First H1-B stamping with layoff in past

I

ImInDeepShit

Registered Users (C)
Visa Gurus,

I'm planning to get H1 (with Company B) stamped in New Delhi, India on my first visit to India after entering US, and have some questions regarding employment dates with my previous employer (Company A). I was laid off, with 15 others, just one month after joining the company. Upon my request Company A, agreed to extend my severance period to 5 weeks, and promised 3 more pay checks for those 5 weeks. Below are the sequence of events and some questions. All dates are for year 2006.

Mar 06 : Joined Company A
Apr 01 : Laid off from A
Apr 14 : Received 1st severance pay check from A. Details on pay stub say "Regular" instead of "Severance"
Apr 21 : Received offer from Company B
Apr 28 : Received 2nd severance pay check from A. Details on pay stub say "Regular" instead of "Severance"
May 12 : Received 3rd and last severance pay check from A. Details say "Severance".
May 12 : H1-B Transfer papers received USCIS (Fedex receipt)
May 23 : Started working for Company B
May 31 : Received first pay check from Company B
Jun 05 : Receipt Date on H1B Approval Notice for company B
Aug 04 : H1-B Approved.

Questions:
- Is severance period considered as employment period for the purpose of filling up the employment history section of form ds-157?
- If the answer to question above is no, how long was I out of status?
- If I was out of status, will that be a problem with stamping generally?
- Will the fact that it was mass layoff help? If yes, what documents I need to prove that?
- Would I be considered employed with Company A for the period of April 1 06 to May 12 06?

I'd greatly appreciate your prompt responses in these times of distress. I'm sure you understand.

Thanking you in advance.

- G
 
Until April 28 you are employed by company A with your regular pay stub.

After that you took a short vacation before joining company B.

Fill up th form accordingly , you will be OK.





ImInDeepShit said:
Visa Gurus,

I'm planning to get H1 (with Company B) stamped in New Delhi, India on my first visit to India after entering US, and have some questions regarding employment dates with my previous employer (Company A). I was laid off, with 15 others, just one month after joining the company. Upon my request Company A, agreed to extend my severance period to 5 weeks, and promised 3 more pay checks for those 5 weeks. Below are the sequence of events and some questions. All dates are for year 2006.

Mar 06 : Joined Company A
Apr 01 : Laid off from A
Apr 14 : Received 1st severance pay check from A. Details on pay stub say "Regular" instead of "Severance"
Apr 21 : Received offer from Company B
Apr 28 : Received 2nd severance pay check from A. Details on pay stub say "Regular" instead of "Severance"
May 12 : Received 3rd and last severance pay check from A. Details say "Severance".
May 12 : H1-B Transfer papers received USCIS (Fedex receipt)
May 23 : Started working for Company B
May 31 : Received first pay check from Company B
Jun 05 : Receipt Date on H1B Approval Notice for company B
Aug 04 : H1-B Approved.

Questions:
- Is severance period considered as employment period for the purpose of filling up the employment history section of form ds-157?
- If the answer to question above is no, how long was I out of status?
- If I was out of status, will that be a problem with stamping generally?
- Will the fact that it was mass layoff help? If yes, what documents I need to prove that?
- Would I be considered employed with Company A for the period of April 1 06 to May 12 06?

I'd greatly appreciate your prompt responses in these times of distress. I'm sure you understand.

Thanking you in advance.

- G
Click to expand...
 
But the experience letter issued by Company A clearly states the last date to be April 01, 2006 and they wont change it despite my many requests. Furthermore this experience letter was used for H1 transfer to Company B.

Is there a lot of risk in telling the turth that I wasnt working from April 01 to May 22nd 2006?
 
hi great_guru,

I'd appreciate your thoughts on this situation. I have to travel soon.

Do you think the visa stamping officer will have access to the details of documents I had submitted for H1 transfer? If not I'm thinking about modifying the experience letter a bit to fit to your suggestion above.

Else, I will have to put the actual end date and hope the officer doesnt notice it or be ready to explain the situation.

Thanking you in advance,
- G
 
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