Out of Status Question - Help

M

maniax

Registered Users (C)
I got laid off on February 6th. I got paid until February 13th. I spoke to my employer and they said that they will send out a letter to the INS on February 13th revoking my visa . I found a new employer who filed for my visa transfer and the application packet reached the INS office on February 13th. I now have the approval notice.

I have 2 questions:
1. Was I out of status from Feb 6th to Feb 13th? If I was, how strict is the INS when it comes to dealing with people who've been out of status for a short period.
2. I have an appointment in the Chennai consulate later this year (May 2006) for a visa stamping. I heard that it takes few months for INS to process H1 cancellations. Given this, Is it advisable for me to go to Canada and get a stamping asap to be safe? (I have a MS from US and am eligible to goto Canada for stamping).

Any suggestions and comments are really appreciated.
 
Time to get a new employer

IN my case, my employer is not revoking the H1 or 140 filed. How long do I have to move to a new employer?
 
Pyxis Solution

Any body who has experience with Pyxis Solution company? Please post your opinions.

Thanks
 
maniax said:
I got laid off on February 6th. I got paid until February 13th. I spoke to my employer and they said that they will send out a letter to the INS on February 13th revoking my visa . I found a new employer who filed for my visa transfer and the application packet reached the INS office on February 13th. I now have the approval notice.

I have 2 questions:
1. Was I out of status from Feb 6th to Feb 13th? If I was, how strict is the INS when it comes to dealing with people who've been out of status for a short period.
2. I have an appointment in the Chennai consulate later this year (May 2006) for a visa stamping. I heard that it takes few months for INS to process H1 cancellations. Given this, Is it advisable for me to go to Canada and get a stamping asap to be safe? (I have a MS from US and am eligible to goto Canada for stamping).

Any suggestions and comments are really appreciated.
Click to expand...

1. If they paid you through the 13th, then you were on their payroll. I’d say you were not out of status.

2. If you have your approval notice for you new H1, you should be fine. As for the possible out of status issue, as long as you don’t lie and are up front with us, you should be fine.
 
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