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H1B Visa Transfer - I797B because of unlawful presence

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  • H1B Visa Transfer - I797B because of unlawful presence

    All,

    I would like your advise with an issue I am currently having. I recently changed my job and my new employer filed for H1B transfer. Unfortunately, my old visa was revoked 4 days earlier than the application of my new visa. Because of this I have a 4 day out of status gap in between. Because of this, I got an I797B without I-94, and I have to leave to India ASAP and get my visa restamped (since old visa is now void because of out of status days). My question is, what are my chances of getting the visa approved at Chennai? They already have a couple of days out of status in my case. Is it serious enough to reject my visa to US?

    My case is: I voluntarily terminated my previous job on Feb 4th. 2 weeks before that the attorneys with the new company took all my documents. I was supposed to start work for new company on Feb 21st. So considering I had 1 whole month, I resigned my first job to prepare to relocate. I did not foresee that there will be a delay in application and my previous employer was very quick in revoking my old visa.

    Would this be considered as a gunuine case? What should I tell/not tell at the interview? Any guidance on this?

    Thanks and Regards
    NS.

  • #2
    This is why it is never advisable to quit the old job until the H1B transfer is successful. You should have quit the old job at least after receiving the receipt notice.

    Do you still have the old H1B visa in your passport valid from Company A? If yes, then you can re-enter U.S with the old visa and the new petition from Company B. It is not required to get the visa stamped again. What was revoked is your H1B petition with Company A and not the visa. If the visa is no longer valid, then you have to go for stamping. When you left U.S, did you still had a valid I-94 that you return at the airport or that I-94 already expired by the time you left the country?
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      got Visa and re-entered

      Hello,

      Just to bring this thread to a close, I wanted to share that I did get my visa stamped and I have reentered US. During visa interview as well al POE, no questions asked about by out of status days... no additional check proceedure as well. Looked like it was all poretty straight forward. Anyways I wonder what issues this may cause during green card/naturalization. Anyways, for now, it is all sorted out.

      Many Thanks,
      NS

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