Consular processing: 4 months Gap in experience. Please help.

C

csvinay

Registered Users (C)
Hello:

I got my I-140 approved and applied for CP early this year. MY PD is Sept 2003.

I've gap in experience during my work stay in USA. In 1998 I was in the country for 4 months between jobs. I got laid off from one company and I applied for H-1 from the new company and it took 4 months to be approved (At that time, you have to H-1 approved to start the work. old days!!!).

Since then I do not have any gaps and no problem in getting H-1 transfers and renewal. I'm on 9th H-1 extension.

Both the LC and I-140 shows the 4 months gap but no RFE were issued or no questions asked so far.

Now will this 4 months gap be an issue during the consular processing?
 
Did your previous employer canel the H1?

If your previous employer did not write to INS/USCIS to cancel your H1B, the Consulate may not even notice your lack of employment. Besides, you followed the law by not taking unauthorized employment and waited for H1 approval. So, dont worry. If you know or suspect that your employer cancelled your H1, I think you would have been in trouble with your H1 renewals long before you reached this stage! I went with truckloads of documents (like all IT returns from the day I landed in US, all Soc Sec Statements......) All they asked was latest IT return, last 3 paystubs, employment offer letter, affid of support, birth certs, PCC etc. No experience letter nor prev years' IT or Bank statements etc etc

Best of Luck!

H

csvinay said:
Hello:

I got my I-140 approved and applied for CP early this year. MY PD is Sept 2003.

I've gap in experience during my work stay in USA. In 1998 I was in the country for 4 months between jobs. I got laid off from one company and I applied for H-1 from the new company and it took 4 months to be approved (At that time, you have to H-1 approved to start the work. old days!!!).

Since then I do not have any gaps and no problem in getting H-1 transfers and renewal. I'm on 9th H-1 extension.

Both the LC and I-140 shows the 4 months gap but no RFE were issued or no questions asked so far.

Now will this 4 months gap be an issue during the consular processing?
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