H1B transfer after a gap

N

Njie

Active Member
I got laid-off from my previous company. I got another job later but there was a little more than 60 days gap in-between. My new employer applied for H1B transfer and I started working after I got receipt from INS. The company\'s lawyer has adviced me that upon receiving approval from INS I\'ll have to go to Canada and re-enter US to get a new I-94 but I need not get the visa stamped there.
Can anyone advice me if this is a correct approach? What are the risks involved?

Thanks
 
H1-B gap leave no pay stubs.....

I guess that going out to Canada to get a new I-94 would be necessary if your H1 is approved but the approval comes back without an I-94 at the bottom, Which means that you were considered out of status during that 60 days and need to get a visa & a new I-94 for a valid status to continue to work.
If indeed Ur I-797 comes back with an I-94, Can\'t U go for H1 revalidation at Dept of state, St. Louis? ( provided U already have a previous H1-B visa stamped in the passport , which expired less than 1 yr ago)

One of the risks of going to Canada would be that U would not be allowed back at the border if your visa gets refused.

(All the above made on the assumption that UR not canadian)

Hope this helps

Mark… my wife is in a somewhat similar situation as U were in.
She’s on an H1-B status with company A whose main office is in North East. I had to relocate southward and she accompanied. She’s on unpaid leave at present from company A. She has a job offer from Company B, which is closer to where we live and she’s planning for an H1-B transfer.
I have heard conflicting reports from different people including attorneys in this scenario.

That U started working.. I am presuming Ur lawyer used H1 portability in Ur case…Right?

Did U mail the pay stubs with Ur I-129?

How long did it take for U to get Ur receipt notification?

Was it at Texas Ctr?

I would appreciate any advice / updates based on Ur experience… & good luck

Thanks
Raks
 
INS Zero Tolerance Policy

INS has begun a zero tolerance policy. This means that if people are out of status, adjudicators will not be exercising discretion to consider the status violation minor 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.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
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