layoff time ground for denial of CP??

[sgksgk]

hello immihelp,

Can you please advice if CP would be a wise decision??

I was laid off from company A while in H1 status. Company A said my H1 status with them would be valid for 1 month from the date of lay off. I got a new H1 after 3 months with company B, which applied for my GC. In the employment history.. I have a gap of 3 and 1/2 months between employments with the present and previous companies.

I do not know if company A cancelled my H1 as they mentioned they would after a month of layoff.

Will I be considered out of status during those 3 months
and could that be a ground for denial of my CP?

My PD is expected to be current in the next cutoff dates
and I already received Packet III. I am hesitant to discuss that with my attorney as he does not encourage CP much.

Thanks for your response

--SGK

[immihelp]

Had you filed for your new H1 within 1 month 10 days after you were laid off(1 month time which employer gave + 10 days per rule)?

[sgksgk]

No, I could not find new H1 sponsor within 1 month and 10 days. the RD on New H1 petition is almost 2 and 1/2 months later that the date of Layoff.
that means I was atleast 35-40 days late after the deadline to file for new H1.

Thanks,

--SGK

[immihelp]

I think that should be fine for CP interview.

[rockstar123]

Here's what I know:

The consulate will be very strict if one has overstayed in the USA, that is beyond the date written on your I-94 on the passport.

As for the out of status, there is a defined number of days one is allowed to be out of status [i think it is 180 days].

[sgksgk]

Thanks much guys..
I got a similar response from some other sites.
This gives me some confidence

Thanks to all and good luck..

--SGK

[nscwaiting]

My urgent suggestion:

Pay the fees for an hour of consulation with a different attorney. You do not have to transfer your case to him/her - just pay them to sit with you and answer any questions you have.

This is an important issue, and you do not want to base your decision on what the newsgroups say.

Good luck.