H1 without I-94

C

cheesesoft

Registered Users (C)
Hello All,

I need advice from people who were in the same situation as mine before and from senior members.

My present visa and I-94 will expire in September.My new employer's H1 application went to RFE and for that we requested consular processing as I did not have paystubs for some period.

My present question is : Will a Canada trip help solve this out ? At the POE if I show the new approval notice , will I be given new I-94 dates based on the new approval notice,which we are expecting ? Is there anyone out there who was successful in getting this ?

Will I be given the present visa stamp dates (Sep 03) , incase POE person won't agree for the new dates ?

Worst case scenerio is what for me at the POE ? What are the chances of being asked to go to India for visa stamp ? Can the officer at POE cancel the present visa stamp in the PP as I no longer work with that company ?

Seniors , I am looking for an answer to this question since quite a some time. I would appreciate any help in this case ?

Thanks
cs
 
LCSilence,

6 months. By the way how is this going to matter ? There are cases where for even 1 month gap I-94 was denied. I am looking for advice and info on getting I-94 at POE. Did you have some or did you go through such a situation. If so I would appreciate if you throw some light on that.

cs
 
I was told one month gap will be fine by my attorney. And Personally I did a transfer with one month without paystubs(company A - B), and then another tranfer when the first transfer is still pending(company B- C). I got both H-1B petition approved.
 
I was told one month gap will be fine by my attorney. And Personally I did a transfer with one month without paystubs(company A - B), and then another tranfer when the first transfer was still pending(company B- C). I got both H-1B petition sapproved. A friend of mine actually did it with two months gap.

If you have 6 month gap, from what I heard it was a pretty dangerous situation. Because if you are out of status for 180 days and you may subject to entry bar at your home country. Find a good immigration lawyer to see what is your option.
 
There was a question on an AILA mailing list regarding this exact question. Below was my response:

There is no grace period. Below is a quote from a document posted on AILA InfoNet, Doc. No. 01122031 (December 20, 2001 ).

Practitioners should also note that there is no formal grace
period yet available. In June 2001, Michael Pearson released a
memo indicating that INS was considering a 60-day grace
period. Michael Pearson, Memorandum to Service Center
Directors et al (HQ 70/6.2.8), Initial Guidance for Processing
H-1B Petitions, June 19, 2001, posted on AILA InfoNet, Doc. No.
01062031 (June 20, 2001). However, that memo also expressly
warned that no one should rely on that provision. One should
also consider the recent AILA/Nebraska Service Center (NSC)
liaison minutes, in which NSC commented that an alien who had
been terminated from H-1B employment thirty days ago would
have spent too much time out of status for NSC to exercise
favorable discretion in his or her case. AILA, INS Nebraska
Service Center Liaison Minutes, posted on AILA InfoNet, Doc. No.
01101833 (October 18, 2001). When submitting these cases,
practitioners may want to refer to the INS Commissioner's memo
on prosecutorial discretion to outline the factors for a favorable
grant of discretion. Doris Meissner, Memorandum to Regional
Directors, et al. (HQ OPP 50/4), Exercising Prosecutorial
Discretion, November 17, 2000, posted on AILA InfoNet, Doc.
No. 00112702 (November 27, 2000). Perhaps this will lead to a
favorable outcome at the administrative level, but if not, it
will also lay out the record for possible appeal or litigation.

It has also been stated more recently that INS has adopted a "zero tolerance" policy. This was described in a post on AILA InfoNet at Doc. No. 02043001 (June 11, 2002), which described the policy as follows:

The INS has begun to institute a zero tolerance policy. This
means that if people are out of status, adjudicators will not
be exercising discretion to consider the status violation de
minimis and approve the benefit being sought. There is
tremendous pressure being brought to bear by the
Administration, the Congress, and the INS itself to ensure that
the present state of the law is being followed precisely.
Members should be aware of this policy.

It certainly doesn't seem to be a good time to request INS to be nice.
 
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