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H-1b out-of-status How long is OK ?

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  • H-1b out-of-status How long is OK ?

    I have been in the US on H-1B for 3 yrs. I got laid off end of Jan 2002. I have now found a potential employer. Will INS approve my H-1B transfer petition ?? Its going to be almost 6 months. Whats the maximum time that somebody has been out-of-status and got INS approval ? 3 months ? 6 months ? more than 6 months ? Tks Niko

  • #2
    I have been in the US on H-1B for 3 yrs. I got laid off end of Jan 2002. I have now found a potential employer. Will INS approve my H-1B transfer petition ?? Its going to be almost 6 months. Whats the maximum time that somebody has been out-of-status and got INS approval ? 3 months ? 6 months ? more than 6 months ? Tks Niko

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    • #3
      Actually, H1-b has been invalid since the next you got laid off. You can file the H1-b petition with the new employee, but there is high possibility that you are rejected. But there is always chance to be accepted if you file H1 with a reliable employer. INS tends not to pick you if the unemployed period is within 3 months. If it is over that, INS will ask you why you could not file for 6months. You will be forgiven if you can prove compelling reason for that.

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      • #4
        You may run the risk to be put on deportation proceedings.
        Your former employer may have requested CIS to revoke your petition and maybe have notified the US consulate to revoke your visa. After 9/11 there is a "no tolerance policy".
        Service Centers are known for sending RFE's requesting pay stubs form your previous H1B to prove that you did not change employer's prior of filing your new H1B under the H1B portability.

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