Immigration Voice - Forums
Get Involved Contact Lawmakers Contact Media Inform Friends Latest Posts Image Image Image Image

Go Back   Immigration Voice > Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Out of status, employment gap and status revalidation
Click to log in with Facebook
Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

advertisement
 

Donation Goal
Goal amount for this month: 10000 USD, Received: 0 USD (0%)
Donate Now
Please contribute to Immigration Voice.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 12-01-2009, 08:23 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Dec 2009
Posts: 1
Spet is on a distinguished road
Default H1B transfer approved, extension of status denied??

The company I worked for closed by the end of June 2009, my H1B with this company is/was valid until Feb 2011.
I found a new job by September 2009, but because the attorney was slow and other obstacles, the transfer of the H1B wasn't filed until early October 2009.

I got the transfer of my H1B approved by Nov 14th but my extension of stay was denied. The way I understand this, is that I have to leave within a couple of weeks, right?

Another issue is that I started working a bit for this company already in September and got paid, will this have any effect on me getting my Visa stamp in my passport, when I go back now to my home country, since the transfer of the H1B is already approved?

What are the changes that I will not get my stamp?

Thanks
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 12-02-2009, 10:32 AM
Banned
Priority Date
:
Dec-05
Category
:
EB3
I140 Mailed Date
:
12/05/2006
Chargeability
:
Poland
Processing Stage
:
I-485
I485 Mailed Date
:
06/31/2007
Compare
Join Date: Jan 2006
Posts: 683
glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future
Default

Yes, you need to leave and get a visa stamp. They did not approve status extension because you did not work for some time and were out of status. In consulate you need to explain why you were out of status; be honest and tell them that the company closed and the you looked and found another company that transferred the H1 for you.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 12-02-2009, 11:07 AM
Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Apr 2008
Posts: 58
immiusa has a reputation beyond repute immiusa has a reputation beyond repute immiusa has a reputation beyond repute immiusa has a reputation beyond repute immiusa has a reputation beyond repute immiusa has a reputation beyond repute immiusa has a reputation beyond repute immiusa has a reputation beyond repute immiusa has a reputation beyond repute immiusa has a reputation beyond repute immiusa has a reputation beyond repute
Default re-entry is alos possible

Hello,

If you have valid visa from your previous employer(company). You can re-enter USA with old VISA and at the port of entry you can show the new approval. They will give you new I-94 with validity that match your H1B petition.

If you are near by Canada border, you can try by road also
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 12-02-2009, 11:20 AM
Banned
Priority Date
:
Dec-05
Category
:
EB3
I140 Mailed Date
:
12/05/2006
Chargeability
:
Poland
Processing Stage
:
I-485
I485 Mailed Date
:
06/31/2007
Compare
Join Date: Jan 2006
Posts: 683
glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future
Default

Quote:
Originally Posted by immiusa View Post
Hello,

If you have valid visa from your previous employer(company). You can re-enter USA with old VISA and at the port of entry you can show the new approval. They will give you new I-94 with validity that match your H1B petition.

If you are near by Canada border, you can try by road also
Yes, that's correct. Forgot to mention that. One can re-enter on old H-1B visa as long as it is still unexpired. Thanx.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 08-12-2010, 05:30 PM
Senior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
10/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/02/2010
Compare
Join Date: Jun 2007
Posts: 302
permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute permfiling has a reputation beyond repute
Default

Spet,
Let me know where did you go for your new I-94 as I am in the same boat. I sent a PM as well

Thanks
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks

advertisement
 

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
I-140 approved but H1 extension denied asali Immigrant Visa 1 05-22-2009 03:27 PM
H1B Extension Denied - But H1 Transfer Before or After Appeal? arukala Out of status, employment gap and status revalidation 34 05-07-2009 11:21 PM
H1B status (3 year extension based on I-140 approval) if I-485 gets denied ski_dude12 Non-Immigrant Visas 7 05-04-2009 04:37 PM
H-1 b transfer approved; extention denied rahul74 Out of status, employment gap and status revalidation 0 09-30-2008 12:25 PM
H1 transfer denied, I-140 & EAD approved raj76 All other Green Card Issues 0 01-07-2008 12:41 AM


advertisement

All times are GMT -5. The time now is 02:02 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2013, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org