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Is Out Of Status A Problem For Future Stamping

Discussion in 'Nonimmigrant Visa Validity' started by tombrady, Nov 25, 2014.

  1. tombrady

    tombrady New Member

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    Hi

    I was working with company ABC and then transferred my H1 to XYZ in October 2013 through regular processing and started working with receipt.

    ABC revoked my visa in November so i asked XYZ to expedite my H1, they did it and for some reason it got denied in December 2013 after an RFE. So technically i was out of status for 3 months. But I had a valid I94 till 2016, so i wasn't illegal.

    I immediately left to India next day of denial notice and got my H4 stamping. Below are my 2 questions

    1) I still have 2 1/2 year left on my H1, can i join new company based on this H1. Is my out of status for 3 months in 2013 going to create any issues for my H1

    2) with new executive action i might be eligble for EAD through my husband. Does the out of status for 3 months going to create issues for EAD.

    Thanks
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You weren't out of status. When you file an extension or change of employer petition, you remain in status while it is pending. You are allowed to work for the new employer as soon as the USCIS receives the new petition. In your case, you left promptly after the petition was denied, which is what you are supposed to do. I don't see any issues here at all.
     
  3. tombrady

    tombrady New Member

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    Thanks Ron. Literally i wasnt out of status, but people say technically yes. I have one question when i am filling DS 160 form , what should be my answer to this question. Yes and explain my scenario or say No ?

    Have you ever been unlawfully present,overstayed the amount of time granted by an immigration official or otherwise violated the terms of a US visa?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Based on the facts as you have explained them, I'd answer "No."
     

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