H1 visa renewal

[rahul_prasad]

Hi all,
I am going to India next month for stamping and need some advice. I was working for company A and had visa till September 2011. I got a job in Company B in August 2010 and accepted the offer.Company B misinformed me that the visa paper work is through and told me to leave company A. I did the same and then they realized that they did not complete the process in time. I had to wait for 20 more days to get my new i-797 and then i went to mexico and got a new i-94 and started work at company B. Will this be a problem when i get stamping next month?

Please advice.

Regards,
Rahul.

[shervin143]

Did you start working for Company B even before the H1B transfer is filed with USCIS? Meaning, before receiving the receipt notice?

[rahul_prasad]

Shervin,
Thanks for the reply. No i got a new i-94 by going to mexico and then started my employment. Mexico is only 20 mins away from here. I got new i-94 and not h1 stamp.

Thanks,
Rahul

[shervin143]

Are you saying that you went to Mexico and return back by showing the approval notice of Company B? I just wanted to know whether there was already an approved petition from Company B.

Shervin,
Thanks for the reply. No i got a new i-94 by going to mexico and then started my employment. Mexico is only 20 mins away from here. I got new i-94 and not h1 stamp.

Thanks,
Rahul

[rahul_prasad]

Shervin,
That is correct. I got a new i-94 by showing the new approval notice.

Regards,
Rahul

[shervin143]

Well, I don't see the issue here. You joined company B only after receiving the approval notice, right? So what's the problem? Are you saying that the H1B was approved for Consular process (without a new I-94) so you had to leave the country and return back by showing the new approval notice at POE? Even so, I don't see an issue.

Shervin,
That is correct. I got a new i-94 by showing the new approval notice.

Regards,
Rahul

[rahul_prasad]

Shervin,
Thanks for the reply. The reason i was worried is due to the following.

1. I quit company A on 08/13/2010.

2. I got the 797 approval on 09/16/2010.

Between those dates, i was not on payroll of company A and company B. So basically i was not maintaining status.

[shervin143]

Well, that is a problem. Basically you were out of status for a month. You don't have to wait until you receive the approval notice to join Company B. You can join them immediately after filing the H1B transfer with USCIS.

Shervin,
Thanks for the reply. The reason i was worried is due to the following.

1. I quit company A on 08/13/2010.

2. I got the 797 approval on 09/16/2010.

Between those dates, i was not on payroll of company A and company B. So basically i was not maintaining status.

[rahul_prasad]

Shervin,
Thanks for the reply. Yes that is the problem. How will it affect my visa stamping in 10 days? I mentioned about the fact honestly in the DS 160.

[shervin143]

It is very hard to predict. It totally depends on the VO you meet. However, since it was with your previous employer, I hope it won't have much of an impact since you are going for the stamping with the documents from yur current employer.

However maintaining the immigration status is your responsibility.

[rahul_prasad]

Thanks Shervin. That is what my attorney also told me. Thanks for your replies though. It is basically like getting fired and getting a new job after a month, i think.
Hopefully i get through the visa interview. I will let you know.

Regards,
Rahul

[rahul_prasad]

Also, if it happens to be a problem, will it be just delay in processing the visa or a reject ?

[rahul_prasad]

I attended the visa interview and got the visa stamped. Thanks for all the help

[kuhldude2005]

Congratulations Rahul!!

Did you had any issues with visa stamping in mexico(your previous stamping)?
I'm assuming your I797 from company B had no I-94(approved for consular processing). Did your approval notice mention any specific consulate, that you have to go for stamping?

[Agastya]

Rahl,

I do have same problem .Did Vo asked about the mentioned time period , if yes what did you say