L1 to H1 status change - Urgent

[mukkollu]

The new employer's attorney said that it is better to go for consular processing as portability would not be possible. I am planning to go to India and get the stamping done. I will be mentioning in 156 that I violated the law but did not mean to do it and give an explanation for the same in an attachement to 156. This way I would keep my records clean. I have all my paystubs and W2s as proof. What do you think are the chaces of getting visa if I disclose that I did a mistake unknowingly?

[txh1b]

I am glad there are a few attorneys that know what they are doing and thinking about long term and instructing their clients accordingly. You may not have any problems if your new employer is good and the visa is approvable.

[mukkollu]

My new employer is a non profit organization (but not like universities ot health depts) or I can say state owned company which is a key player in the utilities (electricity) market. I am hoping that this name would give me visa. Keeping everything aside, I don't want to sneak in all the time and live with guilt everday in US rather I would live happily in India and come back next year with new H-1.
Do you think if CO rejects my visa now, they may never give me visa anytime?

[txh1b]

New H1 has nothing to do here. New H1 or already cap subject H1 does not matter. Once you are counted in the cap, you are not counted again for 6 years. The visa rejection due to this may not happen. But honest and the VO will grant a visa. Go for PP on the new application.

If you already have a valid visa, you don't even need a new visa. Just entering to get I-94 will be fine. But you need to declare it on your DS156 when you apply for the visa and any GC forms later on as misrepresentation has far more negative impact than being honest.

[mukkollu]

Thanks a lot for the information txh1b. I am releaved and have confidence that I would get a visa for being honest.

[mukkollu]

I have another question. Third employer has filed for H1 transfer but I have to go for consular processing. I am seeing in few email threads that there are rejections due to out of status situations or on bench (no pay for few months) situations. Do you see any reason for rejection in my case due to those reasons?

[txh1b]

Those all could be reasons for rejections. No one can predict what will happen. If your case has such additional complexities, it is hard to tell what the adjudication officer will be looking at and how strict they are going to be.

[mukkollu]

My third employer's attorney is saying that she is going to attach a employment letter with start date's in both the previous companies. Since I was on company B's payroll from Feb 2008 (COS was approved on 10/18/07) they would obviously know that I was out of status. from Oct 07 to Jan 08. Do you think it is better to attach the reason for late start date in company B with the transfer documents or if denied then give reasons?

[txh1b]

This attorney seems to be very detail oriented and wants to be transparent in the dealings. Th result would depend on the adjudicator of the case. I'm not sure what to suggest. Personally, I think it is a bad idea. But that is the right thing to do if following the procedure correctly. What does the attorney think of the chances of approval?

[mukkollu]

She says that it could be approved but I dont know how confident she is.

[mukkollu]

I am preparing for the worst case scenario. If the transfer is denied then I have to leave ASAP right? Can we appeal with reasons? What are the chances of getting new H-1 next year or any way to come to US again?

[txh1b]

New H1 or CP mean the same. They are not subject to cap if you were counted in the past. You just have to take it cool and stay calm. Go for PP on the new transfer. Appeals are possible but will make you accumulate unauthorized presence which might lead to 3-10 year ban if denied.

[mukkollu]

As you know, I have submitted papers for H1 transfer (CP) with premium processing. My passport will expire next month (08/2008) so I got a new passport yesterday. USCIS has the old passport copies. Do you see this a problem in approval or stamping?

[txh1b]

Passport is just an ID document in this scenario to prove you are who you say you are. No issues for approval. For stamping, you have to go with new passport and no issues there as well.

[mukkollu]

Thank you so much.
TXH1B,
If you don't mind can I ask you a quick question? Are you an attorney? I have read many threads and most of them are answered by you. You seem to have answers for every question.