urrgennt help required

V

vaish

Registered Users (C)
Here is my case history:
I landed a job of Business Analyst in may/June time
frame They started working on my
H1B petition right away. I got my H1B visa approved on
7/16 from Mumbai Consulate. I flew to USA on 8/11.
Applied for my social security # which has not come
till date. In the meantime, situation at employers end changed & they did not require a Business
Analyst . As they were unable to support my
employment, they duly conveyed the
same to BCIS. Thus I was never put on pay role and I
have no pay stubs to support my previous H1B
employment.

I have now got a job with aanother employer & they r filing forr my H1 transfer.however I dont have any paystubs as I wasnever put on roles. M i out of status.?????

My lawyer says thata I m not out of status because as per the BCIS rule , I am in status for at least 30 days
after I entered the US, because the immigration laws
generally don't make it mandatory for an
employer to put someone on the payroll until they have
been in the US for 30 days.

Please clarify
 
I have now got a job with another employer & they r filing for my H1 transfer. however I don’t have any pay stubs as I was never put on roles. M i out of status.

My lawyer says that a I m not out of status because as per the BCIS rule , I am in status for at least 30 days
after I entered the US, because the immigration laws
generally don't make it mandatory for an
employer to put someone on the payroll until they have
been in the US for 30 days.
--------- I think he is correct but you can’t file for H1 transfer with out pay stubs. I hope your employer will file for new H1 and you may not get I-94 extended with new H1 approval notice. In that scenario you may have to exit US and reenter, get new I-94 based on new H1.
 
thanx ginnu....

however if i have to leave usa ... can u please suggest me where should i go sinnce i dont want to go to India....

what dou u think of canada & mexico... do u think its ok if i go there & get my visa stamped or will i have to go to my home country only


Regards & thanx
 
thanx ginnu....

however if I have to leave usa ... can u please suggest me where should i go sinnce i dont want to go to India....


- ------- I hope you have already H1B visa stamped in your passport with past company name and that visa stamp may be valid for more than 1-2 year , if it is true then just go to Mexico or Canada Surrender your currant I-94 to Canada immigration( because you will not face INS or BCIS when enter Canada or Mexico) they will not ask for it, give them the I-94 and while you return at border get new I-94 showing the old passport visa and new H1 approval notice you will get new I-94 till the validity of new H1 approval, enter and work , past employer can only revoke the H1B petition NOT the Visa sticker it is still valid with your new H1 ( you may need Canada visitor visa ) many Mexico border post don’t look at your passport or check Mexican visitor visa they know that you are not going to stay in Mexico, when return from Mexico ask the INS/BCIS officer to give you new I-94 based on new H1 approval. Once you get H1 approval post in this thread if any help needed
- What do u think of Canada & Mexico... do u think its ok if I go there & get my visa stamped or will I have to go to my home country only
- ----- It is your choice, if you want to get new H1 stamp I prefer Canada Toronto, if they refuse the stamp then you have to go straight to home country.

Please aslo talk to your lawyer for the above options
 
hey ginnu....

thanx a ton forr all this gr8 advice....

I have as of now a H1 B visa stamp with the name of my prrevious employer which is valid till July 2006....& i have I-94 with also July 2006 date.

now once i get an approval for new H1 B with the new employer..whaat do u think is the best course of action that i should aadopt....???????

will i have to agaain go thru with another visa interview with the consulate for getting a new H1 B visa stamp or will i just need a new I-94 with the new date... I m a bit confused....If i just need a new I- 94 than i can just go to canada & come back... oor do u think that I will have to go to USA consulate at mumbai or canada to again get a visa stamp.....

Quite a few lawyerrs have tolld me that I will agaainn have to go to Mumbai consulate for another H1 B stamp... I donnt understannd though cause my H1 B visa is valid till July 2006 ... Its just that i m changing jobs....

Please do give me your advice. Ii m really looking forward for the same & sincerely sorry for the bother

Regards

vaish
 
I have as of now a H1 B visa stamp with the name of my prrevious employer which is valid till July 2006....& i have I-94 with also July 2006 date.

now once i get an approval for new H1 B with the new employer..whaat do u think is the best course of action that i should aadopt....???????
---------------- go out exit and re-enter with new I-94
will i have to agaain go thru with another visa interview with the consulate for getting a new H1 B visa stamp or will i just need a new I-94 with the new date... I m a bit confused....If i just need a new I- 94 than i can just go to canada & come back... oor do u think that I will have to go to USA consulate at mumbai or canada to again get a visa stamp.....
------ you have visa stamped no need of visa stamp just exit and re-enter and get new I-94
Quite a few lawyerrs have tolld me that I will agaainn have to go to Mumbai consulate for another H1 B stamp... I donnt understannd though cause my H1 B visa is valid till July 2006 ... Its just that i m changing jobs....
----- why you need new visa? You should ask them, I don’t think you need new visa stamp
Please do give me your advice. Ii m really looking forward for the same & sincerely sorry for the bother
 
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