Risk of applying H-1B VISA

[elink]

Dear Immihelp,

Could you please help me on these two questions:

#1. Am I out of status during the appeal of H-1B transfer deny? (the transfer was denied 3 months ago, after that I didn't work for any companies)

#2. If I get another H-1B transfer approved now, will I be excused or will I be asked to do a VISA stamp at my home country? Can VISA Officer deny my H-1B VISA because of the situation in question #1? I know I should not stay out of status for more than 6 months to avoid 3yr bar.

Thanks a lot!
elinkk

[broadersoftware]

#1. Am I out of status during the appeal of H-1B transfer deny? (the transfer was denied 3 months ago, after that I didn't work for any companies)


EVEN IF YOU DID NOT WORK, YOU STAYED ILLEGALLY FOR 3 MONTHS (OUT OF STATUS AFTER DENIAL)
CAN I KNOW THE REASON FOR DENIAL?

#2. If I get another H-1B transfer approved now, will I be excused or will I be asked to do a VISA stamp at my home country? Can VISA Officer deny my H-1B VISA because of the situation in question #1? I know I should not stay out of status for more than 6 months to avoid 3yr bar.


YOU MAY MOT GET A TRANSFER WITH I-94. YOUR VISA MAY BE DENIED AS YOU STAYED ILEGALLY.

This is not a legal advise. Please use at your own risk.

[elink]

Some lawyers say it will be counted as out of status only when the appeal fails at the end. Since the appeal is in process, the status is in between.

[anilkumar246]

To be honest with you, I was also out of status in Oct'05 after visa transfer got denied. The USCIS took 5 months to say that (I mean 5moths I applied for visa transfer and then got a query to the employer about his financial documents and then rejected the visa transfer since they weren't happy).

Even I thought of appealing, but didn't. Because people/attorney said that it would take a minimum of 1-2 yrs. Though your stay is legal during appeal time, you cannot work and transferring to other company is void.

They (consulted 4 attroneys) said that I have to leave the country, go back to home, get a new visa stamped and come back. Even my friend had same situation in Feb'05. But now both are in US in very short period of time after leaving the country. This is what we did.

Myself
1. Within two weeks got new premium visa from different employer.
2. Left to India and and next day itself got an emergency appointment at New Delhi (though I haild from south india, I can goto any US consulate/Embassy as I am a returning H1B worker). I should thank VFS, they have helpmed alot.
3.Gone to New Delhi Embassy, explained the situation and they granted me the visa with for 3 years. Hardly I was there (in embassy 10 mins. 5 mins for documents checking and fingerprinting and remaining for interview ). Believe it not, VO took only I797. thats it. didn't ask for any document including client letter, w2 forms paystubs. I had told him the fact and he was happy and issued visa with in mins.
4.Spent one more week with family in India and then back in 1st week of Nov to US.
5. Actually I had other option also. the thing for me no need to go for visa stamping since I have visa validity from my previous employer. Just like I could have gone out for 2 days and come back with new I-94 by showing new visa documents from new employer at POE. But to make my record clean, I did go for stamping.

so it was kind of a vacation for me (totally 3 weeks).

My Friend
He did the same way what I said in 5th point above.

So buddy, don't worry. TO be honest, I think you made a mistake by appealing. You should have gone to India and come back wiht new visa in your hand (if you have geniune documents and tell fact about your denial, I bet you would have got your visa by this time).

Be cautious, some attorney's want you to appeal for deny, which means they can make out some good bucks out of you. Be wise.

Anyhow GOOD LUCK and post what happened to your case.

Thanks,
AKS