jaxen/jim please please help....leaving country in few days

S

srikanthsiva

Registered Users (C)
i received my new h1-b notice of approval but my extension for visa was denied because they said i was laid off on Feb 1 and therefore i am out of status. ( I applied for H-4 on March 15, which is still pending) Nevertheless, the H-1B was approved

The bottom part of the notice of approval states the following:

"The alien may use this portion when applying for a visa at an American Consulate abroad, or if no visa is required, when applying for admission to the US".

My current multiple entry visa is valid till december 2003.....do i need to get a new multiple entry visa or can i return on the same one?
I am afraid to apply for new one because i may be barred.....

What do i do? My lawyer said i dont really need a new multiple entry but it all depends on POE....
 
Is it an extension or transfer

You have said that you had applied for extension? how can you apply for an extension if you were laid off. I guess yours is a H1B transfer and INS didnt approve ur transfer. Instead they issued a new H1B asking you to go ur home country consulate for stamping.

Yes indeed you have to go and get the new stamping from ur home country otherwise u would be considered out of status.
 
it was a brand new H-1 application

INS wrote back asking my current status when lawyer applied for new
H-1..

Are u sure i need new multiple entry stamp?

What if i get rejected and barred?
 
No Title

Since it was a new petition, they had approved it and asked you to go to your home country and get the stamp before entering. So what is the confusion about? Why do you unnecessarily worry about things which are not in your control? Go back and get a new stamp before re-entering. If stamping is rejected, you cannot come back. You cannot use your old stamp and new approval as the transfer had been denied and the officer at POE would be aware. Your "out-of-status" presence in this country would also be noted when you go for your stamping.
 
Yes. Get the stamp before using new H1

That way you can reset your out of status. Do you have a receipt number for H4 transfer? Else get a certified letter from the lawyer who handled H4 stating that the COS was applied on time. Explain everything clearly in a letter.
 
read this

in the letter by INS, it states that i only applied for h-4 on March 15 which is 45 days late.....thats why im not in status........

If i just come back in the country with my current multiple entry stamp, will i get back on h-1 status?
 
FROM DOS WEBSITE

Please note that you do not require a new visa merely because you have changed employers and received a new I-797 petition from the Immigration and Naturalization Service (INS). If your current visa is still valid, you may reenter the US with that visa as long as you are in possession of a valid I-797, even though the visa contains the information from your former employer.
 
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