Need help please

N

newuser2002

New Member
Hi All:
I was out of status for 40 days and got a job now. The new company said they applied for new H1b file since I was out of status for 40 days, even my old company did not inform INS. But the new company going with premium processing. My old h1b and I 94 vaid till 2003 and i moved to US in 1999.

1. My new employer says I can start work only after getting the official H1b approval with new I 94 card. Is this normal? How easy to get the new visa?

2. Also i was told when i go out of country next time i need to get new visa chopped in my passport in the country i visit. How difficult this stamping in Chennai?.

3. Do i need to go out side the country immediately for the sake of getting stamp? My new employer says dont need to do so.

Appreciate any answer to my question.

Thanks,
 
Sounds as if your company is playing it safe, probably a good idea

1. My new employer says I can start work only after getting the official H1b approval with new I 94 card. Is this normal? How easy to get the new visa?

I\'m not positive how your new employer filed the H-1 but if it was a new H-1 for consular processing (it sounds as if this is the case) you will need to leave the country, get another visa stamp, and reenter to get a new I-94. This would be the safe way to go since it avoids the need of paystubs to prove continuity of status.

2. Also i was told when i go out of country next time i need to get new visa chopped in my passport in the country i visit. How difficult this stamping in Chennai?.

I haven\'t heard of any unusual difficulties but maybe someone that has been there recently could answer this question based on personal knowledge.

3. Do i need to go out side the country immediately for the sake of getting stamp? My new employer says dont need to do so.

No mandatory bar on reentry will be triggered until you have been here out of status for 180 days. Since you are nowhere near that and your case was filed for premium processing it is unlikely you will have any significant problems.

Jim

James D. Mills, Esq.
(formerly Jim M)
732-644-5702
 
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