Please answer question in layman\'s terms

M

Mehul Sangani

New Member
Guys I was laid off on Nov 28, 2001 but will be on payroll till Dec 14, 2001. I\'m not sure if my company will inform INS abt the cancellation of H-1. Now lets say if I get a job sometime in February-March, then when doing H-1 transfer if INS asks for pay-stubs,
will the last pay-stub of Dec 14, 2001 be valid?
Are there chances that my transfer to denied based on the fact, that I wasn\'t on payroll during Dec-Jan-Feb?

I\'m also thinking of changing the status from H-1B to F-1.
Do I have to leave the country?
How do I change the status?

Any other suggestions would be greatly appreciated.
 
No Title

1. Yes
2. Yes (with INS anything is possible)
3. No, You can change the status from here
4. First get the admission. The admission office will tell you how to apply for a change of status. Also see the INS site for change of status forms.
 
H1 Tranfer Denied

Hi All,
       Here is some what complicated case.
       I came to USA on H1 Visa on Company A , my Visa was valid till Aug 2000 on Company A,
       In between in March 2000 I changed to new Company B, who filled my H1 tranfer and I got WAC number in April 2000 itself. Based on WAC number I was working with Company B according to new law.

Here comes the complex part

In Oct 2000 I got H1 tranfer Denied Notice from INS specifying that I didn\'t submit LCA , which was not true. My attoreny filed for case to be re-opened for motion immediately before the expiry of appeal date.

But my Company B employer was very concerned , since my H1 tranfer was denied and my previous visa too got expired...So Company B filed an new H1 visa in premium processing.. And now I got the approval for tis New H1.....

My concern is Should I go to India to get this New H1 Visa Stamped or Should I wait for the decision of Case re-opening so that I can apply for revalidation in USA itself

I want to avoid to travel to India due to present condition and I feel there is a risk in getting Visa becuase of my H1 Tranfer denial.
And INS and DOS are entirely differnet departments and they will look the case in different angles
Help on this is greatly appreciated.
 
Should try

Obviously your lawyer\'s opinion is worth more than mine. But here goes the logic for trying the stamp at the US consulate in India. The initial denial was based on a wrong information , so if the Consular officer cites that ,you can show the LCA (along with the denial letter).
Second big reason is that even if it is premium processing, it does not mean that your H1 was approved on a wrong pretext. INS should have checked its facts properly before denying and later approving the transfer.

Of course you can also get it revalidated here with the new approval. It is same as getting the stamp, at least you\'ll have access to your lawyer in case of trouble.
 
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