Consular processing of H1B

M

myredskins

Registered Users (C)
I got laid off from a company in November 06 and in February 07 I was hired by a second one and the immediately tried to secure an H1 transfer for me. The transfer was granted but they denied me an extension. SO they asked me to leave the US and consular process my H1B because of the gap (Dec & Jan) where I sat at home looking for another job.

I got this decision sometime early april and immediately stopped working for this second company. My passport had expired so I couldn't travel, stayed at home as applied for a passport renewal. Now my question is this:

  1. If I get a new passport, and travel overseases, am i guaranteed of getting an H1B visa stamped on my passport?
  • HAs anyone been in a similar situation and how did they handle it? I am worried that I may be banned for more than 3 years if i attempt to re-enter.

Anyone who has experienced this? I'd appreciate your comments.
 
Through marriage , your I 485 interview is due at July 07.
If you go back to your home country, the issuance of h1 is not guarentted because you are out of status from Feb 07 (Assumed your h1 approved without I 94 during Feb 07).

While you are filing your I 130/485 you are not in status, it may also creat a problem during your I 485 interview. Better consult with good attorney before taking any decision.



------------------------------------------------------------------QUOTE=myredskins;1680766]I got laid off from a company in November 06 and in February 07 I was hired by a second one and the immediately tried to secure an H1 transfer for me. The transfer was granted but they denied me an extension. SO they asked me to leave the US and consular process my H1B because of the gap (Dec & Jan) where I sat at home looking for another job.

I got this decision sometime early april and immediately stopped working for this second company. My passport had expired so I couldn't travel, stayed at home as applied for a passport renewal. Now my question is this:

  1. If I get a new passport, and travel overseases, am i guaranteed of getting an H1B visa stamped on my passport?
  • HAs anyone been in a similar situation and how did they handle it? I am worried that I may be banned for more than 3 years if i attempt to re-enter.

Anyone who has experienced this? I'd appreciate your comments.[/QUOTE]
 
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