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I came to US on F1 visa Aug99.After completing my Masters I switched to H1B in Aug02.However while filing H1B for me our company lawyer did not request for change of status from F1 to H1.As a result I am out of status since then and I came to know about it very recently but my company has been paying me regulary.Also I have low income on my W-2 for 2003 compared to the LCA( was on a bench for a while) I think it makes my situation more worse.
I am going to India in July to get my visa stamped for H1.For the status problem I am getting a document from my employer saying lawyer did not inform us of the above fact that I need to get my visa stamped before I start working.Can I get any document from my employer for low income with a valid reason?.I was wondering how risky is it to try to get my visa stamped for H1 with the above problems.
Alternatively to avoid the above risk I was thinking I will go back and work for sometime in India and then go to the consulate on a fresh H1.My question is it possible for the consulate to find out that I was out of status in the US for sometime and reject the visa.
Any suggestions greatly appreicated.
Thank You
Rakesh
I am going to India in July to get my visa stamped for H1.For the status problem I am getting a document from my employer saying lawyer did not inform us of the above fact that I need to get my visa stamped before I start working.Can I get any document from my employer for low income with a valid reason?.I was wondering how risky is it to try to get my visa stamped for H1 with the above problems.
Alternatively to avoid the above risk I was thinking I will go back and work for sometime in India and then go to the consulate on a fresh H1.My question is it possible for the consulate to find out that I was out of status in the US for sometime and reject the visa.
Any suggestions greatly appreicated.
Thank You
Rakesh
