New H1-B stamping, lay off queries

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a_paradkar

Registered Users (C)
Another question for Guru's
Another query related to my H1-B.....

I was laid off from my previous emplyer on June 30 2003. My severance check is dated July 26, 2003. I got a new job on Aug 11 2003. they filed my new petition in the same week (Aug 15,2003) and subsequently got my H1-B approved with a new I-94.
I have an H1-B Stamped from my previous employer whose expiry date is till 10 Dec 2005.

I am planning to go to India (Dec9-Jan6)
questions?
1. I am aware many of you have been saying I dont need a new H1-B stamp for re-entry? Please confirm

2. IF I DECIDED TO GET A NEW STAMP will the gap between previous layoff - starting new job (5 weeks period, 2 weeks if severance check is considered as a last paycheck) is going to be against me if i go to the US consulate for re-stamping my new H1-B?

3. What are the chances for denial of H1-B stamp? will they also cancel my previous H1-B stamp also? Please advice

4. I am definately sure my previous employer did send a letter to INS in Aug-Sept 2003 saying i am no longer on their payroll.

Thanks and let me know
a_paradkar
 
a_paradkar said:
Another question for Guru's
Another query related to my H1-B.....

I was laid off from my previous emplyer on June 30 2003. My severance check is dated July 26, 2003. I got a new job on Aug 11 2003. they filed my new petition in the same week (Aug 15,2003) and subsequently got my H1-B approved with a new I-94.
I have an H1-B Stamped from my previous employer whose expiry date is till 10 Dec 2005.

I am planning to go to India (Dec9-Jan6)
questions?
1. I am aware many of you have been saying I dont need a new H1-B stamp for re-entry? Please confirm
--- show your Visa stamp through past employer AND H1 transfer notice at POE and you will get I-94 date till H1 tranfer date, check the I-94 date at POE if any mistake point out to officer or ask for supervisor
2. IF I DECIDED TO GET A NEW STAMP will the gap between previous layoff - starting new job (5 weeks period, 2 weeks if severance check is considered as a last paycheck) is going to be against me if i go to the US consulate for re-stamping my new H1-B?
---- I cant answer this question becase US consulate can ask anything or demand any document for Visa stamping
3. What are the chances for denial of H1-B stamp? will they also cancel my previous H1-B stamp also? Please advice
---I dont know, and I will not take the risk of Visa stamping becase they may delay
4. I am definately sure my previous employer did send a letter to INS in Aug-Sept 2003 saying i am no longer on their payroll.
--- if the employer sent letter to USCIS to revoke your H1 petition then only your H1 petition is revoked by USCIS the Visa stamp is done US consulate and they are under DOS, still you can use that Visa stamp to enter US and show H1 approval and visa stamp at POE
Thanks and let me know
a_paradkar
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