H1B Extenstion of Stay Denied! Urgent Need Help!!

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Coluser1

Registered Users (C)
Hi Guys

I need some help. I quit my company A on Mar 15 when i got the Job offer at Company B on Mar 1 and wasnt sure of the H1b regulations . Company B applied my H1b transfer only on Apr 22. The Letter from Nebraska Consulate came back on May 27th with H1B approval but extension of stay denied because i was out of status for 5 weeks and specifies that i need to get stamped at Chennai Consulate unless i want a different Consulate but i need to fill i-824 form for that.
I am not sure what to do at this point. My old Visa stamp had expired on Jan 2004 but i had my i-94 upto 2006 from my previous employer .

I need some advice on if I could apply i-824 to change my consulate office and fly to Vancouver or Montreal and get my H1B stamped , and if so how long would it take for them to approve the change of consulate office and on what circumstances do they approve this change (criticality at job that i can't travel and be out for a long time?) ?
what are the documents i need to travel to Canada and if i could make an appointment before i get there online?
Is it better to go for H1b stamping at Canada than Chennai.
What explanation would i give for the time between Mar 15 to April 22 during my out of status time. ( I started working for Company B when the application was applied to INS)

Please help!
thanks
 
Coluser1 said:
Hi Guys

I quit my company A on Mar 15 when i got the Job offer at Company B on Mar 1 and wasnt sure of the H1b regulations . Company B applied my H1b transfer only on Apr 22.
---- that was mistake, new employer was supposed apply Transfer ASAP when you left A
The Letter from Nebraska Consulate came back on May 27th with H1B approval but extension of stay denied because i was out of status for 5 weeks and specifies that i need to get stamped at Chennai Consulate unless i want a different Consulate but i need to fill i-824 form for that.
I am not sure what to do at this point. My old Visa stamp had expired on Jan 2004 but i had my i-94 upto 2006 from my previous employer .
you need to go out and get H1 visa stamped from Chennai, get h1 visa stamp and enter with new I-94
I need some advice on if I could apply i-824 to change my consulate office and fly to Vancouver or Montreal and get my H1B stamped , and if so how long would it take for them to approve the change of consulate office and on what circumstances do they approve this change (criticality at job that i can't travel and be out for a long time?) ?
------ they may not change it for Vancouver or Montreal as you are not citizen of Canada even if you file I-824 it takes a long time

what are the documents i need to travel to Canada and if i could make an appointment before i get there online?
Is it better to go for H1b stamping at Canada than Chennai.
----Chennai, you may get rejected in Canada
What explanation would i give for the time between Mar 15 to April 22 during my out of status time. ( I started working for Company B when the application was applied to INS)
------ you have to give the actual reason if they ask and you know the reason. Why dont you talk to new company lawyer for more info as it the lawyer or employer who filed H1 transfer late
Please help!
thanks
Click to expand...
 
Thanks Ginnu,

Any thoughts why it would take time for the I-824 application to process if i just request to change the consulate..

thanks again
 
Thanks Ginnu,

Suppose my attorney says that he would file the I-824 for changing consulate would I continue to be on Out of Status situation untill they start processing my application or is there any workaround for that. can my attorny re appeal ..and if he does wil i still add more days of being out of status.. since my extension of stay was denied based on timeliness of filing reason.what's your thoughts on this..


thanks again.
 
H1 extension and DUI

Hi guys,

I need your help regarding the DUI issue and its effect on H1-B1 visa extension.

In April 2003, I was charged with DUI / DWI / OUI ( first offense ) in the state of Massachussetts. The first offence in MA is misdemanor or felony? Is it considered as crime of moral turiptude on which basis, the embassy or INS can reject the visa.
I was given $475 fine, one year of unsupervised probation ( I was not required to report back to my probation officer anytime or after one year or I was not required to come back to the court on the probation ending date.) and no community service.
After my probation was over, I did not receive any document from the court. Should I contact the court or my lawyer for any documentation about case dismissal. ( It was CWOF - Continued without finding on the court papers )
I have applied for my H1-B1 visa extension ( first H1 completing in August 2004 ) which will take 4-6 months. Am I supposed to send any court documents to INS regarding this?
I was planning to leave america for visa stamping later this year. Will this DUI conviction affect my re-entry chances to America?

Any feedback regarding this will be a tremendous help!

Thank you
 
Court Reporters document

Hi Guys...

Those of u who have done the H1-B1 stamping in India after the DUI ....what documents did u guys produce?

I have Court case Disposition Record and Copy of the police Record.

I dont have one specific document called "Court Reporters document." This document normally has the statements recorded from the time your case was brought to the court till the final judgement. ( conversation between the defendant and the judge) This document would be prepared by the court reporter/clerk....

Does anyone know if this document is must? I dont have it and I have applied for the audio tape as the court I went to, used audio tapes instead of typed transcripts...(sealed tapes )...

Please respond to this thread regarding what documents did u guys produce and what questions were asked...and specially...if this "Court Reporters document" is necessary to be produced at the US embassy...I am planning to goto india for stamping in 2 months..

G....
 
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