Advice Needed ?? Rejected F1->H1B, unpaid for long time

M

mekatoka

New Member
Hi all,

Here is my brief history

* I came to USA on F1 in Aug'99
* Graduated in May'02
* Applied for H1B in June'02, recieved H1B approval in Oct'02
* Changed employer in Oct'03

*Didnt file any taxes for 02
*Filed taxes in 03 for a very little amount (which will cover only about 3 months of pay)
* Have all the paystubs from Jan'04


Recently went to Mexico(Ciudad Juarez) for the visa and I was asked why I filed such a less amount in 2003. I replied saying that I was sick and had to take off. I was asked for a document that proves the same. As i didnt have it I was given an open appointment (meaning I wouldnt be charged again when I return with the document( and was rejected).

The problem is that the officer didnt even look at my paystubs in 2004, because everything else is perfect. She doubts that I might have misfiled the taxes even after getting paid. I am to take atleast 6-7 months of medical leave from the company. Is it ok to take such a long leave ?

I was lucky enough to explain to the security people at the border that I was missing a document and they allowed me into USA. I have valid H1B until Oct'06.

Like many people I couldnt find a project until the Aug'03 while I recieved my H1 in Oct'02.

Can somebody advice me on this ? I am sure there are lots of people who might have gone through this. Would taking a letter from the company saying that I was given a medical leave help me ? I have thoughts about getting a letter from one of the doctors in India stating that I do not take Alopathic medicines (modern medicines) and hence tried alternate approaches and that the doctor advised me to take bed rest.

thanks alot in advance

meka toka
 
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Mr toka,
if you have a valid H1 untill oct 06, i assume you mean you have a stamped visa? then you dont have to get a new stamp on your passport..just use the old one and caarry ur i797 with yo uwhie ltreveling..by law you r not required to restamp it for the new emplyer.
 
Sorry, I missed that part out.

I do not have a valid visa stamping on my passport. My last stamp was for the F1 and it was valid until May'02.

And recently when I went to Mexico(Ciudad Juarez) the officer put a stamp that says "CANCELLED WITHOUT PREJUDICE"

any advice is appreciated

mekatoka
 
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mannn u r lucky to be let in by the officer at the border with an expired visa that was expierd 2 years ago!!!! and bearing the stamp refused with prjudice...
well my advice will be to wait for a few more months when u get ur new w2 form..did u work all year this year ? if you did, then u r all set...I think the new w2 come out in janury some time...use that w2 and this will hide your "dark past"...also take ur paystubs for the past couple of months....file ur tax in early januiry and show that too...
 
I just spoke with an attorney and he says its better to wait until I get my GC. It has been filed recently and with the perm processing expected to be effective Feb'05 it is supposed to be a hope for me.

I have worked all through 2004 and dont have any missing. I was hoping the same ... to file taxes for 2004 and go in 2005. But after talking to this person I am doubtful

Any thoughts ???

mekatoka
 
what do u mean by perm processing effictive in Feb 05 ????
to be on the safe side wait for 4 months...after that you will have w2, plus you will have , hopefully advance payroll and EAD through your GC process...
dont rely on waiting for GC and then going to india inles ur willing to postpond ur india trip for atleast 2/3 years...gettting GC take forever..I have mine pending for almsot 2 years now...still waiting for FP and I485 apparoval
 
I have been talking to alot of people on this and it seems that no matter what I do I will be risking if I go to any consulate for visa stamping (which is unevitable ).

But the attorney suggests that I stay back until I get my GC ... while my GC has been filed recently (Sep 30,2004) god knows how long is it going to take :confused:

Another way I have been thinking out of this situation is to apply for permanent residency in Canada. Both me and my wife have Masters in USA and have needed work experience. And the talk is that I should be getting my PR in 1 years time. That way I can go to India from Canada in one year's time and also be able to work in USA with the T visa :confused:

But then the Canada thingy is only an alternative and not a real solution. After researching a little in the forums it looks like the employer has to inform the INS if the employee takes a long leave and it hasn't been done in my case. So will it suffice if I take
*a letter from a doctor stating that I had to take medical leave for about 6-7 months
* a letter from the employer stating that I was on medical leave and was not paid during that time

???

Isn't there anybody who has gone through similar situation ? Or is it that all of these people never attended the consulate ?? I myself know some people in these situations but they havent attended the consulate for stamping :(

And by saying that PERM will be effective by FEB'2005 I mean that people can apply for that ? It is supposed to speed up the GC processing and people should be getting the LC done in less than 30 days. However, the rest of the process after the LC stays the same. This is what I gathered from some research ... might not be totally true.

--
Mekatoka
 
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I am in a less severe similar background as that of mekatoka's.

Any idea on what exactly "CANCELLED WITHOUT PREJUDICE" mean by?

If I am stamped "CANCELLED WITHOUT PREJUDICE" for my H1B visa in Canada, what are the chances that I can return to USA while I still have a valid I-94 and a valid F1 visa?
Can I reenter USA with my F1 visa and valid I-94, even though I got graduated long time back and working ever since?

Hope someone can shed light on this.
Thanks.
 
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