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H1B - Out of Status - Stamping

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  • H1B - Out of Status - Stamping

    I was laid off on Aug 22nd 2015 and was able to find a job with a large IT firm by Sep 4th 2015 who filed my H1B transfer by Sep 16th 2015.

    My H1B was approved on Oct 31st 2015 after RFE and I received an I-797A with an I-94.

    I started working for them only after my H1B was approved i.e Nov 5th 2015 since I was out of status at the time of H1B transfer petition filing.

    My H1B visa in my passport was valid till Jun 30th 2016.

    I am traveling to my home country and will be applying for H1B stamping by dropbox in Jan 2017.

    My questions are :

    1. How long were I out of status? from Aug 22nd to Sep 16th OR Aug 22nd till Nov 5th?

    2. What should i write as a response to the question in DS 160 -

    "Have you violated the terms of US visa?"

    YES or NO

    3. Will this out of status affect my chances of getting a successful stamping?

    Please advise.

    Thank you very much!!
    Last edited by h1bguy14; 12-26-2016, 01:28 PM.

  • #2
    Originally posted by h1bguy14 View Post
    I was laid off on Aug 22nd 2015 and was able to find a job with a large IT firm by Sep 4th 2015 who filed my H1B transfer by Sep 16th 2015.

    My H1B was approved on Oct 31st 2015 after RFE and I received an I-797A with an I-94.

    I started working for them only after my H1B was approved i.e Nov 5th 2015 since I was out of status at the time of H1B transfer petition filing.

    My H1B visa in my passport was valid till Jun 30th 2016.

    I am traveling to my home country and will be applying for H1B stamping by dropbox in Jan 2017.

    My questions are :

    1. How long were I out of status? from Aug 22nd to Sep 16th OR Aug 22nd till Nov 5th?

    2. What should i write as a response to the question in DS 160 -

    "Have you violated the terms of US visa?"

    YES or NO

    3. Will this out of status affect my chances of getting a successful stamping?

    Please advise.

    Thank you very much!!
    Since you didn't join the new employer by Nov 5, you will be considered out of status by that date. In my opinion, you should be honest while answering questions in DS160 form. Why didn't you join them as soon as the application was filed? You were anyway not in any job during that time so there was no harm joining them.
    This is just my opinion, not a legal advice.

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    • #3
      I did not join the company because they said, I cannot join on H1B receipt when a petition is filed, when I am out of status. In these type of cases, only after USCIS approves the petition, a company will take a decision depending on whether one gets an I797A or I797B.

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      • #4
        Hi,

        Hope it turned out well for you. Could you describe how things unfolded?

        I am in a similar situation with some potential out of status period.

        Thanks!

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