Out of status - great guru

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sud3

Registered Users (C)
Hi great guru
I changed from H4 to H1 in october 2005. During that time i was in interview process with another company.

Thats a better offer. So I havent worked for the previous company.

Second company applied for my H1 in December. I got it approved in March 2006. I have H4 during that period. Now I have to go for stamping.

So am I eligible to go to Mexico for visa stamping. Am I out of status for those few months.

Thanks
 
Do not make it mess.
If your new H1 approval comes with I 94 at bottom start working for second company untill you get 5/6 pay stubs.

If you do not want to go outside US, continue to work with second company - after a year if necessary go for stamping.


sud3 said:
Hi great guru
I changed from H4 to H1 in october 2005. During that time i was in interview process with another company.

Thats a better offer. So I havent worked for the previous company.

Second company applied for my H1 in December. I got it approved in March 2006. I have H4 during that period. Now I have to go for stamping.

So am I eligible to go to Mexico for visa stamping. Am I out of status for those few months.

Thanks
Click to expand...
 
Out of status - great guru advice

Hi great guru
My new H1 B approval doesnt come with I94. My new company attorney filed my H1 B in consular processing.
So I have to go out and reenter to trigger my H status.

SInce I didnt work from October 2005(first H1 B got approved) ...I have H4 visa (Nov205-Nov2006). Am I out of status. Can I go to mexico for visa stamping.

I read somewhere, I cant go to Mexico for visa stamping, if I am out of status.

Thanks.
 
Did your first H1 come with I 94 or a new one?

As far as you have your I 94 valid for your H4, you are not out of status, theoratically.


sud3 said:
Hi great guru
My new H1 B approval doesnt come with I94. My new company attorney filed my H1 B in consular processing.
So I have to go out and reenter to trigger my H status.

SInce I didnt work from October 2005(first H1 B got approved) ...I have H4 visa (Nov205-Nov2006). Am I out of status. Can I go to mexico for visa stamping.

I read somewhere, I cant go to Mexico for visa stamping, if I am out of status.

Thanks.
Click to expand...
 
Hi great guru
Yes my first H1 came with I 94. But since I didnt submit any paystubs for H1 transfer, my second employer filed mine in consular processing.

So the second company lawyer adviced me to go for stamping before starting my new job.

I took an appointment in Mexico, but I heard that third nationals with out of status cant go to Mexico.

So I want to make sure that I am eligible for taking visa interview in Mexico.
Thanks.
 
You can take an appointment and try your stamping. Since you have valid H4/ even your h1 denied you may able to re-enter with your h4.

Yes my first H1 came with I 94. But since I didnt submit any paystubs for H1 transfer, my second employer filed mine in consular processing.

So the second company lawyer adviced me to go for stamping before starting my new job.

I took an appointment in Mexico, but I heard that third nationals with out of status cant go to Mexico.

So I want to make sure that I am eligible for taking visa interview in Mexico.
Thanks.[/QUOTE]
 
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