Dosth - Potentially problematic
1. Tom was layed off in April, 2001. He was on an H1B (valid till NOV 2002) --> Out of status from this month.
2. The employer tells he will not revoke the visa(Tom is not sure if he did or didnot revoke it ) --> Call SC and enter receipt # to confirm if revoked but this is of no importance here.
4. In July 2001, he gets an offer from another company and they file for his H1B .They ask Tom to commence working after they get the LIN. He commences work on Sept 4, 2001. --> Likely unauthorized employment. Further the attorney knew about it since he/ she applied for a new H1 and not a H1-H1.
6. INS approves the petition and sends Notice ( I-797 B , ie without an I-94) --> Having received an I-797B Tom should have re-entered the country unless the attorney promised a corrected I-797C.
10. Tom , according to the lawyer, has no option but to go to Chennai and get it stamped and that too ASAP ( the company has booked a ticket for DECEMBER 4, 2001 ...The company is very highly supportive
of Tom and are ready to provide any help).. --> It is important to determine if Tom\'s unauthorized stay has exceeded 180 days.
Questions:
1. Does Tom have any other options ?(Can and Mex are not stamping TCN\'s),is sending to ST.LOUIS an option ? --> In the absence of a valid I-94 St.Louis is not an option.
2. Do you see any problem in him going to Chennai to get it stamped
(specially is there any direct impact of the Sept 11 tragedy ?) --> The bigger problem is the probable unauthorized employment and stay. Post 9/11 impact is the least of Tom\'s headaches.
3. The lawyer had filed for a new petition but still asked Tom to start working after the LIN , is that going to be an affecting factor ? --> This is puzzling. If it is not a transfer how could the attorney advise Tom to commence working ?
4. What documents should he be carrying (if he definetly has to go to
Chennai) so that he does not fall short on his part of showing enough proof? -->
http://madras.sphynx.com/wwwhniv.html. However Tom\'s case is not simple and he may need a qualified attorney\'s advice. The current attorney\'s expertise looks suspect.
5. Should he have experience letters or any paystubs from previous employers ? and present them to the consulate ? --> Proof of continued legal employment is always helpful.