H1B Transfer while in Ind - H1B Petition Valid - Stamped Visa got expired in Passport

[nathji]

Hi,

I was laid off from a very big software company A and was considered out of status since the day I was laid off.
I came back to India after 4 months of my lay off as I could not get right consultant to sponsor for my h1b transfer.
Also, as I didnt like to face any immigration issues in future and so came back to India.

I hold valid H1B petition from employer A unti Nov 2014 but my stamped visa got expired in Sept 2013.
Can I get my H1B transfer to another employer and fly back to USA after visa stamping ?

Please advise.

[Nattybone]

Hi,

I was laid off from a very big software company A and was considered out of status since the day I was laid off.
I came back to India after 4 months of my lay off as I could not get right consultant to sponsor for my h1b transfer.
Also, as I didnt like to face any immigration issues in future and so came back to India.

I hold valid H1B petition from employer A unti Nov 2014 but my stamped visa got expired in Sept 2013.
Can I get my H1B transfer to another employer and fly back to USA after visa stamping ?

Please advise.

Hello, Nathji.

While you did the right thing by coming back to India, but continuing to stay in USA for 4 months when you were Out of Status might prove to be a game spoiler for you.

Back to H1B visa: H1B visa is valid for 6 years. If you have not utilized 6 years on your existing H1B, you can find a new sponsor and make him file for a fresh I797. Upon approval for I797, you could visit the consulate for a stamping interview and if all goes well, you are good to go to the US on the same H1B. Also, you are not subject to cap on this visa as you were counted for cap the year in which you were granted this visa.

I hope this helps.

Wishing you luck.

Cheers,

[nathji]

Hello, Nathji.

While you did the right thing by coming back to India, but continuing to stay in USA for 4 months when you were Out of Status might prove to be a game spoiler for you.

Back to H1B visa: H1B visa is valid for 6 years. If you have not utilized 6 years on your existing H1B, you can find a new sponsor and make him file for a fresh I797. Upon approval for I797, you could visit the consulate for a stamping interview and if all goes well, you are good to go to the US on the same H1B. Also, you are not subject to cap on this visa as you were counted for cap the year in which you were granted this visa.

I hope this helps.

Wishing you luck.

Cheers,

Thanks Nattybone.

On H1B part I am clear. Regarding my stay for 4 months on out of stay - does it harm to my future H1B hopes ? Would like to know more.

[Nattybone]

Thanks Nattybone.

On H1B part I am clear. Regarding my stay for 4 months on out of stay - does it harm to my future H1B hopes ? Would like to know more.

Hello, Nathji.

It is their discretion. It it is a strict officer, he/she might not like it that you overstayed. USA even bans people from reentering if they overstay. I am not trying to discourage you, i am feeling bad that in the absence of good counsel you ended up overstaying for 4 months, which is not something to be taken lightly.

You will be asked about this overstay and it will then depend upon what the officer feels.

I hope this helps.

Wishing you luck.

Cheers,

[nathji]

Hello, Nathji.

It is their discretion. It it is a strict officer, he/she might not like it that you overstayed. USA even bans people from reentering if they overstay. I am not trying to discourage you, i am feeling bad that in the absence of good counsel you ended up overstaying for 4 months, which is not something to be taken lightly.

You will be asked about this overstay and it will then depend upon what the officer feels.

I hope this helps.

Wishing you luck.

Cheers,

Thanks Nattybone.

[nathji]

Thanks Nattybone.

But I have seen some people overstaying out of status and getting their new H1B extensions/transfers dones successfully. 'coz I admit that it depends on case to case. Please share any success stories who experienced out of status overstay after laid off from full time on H1B and subsequent approval of their H1B transfer/extensions pl.

[Nattybone]

But I have seen some people overstaying out of status and getting their new H1B extensions/transfers dones successfully. 'coz I admit that it depends on case to case. Please share any success stories who experienced out of status overstay after laid off from full time on H1B and subsequent approval of their H1B transfer/extensions pl.

Hello, Nathji.

It is definitely a plus that you left the country, but as i said it depends on how the visa officer feels about your case. No harm in trying.

Wishing you luck.

Cheers,

[myvisastatus]

But I have seen some people overstaying out of status and getting their new H1B extensions/transfers dones successfully. 'coz I admit that it depends on case to case. Please share any success stories who experienced out of status overstay after laid off from full time on H1B and subsequent approval of their H1B transfer/extensions pl.

Hello Nathji,

I am also in a similar situation.

Have you done with your interview? What was the outcome? Will you please share your experience, as it might be helpful for me?

Thanks in advance.