Travel Qs

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NPRao

Registered Users (C)
I read some of the threads here and was still not clear with my situation.

1. I have EAD and AP and got my LC, I-140 and pending-I-485.
2. I also have a Out of Status back in 2001 when the economy took a downfall and got a new visa and came back for a Full Time Position at the same company for the last 7 years.
3. My current H1-B visa is valid until end of Nov-2008 and I am applying for a 3-year H1-B extension.

I was thinking of a trip to India on AP? My last extension visa does not have stamping and I have the I-94 up to Nov-2008

I read the parole documents which state that entry can be denied etc for someone out of status over 180 days etc after 1997.

Does that affect me in a any way?

I also got to know recently that our company's immigration lawyer has filed my GC for 'Consular Processing' in Chennai because of the previous visa's out -of-status issue. Does anyone had a similar case?

Your inputs are appreciated.

Thanks
 
NPRao said:
I read the parole documents which state that entry can be denied etc for someone out of status over 180 days etc after 1997. Does that affect me in a any way?
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Did you ever overstay an I-94, or receive a written notice from USCIS/INS that you were out of status?
 
Did you ever overstay an I-94, or receive a written notice from USCIS/INS that you were out of status?
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No never.

The current company's lawyer determined that I am out-of-status because of the 1st 2001 visa issue when the previous consultancy I was with, failed to provide the pay stubs during the bench period.
And also decided to do Consular processing in Chennai.
 
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Were you employed with the consultancy during that period? Is the bench period more than 180 days?

Also when you transferred, you would have shown last 2 pay stubs? Even then , he says out of status... thats curious..
 
Were you employed with the consultancy during that period? Is the bench period more than 180 days?
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Yes, yes.

Also when you transferred, you would have shown last 2 pay stubs? Even then , he says out of status... thats curious..
Click to expand...
The new company filed for a new H1-B and did not transfer the old one. So I am on the new one for last 7 years and processing my GC with them.
 
Did you travel outside the country on your current H1 and got it stamped?
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No. This is my extension visa and I did not go out of USA to get it stamped.
 
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NP_Rao,

This is what I found on USCIS:
Q : Must an H-1B alien be working at all times?

As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

May be you are in status once you can get the leave letter. Check with your attorney on this.
 
A lot of H1b employers (especially consulting companies) don't pay their employees when they're on bench, or on vacation. This is not legal but is a widely prevailing practice.
I've known several cases when women in such situations take a few months off to have a baby and sometimes take extended time off (six months is not uncommon) and then join their employer and continue working. This seems to work out ok, as the last two pay stubs seem to be important for an H1 transfer or for stamping and extended time off does not seem to have much impact.
In fact your case is quite similar to mine, where my wife was on H1 and took a six month break for the same reason and then joined the employer.
We later travelled on AP without any issues.
 
True statement.

So I wanted to make sure I understood the statements on the AP documents, as I have been in good status for last 7 years with no issues.

And also wanted to understand, why our company's attorney considers that as out-of-status and applied for Chennai consular processing for Green Card. I was wondering if there are others who got GC from there?
 
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NPRao said:
And also wanted to understand, why our company's attorney considers that as out-of-status and applied for Chennai consular processing for Green Card. I was wondering if there are others who got GC from there?
Click to expand...

Your attorney is not aware of the difference between being out of status and illegally present.
 
Hi nj_skm.

Did your wife took break more than 6 months? My wife took from jan 07 - July 07 and in 2006 2 months , she was in India then.

Thanks
 
My wife took leave from May 2007 - May 2008. Btw her empployer processed her paycheck for the month of July 2007 for her to apply 485 through me.

We applied for 485 in Aug 2007 so she should be good eventhough she is not working for her employer in H1. BTW she started working for another company in May 2008.
 
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