Visa interview with I-797B history

[arjun_sf]

Hi all,

I used search feature without much luck to the specific question I had, hoping to get an advice here.

Here is some background,

-- Company A (full-time) let me go during the peak recession in April 2009 (I-797-revoked a month later) - Visa stamped in Mexico (validity until March 2010)
-- 45 days without a job and filed for a H1B with Company B for a client(contract based, working on Client-Vendor-Employee model) received a 1 year extension without an I-94.
-- Adviced by an immigration councelling firm to try and get I-94 at a Port of entry as the Visa was still valid. Did that.
-- After that 1-year was up, received a 3-year extension with the same company with I-94 until 2013.


Can someone please elaborate on the effects that faulty I-797B and the 45 day out-of status thing will have on my profile when I attend a Visa interview at the consulate (Mexico/Canada/India)

Thank You.

[shervin143]

By looking into your W2, the VO can figure out of you were out of status on H1B. When they figureout that you are out of status, then the decision to issue or decline the visa is with the VO. The same could become an issue when you file your GC in the future. It all depends on the officer who handles your case how deep they check your history. It may or may not be an issue depending on your luck.

[arjun_sf]

thanks for the clarification Shervin143, surely helps.

I may be shooting in the air but wanted to pose the question - how deep is safe enough?

Based on the fact that it has been 2.5 years since the lapse in my pay profile, would you say the probability is high or low for VO to look into my W-2/pay stubs that deep.

Also I would really appreciate if anyone can share their experience if have gone/going through the situation.

[tabho]

Hi Arjun, I will be facing the same issue sooner or later. As I was out of status for 14 days, so to get new I-94 I went to Mexico and came back with it. Please let me know how does it goes for you.

[shervin143]

It is hard to predict. It totally depends on the VO. It also depends on the company that you work for. If they are blacklisted, the the VO can pay more attendtion into your case before issuing you the visa. The experience from others are not going to be lot of help as these are case by case basis. But since it has been a long time, the VO may let go.

[arjun_sf]

Thanks again Shervin, you are right it all gets down to luck and subjective to the VO.

Tabho, I will surely come back and update this thread with the progress on my case.