FAQ: Applying for H-1B visa when there was a status violation
HI Rajiv
Thank you for your effort for guiding us.
Recently I got Consular visa, that my I-797 was approved without I-94 so I need to step out of 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.
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.
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 suggest 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.
3. MY GC Perm Labor has approved and EMP C has applied for I-140 recently and its still in processing status, during this situation If i get a full time opportunity can I move with new employer ? OR I have to stay with current one until I get I-140 approved and then transfer with new employer.
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HI Rajiv
Thank you for your effort for guiding us.
Recently I got Consular visa, that my I-797 was approved without I-94 so I need to step out of 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.
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.
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 suggest 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.
3. Does it make my options good to come back as dependent (just in case if I get H-1 denied) if I get married to my fiancée who is GC holder before I leave for visa stamping ?
4. MY GC Perm Labor has approved and EMP C has applied for I-140 recently and its still in processing status, during this situation If i get a full time opportunity can I move with new employer ? OR I have to stay with current one until I get I-140 approved and then transfer with new employer.