Applying For H-1B Visa When There Was A Status Violation

Question details

Recently I got Consular visa, that my I-797 was approved without I-94 so I need to step out of the country to get H-1B visa stamped.
Got laid off from EMP A and took around 55 days for EMP B to file h-1 and now I’m with EMP C. Both I-797's from EMP B and EMP C, I got consular visa to step out for visa stamping.<br>
1. Usually, how much time I have to step out of US for stamping, if I go little after 3-4 weeks what’s the valid reason that I can give to Visa officer at interview time.<br>

2. How can I justify myself about the 55days of gap I have from EMP A to EMP B ( during the time I do not have H-1B status), my attorney suggested that I need to tell VO that “I was looking for a Job and my employer took time to file for H-1B “. I’m not sure whether I can say this. Can you suggest a valid reason to give VO.<br>

3. MY GC Perm Labor has approved and EMP C has applied for I-140 recently and it's still in processing status, during this situation If I get a full-time opportunity can I move with a new employer? OR I have to stay with current one until I get I-140 approved and then transfer with a new employer.

Watch Video on this FAQ: Applying for H-1B visa when there was a status violation


Video Transcript

1. Go as quickly as you can. It isn't an emergency, but it is something you should not take lightly.

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: August 2017

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.

How to Reset H-1 Six Years

Question details

I have a question regarding the 6-year stay on H1B if someone was in the US on L1B & later H1B. When does the clock gets reset, does it has to be 1-year stay out of USA at the time of H1B application filing OR 1 year stay out of USA between exit & re-entry in the USA?

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Applying for H-4 Status while H-1 is Pending

Question details

I got H1B approval from company 'A' till Oct 2015, filed H1B extension in May 2015. As there were no updates, changed extension regular case to premium and got RFE in 2016.Before responding to RFE got to know that company 'A' has some issues and no one was responding from company 'A'. So before 240 days completion of I-94 got visa transfer with company 'B' in a premium process. Now my H1b is in security check with company B. My Both H1b cases/receipts are still in pending status. I applied for H4 visa now within the USA and if any of my H1B cases get declined. Can I stay on my H4 visa receipt?

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Recording of Free Community Conference Call (Every Other Thursday), July 13, 2017

Immigration.com

Substantial transcription for video

Discussion Topics, Thursday 13 July 2017: 

FAQ: Evidence or documents created after the filing of a petition || H-4 EAD when an I-140 is revoked after 180 days || Can a green card be started on F-1 status? || New regulations, effect on layoff after I-140 approval || Reentry permit to preserve green card and extensions || I-94 given for a shorter duration at the airport than the petition approval date ||

Other: Deportation for crimes || Changing status after marriage in the USA || Revocation of I-140 after 180 days || Effect of minor violations on immigration status || Filing H-1 amendment, etc. || Removal of condition, Form I-751 || Multiple I-94 issued || Changing status when a change of status petition is pending || PERM - effect of variation in job description/requirements || Getting a copy of I-140 by filing FOIA with USCIS || Applying for change of status to H-1 || Calculating deadlines for RFE response falling on holidays || Changing status from H-1 to F-1, etc.

Effect of Revocation of PERM on an Already Approved H-1 Extension

Question details

On 10-Mar-2017 I completed my 5th year on H-1B visa. I changed my job and joined my current employer on 01-Feb-2017 (after receiving the H-1B receipt number) while my H1B petition was being processed at USCIS.In the meantime, my employer filed my GC PERM application on 01-Mar-2017 while my H1B was still in process at USCIS.I got a RFE on my H1B application and while responding to the RFE my employer requested for 2 years of H-1B visa instead of 1 year i.e. 1 year for the 6th year on H1B and another year extension as my PERM application was filed and pending.

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.