........Finally Green'ed on 9th July 2010.
Thanks IV for your help and support!!!
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  #11 (permalink)  
Old 06-18-2009, 10:52 PM
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Originally Posted by chanduv23 View Post
I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.
By the way, even today if one marries a USC, one can get GC right away. Actually you get EAD till the GC gets processed.

Besides this, I have come across people coming to US in 1990 on B1, then overstay and convert to H1B.
Thats because 10 year ban and other tough rules etc for illegal stay was passed in 1996. Over the years immigration rules have been tightened.

1986: 2 year conditional GC for marriage to USC was passed. Before that one could marry get GC and divorce the next day. Employers need to do paper checking before they hire people.

1996: Beginning of tightening screws on immigrants.
First harsh anti- immigration was passed. affidavit of support for family based GC.
Massive increase in discretion powers for immigration officers at POE etc.
10 year ban etc on overstay

In fact 1996 rules were so harsh that basically the sheer strict enforcement of these rules on H1Bs makes life miserable.

Plus major difference between 1996 and 1986

In 86 tough rules was a price extracted for amnesty for illegals.

In 1996 not even one clause was pro immigrants.
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Last edited by go_guy123; 06-18-2009 at 11:10 PM.
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  #12 (permalink)  
Old 06-18-2009, 10:59 PM
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Default You are fine.

Quote:
Originally Posted by nsync1979 View Post
Hi,

I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
You have maintained legal status proved by our I94 extensions.. also take all your paystubs for visa stamping to show your job contiunity. You will be good.
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