out of status and then back in status
Aug 7th 2002, 12:36 pm
#1
Guest
Posts: n/a
out of status and then back in status
Hi All,
If an H-1B visa holder gets out-of-status for 3 or 4 months by being on the bench
without pay, and then he gets back in-status by being paid again, what will happen?
Specifically, 1- will this affect his H-1B visa renewal when the first period
expires? 2- will this affect the green card process started by the employer?
Thanks for your answers, Ben
If an H-1B visa holder gets out-of-status for 3 or 4 months by being on the bench
without pay, and then he gets back in-status by being paid again, what will happen?
Specifically, 1- will this affect his H-1B visa renewal when the first period
expires? 2- will this affect the green card process started by the employer?
Thanks for your answers, Ben
Aug 7th 2002, 9:15 pm
#2
Guest
Posts: n/a
Re: out of status and then back in status
On Wed, 07 Aug 2002 17:36:37 -0700, Ben Eliyazar wrote:
> Hi All,
> If an H-1B visa holder gets out-of-status for 3 or 4 months by being on the bench
> without pay, and then he gets back in-status by being paid again, what will happen?
Actually, once you are out of status, you stay out of status - you don't go back in
status just by being paid again. You would have to leave the US, apply for a new H-1B
visa (even if your old one hasn't expired, the status violation would have cancelled
it), and come back. Once you do that, there are very few ill consequences in the
future. The only consequence I can think of is that you can't change or extend or
adjust status in the US, but will have to use a consulate in your home country.
> Specifically, 1- will this affect his H-1B visa renewal when the first period
expires?
You can still get it approved, but then will need to get a new visa at a consulate in
your home country.
> 2- will this affect the green card process started by the employer?
Same answer: no problem, but you will probably need to use consular processing. Ask
an attorney.
Ingo
> Hi All,
> If an H-1B visa holder gets out-of-status for 3 or 4 months by being on the bench
> without pay, and then he gets back in-status by being paid again, what will happen?
Actually, once you are out of status, you stay out of status - you don't go back in
status just by being paid again. You would have to leave the US, apply for a new H-1B
visa (even if your old one hasn't expired, the status violation would have cancelled
it), and come back. Once you do that, there are very few ill consequences in the
future. The only consequence I can think of is that you can't change or extend or
adjust status in the US, but will have to use a consulate in your home country.
> Specifically, 1- will this affect his H-1B visa renewal when the first period
expires?
You can still get it approved, but then will need to get a new visa at a consulate in
your home country.
> 2- will this affect the green card process started by the employer?
Same answer: no problem, but you will probably need to use consular processing. Ask
an attorney.
Ingo
Aug 8th 2002, 10:27 am
#3
Guest
Posts: n/a
Re: out of status and then back in status
Hi,
Thanks Ingo for the valuable information. Maybe I am asking redundant questions but I
am trying to understand the H-1B rules.
I now have the following questions: 1- How will the INS know that I was
out-of-status? Will they specifically ask for all the payslips? If so, when? When I
am applying to renew the H-1B? Or during the GC process? 2- Can't I say that I was on
leave for 3 months for personal purposes? I am still employed at my company but I am
not getting paid. 3- Will the new simultaneous filling of the I-40 and I-485 be of
any help? I am expecting to clear the LC in a couple of months, can I then file
simultaneously the I-40, I-785 and fix the problem?
Thanks again, Ben
Ingo Pakleppa <[email protected]> wrote in message
news:<[email protected]> ...
> On Wed, 07 Aug 2002 17:36:37 -0700, Ben Eliyazar wrote:
> > Hi All,
> >
> > If an H-1B visa holder gets out-of-status for 3 or 4 months by being on the bench
> > without pay, and then he gets back in-status by being paid again, what will
> > happen?
> Actually, once you are out of status, you stay out of status - you don't go back in
> status just by being paid again. You would have to leave the US, apply for a new
> H-1B visa (even if your old one hasn't expired, the status violation would have
> cancelled it), and come back. Once you do that, there are very few ill consequences
> in the future. The only consequence I can think of is that you can't change or
> extend or adjust status in the US, but will have to use a consulate in your home
> country.
> > Specifically, 1- will this affect his H-1B visa renewal when the first period
> expires?
> You can still get it approved, but then will need to get a new visa at a consulate
> in your home country.
> > 2- will this affect the green card process started by the employer?
> Same answer: no problem, but you will probably need to use consular processing. Ask
> an attorney.
> Ingo
Thanks Ingo for the valuable information. Maybe I am asking redundant questions but I
am trying to understand the H-1B rules.
I now have the following questions: 1- How will the INS know that I was
out-of-status? Will they specifically ask for all the payslips? If so, when? When I
am applying to renew the H-1B? Or during the GC process? 2- Can't I say that I was on
leave for 3 months for personal purposes? I am still employed at my company but I am
not getting paid. 3- Will the new simultaneous filling of the I-40 and I-485 be of
any help? I am expecting to clear the LC in a couple of months, can I then file
simultaneously the I-40, I-785 and fix the problem?
Thanks again, Ben
Ingo Pakleppa <[email protected]> wrote in message
news:<[email protected]> ...
> On Wed, 07 Aug 2002 17:36:37 -0700, Ben Eliyazar wrote:
> > Hi All,
> >
> > If an H-1B visa holder gets out-of-status for 3 or 4 months by being on the bench
> > without pay, and then he gets back in-status by being paid again, what will
> > happen?
> Actually, once you are out of status, you stay out of status - you don't go back in
> status just by being paid again. You would have to leave the US, apply for a new
> H-1B visa (even if your old one hasn't expired, the status violation would have
> cancelled it), and come back. Once you do that, there are very few ill consequences
> in the future. The only consequence I can think of is that you can't change or
> extend or adjust status in the US, but will have to use a consulate in your home
> country.
> > Specifically, 1- will this affect his H-1B visa renewal when the first period
> expires?
> You can still get it approved, but then will need to get a new visa at a consulate
> in your home country.
> > 2- will this affect the green card process started by the employer?
> Same answer: no problem, but you will probably need to use consular processing. Ask
> an attorney.
> Ingo
Aug 8th 2002, 2:42 pm
#4
Guest
Posts: n/a
Re: out of status and then back in status
Oups I meant forms I-140 and I-485 
[email protected] (Ben Eliyazar) wrote in message
news:<[email protected]. com>...
> Hi,
> Thanks Ingo for the valuable information. Maybe I am asking redundant questions but
> I am trying to understand the H-1B rules.
> I now have the following questions: 1- How will the INS know that I was
> out-of-status? Will they specifically ask for all the payslips? If so, when? When I
> am applying to renew the H-1B? Or during the GC process? 2- Can't I say that I was
> on leave for 3 months for personal purposes? I am still employed at my company but
> I am not getting paid. 3- Will the new simultaneous filling of the I-40 and I-485
> be of any help? I am expecting to clear the LC in a couple of months, can I then
> file simultaneously the I-40, I-785 and fix the problem?
> Thanks again, Ben
> Ingo Pakleppa <[email protected]> wrote in message
> news:<[email protected]> ...
> > On Wed, 07 Aug 2002 17:36:37 -0700, Ben Eliyazar wrote:
> >
> > > Hi All,
> > >
> > > If an H-1B visa holder gets out-of-status for 3 or 4 months by being on the
> > > bench without pay, and then he gets back in-status by being paid again, what
> > > will happen?
> >
> > Actually, once you are out of status, you stay out of status - you don't go back
> > in status just by being paid again. You would have to leave the US, apply for a
> > new H-1B visa (even if your old one hasn't expired, the status violation would
> > have cancelled it), and come back. Once you do that, there are very few ill
> > consequences in the future. The only consequence I can think of is that you can't
> > change or extend or adjust status in the US, but will have to use a consulate in
> > your home country.
> >
> > > Specifically, 1- will this affect his H-1B visa renewal when the first period
> > expires?
> >
> > You can still get it approved, but then will need to get a new visa at a
> > consulate in your home country.
> >
> > > 2- will this affect the green card process started by the employer?
> >
> > Same answer: no problem, but you will probably need to use consular processing.
> > Ask an attorney.
> >
> > Ingo
[email protected] (Ben Eliyazar) wrote in message
news:<[email protected]. com>...
> Hi,
> Thanks Ingo for the valuable information. Maybe I am asking redundant questions but
> I am trying to understand the H-1B rules.
> I now have the following questions: 1- How will the INS know that I was
> out-of-status? Will they specifically ask for all the payslips? If so, when? When I
> am applying to renew the H-1B? Or during the GC process? 2- Can't I say that I was
> on leave for 3 months for personal purposes? I am still employed at my company but
> I am not getting paid. 3- Will the new simultaneous filling of the I-40 and I-485
> be of any help? I am expecting to clear the LC in a couple of months, can I then
> file simultaneously the I-40, I-785 and fix the problem?
> Thanks again, Ben
> Ingo Pakleppa <[email protected]> wrote in message
> news:<[email protected]> ...
> > On Wed, 07 Aug 2002 17:36:37 -0700, Ben Eliyazar wrote:
> >
> > > Hi All,
> > >
> > > If an H-1B visa holder gets out-of-status for 3 or 4 months by being on the
> > > bench without pay, and then he gets back in-status by being paid again, what
> > > will happen?
> >
> > Actually, once you are out of status, you stay out of status - you don't go back
> > in status just by being paid again. You would have to leave the US, apply for a
> > new H-1B visa (even if your old one hasn't expired, the status violation would
> > have cancelled it), and come back. Once you do that, there are very few ill
> > consequences in the future. The only consequence I can think of is that you can't
> > change or extend or adjust status in the US, but will have to use a consulate in
> > your home country.
> >
> > > Specifically, 1- will this affect his H-1B visa renewal when the first period
> > expires?
> >
> > You can still get it approved, but then will need to get a new visa at a
> > consulate in your home country.
> >
> > > 2- will this affect the green card process started by the employer?
> >
> > Same answer: no problem, but you will probably need to use consular processing.
> > Ask an attorney.
> >
> > Ingo
Aug 10th 2002, 11:35 pm
#5
Guest
Posts: n/a
Re: out of status and then back in status
On Thu, 08 Aug 2002 15:27:09 -0700, Ben Eliyazar wrote:
> Hi,
> Thanks Ingo for the valuable information. Maybe I am asking redundant questions but
> I am trying to understand the H-1B rules.
> I now have the following questions: 1- How will the INS know that I was
> out-of-status? Will they specifically ask for all the payslips? If so, when? When I
> am applying to renew the H-1B? Or during the GC process?
They will ask you for your immigration history, have you ever been in the US, when,
and what status were you in. Of course you could lie and say you were in status all
the time - but if they ever find out, you would get deported for immigration fraud.
If you are a US citizen, you would be stripped of US citizenship first.
On the other hand, the underlying problem may be fairly easy to fix, depending on
details of the situation, how long ago that was, etc. It may be possible to fix it
simply by leaving the US, applying for a new H-1B visa (being out of status may
invalidate your old one), and then returning.
> 2- Can't I say that I was on leave for 3 months for personal purposes? I am still
> employed at my company but I am not getting paid.
You would have to show a couple things:
- such a leave is routinely available to US citizens working there. For instance,
maternity leave would not be a problem at all. Other personal leaves will require a
good reason.
- you requested the leave out of your own volition, the request for the leave did not
come from your employer.
> 3- Will the new simultaneous filling of the I-40 and I-485 be of any help? I am
> expecting to clear the LC in a couple of months, can I then file simultaneously the
> I-40, I-785 and fix the problem?
You should hire a good attorney to guide you on this.
> Thanks again, Ben
> Ingo Pakleppa <[email protected]> wrote in message
> news:<[email protected]> ...
>> On Wed, 07 Aug 2002 17:36:37 -0700, Ben Eliyazar wrote:
>> > Hi All,
>> >
>> > If an H-1B visa holder gets out-of-status for 3 or 4 months by being on the
>> > bench without pay, and then he gets back in-status by being paid again, what
>> > will happen?
>> Actually, once you are out of status, you stay out of status - you don't go back
>> in status just by being paid again. You would have to leave the US, apply for a
>> new H-1B visa (even if your old one hasn't expired, the status violation would
>> have cancelled it), and come back. Once you do that, there are very few ill
>> consequences in the future. The only consequence I can think of is that you can't
>> change or extend or adjust status in the US, but will have to use a consulate in
>> your home country.
>> > Specifically, 1- will this affect his H-1B visa renewal when the first period
>> expires?
>> You can still get it approved, but then will need to get a new visa at a consulate
>> in your home country.
>> > 2- will this affect the green card process started by the employer?
>> Same answer: no problem, but you will probably need to use consular processing.
>> Ask an attorney.
>> Ingo
> Hi,
> Thanks Ingo for the valuable information. Maybe I am asking redundant questions but
> I am trying to understand the H-1B rules.
> I now have the following questions: 1- How will the INS know that I was
> out-of-status? Will they specifically ask for all the payslips? If so, when? When I
> am applying to renew the H-1B? Or during the GC process?
They will ask you for your immigration history, have you ever been in the US, when,
and what status were you in. Of course you could lie and say you were in status all
the time - but if they ever find out, you would get deported for immigration fraud.
If you are a US citizen, you would be stripped of US citizenship first.
On the other hand, the underlying problem may be fairly easy to fix, depending on
details of the situation, how long ago that was, etc. It may be possible to fix it
simply by leaving the US, applying for a new H-1B visa (being out of status may
invalidate your old one), and then returning.
> 2- Can't I say that I was on leave for 3 months for personal purposes? I am still
> employed at my company but I am not getting paid.
You would have to show a couple things:
- such a leave is routinely available to US citizens working there. For instance,
maternity leave would not be a problem at all. Other personal leaves will require a
good reason.
- you requested the leave out of your own volition, the request for the leave did not
come from your employer.
> 3- Will the new simultaneous filling of the I-40 and I-485 be of any help? I am
> expecting to clear the LC in a couple of months, can I then file simultaneously the
> I-40, I-785 and fix the problem?
You should hire a good attorney to guide you on this.
> Thanks again, Ben
> Ingo Pakleppa <[email protected]> wrote in message
> news:<[email protected]> ...
>> On Wed, 07 Aug 2002 17:36:37 -0700, Ben Eliyazar wrote:
>> > Hi All,
>> >
>> > If an H-1B visa holder gets out-of-status for 3 or 4 months by being on the
>> > bench without pay, and then he gets back in-status by being paid again, what
>> > will happen?
>> Actually, once you are out of status, you stay out of status - you don't go back
>> in status just by being paid again. You would have to leave the US, apply for a
>> new H-1B visa (even if your old one hasn't expired, the status violation would
>> have cancelled it), and come back. Once you do that, there are very few ill
>> consequences in the future. The only consequence I can think of is that you can't
>> change or extend or adjust status in the US, but will have to use a consulate in
>> your home country.
>> > Specifically, 1- will this affect his H-1B visa renewal when the first period
>> expires?
>> You can still get it approved, but then will need to get a new visa at a consulate
>> in your home country.
>> > 2- will this affect the green card process started by the employer?
>> Same answer: no problem, but you will probably need to use consular processing.
>> Ask an attorney.
>> Ingo
Aug 11th 2002, 1:49 pm
#6
Guest
Posts: n/a
Re: out of status and then back in status
Thanks Ingo.
Do you know how much time it takes now to get an H-1B visa using the priority
processing?
Ben
Ingo Pakleppa <[email protected]> wrote in message
news:<[email protected]> ...
> On Thu, 08 Aug 2002 15:27:09 -0700, Ben Eliyazar wrote:
> > Hi,
> >
> > Thanks Ingo for the valuable information. Maybe I am asking redundant questions
> > but I am trying to understand the H-1B rules.
> >
> > I now have the following questions: 1- How will the INS know that I was
> > out-of-status? Will they specifically ask for all the payslips? If so, when? When
> > I am applying to renew the H-1B? Or during the GC process?
> They will ask you for your immigration history, have you ever been in the US, when,
> and what status were you in. Of course you could lie and say you were in status all
> the time - but if they ever find out, you would get deported for immigration fraud.
> If you are a US citizen, you would be stripped of US citizenship first.
> On the other hand, the underlying problem may be fairly easy to fix, depending on
> details of the situation, how long ago that was, etc. It may be possible to fix it
> simply by leaving the US, applying for a new H-1B visa (being out of status may
> invalidate your old one), and then returning.
> > 2- Can't I say that I was on leave for 3 months for personal purposes? I am still
> > employed at my company but I am not getting paid.
> You would have to show a couple things:
> - such a leave is routinely available to US citizens working there. For instance,
> maternity leave would not be a problem at all. Other personal leaves will require
> a good reason.
> - you requested the leave out of your own volition, the request for the leave did
> not come from your employer.
> > 3- Will the new simultaneous filling of the I-40 and I-485 be of any help? I am
> > expecting to clear the LC in a couple of months, can I then file simultaneously
> > the I-40, I-785 and fix the problem?
> You should hire a good attorney to guide you on this.
> > Thanks again, Ben
> >
> >
> > Ingo Pakleppa <[email protected]> wrote in message
> > news:<[email protected]> ...
> >> On Wed, 07 Aug 2002 17:36:37 -0700, Ben Eliyazar wrote:
> >>
> >> > Hi All,
> >> >
> >> > If an H-1B visa holder gets out-of-status for 3 or 4 months by being on the
> >> > bench without pay, and then he gets back in-status by being paid again, what
> >> > will happen?
> >>
> >> Actually, once you are out of status, you stay out of status - you don't go back
> >> in status just by being paid again. You would have to leave the US, apply for a
> >> new H-1B visa (even if your old one hasn't expired, the status violation would
> >> have cancelled it), and come back. Once you do that, there are very few ill
> >> consequences in the future. The only consequence I can think of is that you
> >> can't change or extend or adjust status in the US, but will have to use a
> >> consulate in your home country.
> >>
> >> > Specifically, 1- will this affect his H-1B visa renewal when the first period
> >> expires?
> >>
> >> You can still get it approved, but then will need to get a new visa at a
> >> consulate in your home country.
> >>
> >> > 2- will this affect the green card process started by the employer?
> >>
> >> Same answer: no problem, but you will probably need to use consular processing.
> >> Ask an attorney.
> >>
> >> Ingo
Do you know how much time it takes now to get an H-1B visa using the priority
processing?
Ben
Ingo Pakleppa <[email protected]> wrote in message
news:<[email protected]> ...
> On Thu, 08 Aug 2002 15:27:09 -0700, Ben Eliyazar wrote:
> > Hi,
> >
> > Thanks Ingo for the valuable information. Maybe I am asking redundant questions
> > but I am trying to understand the H-1B rules.
> >
> > I now have the following questions: 1- How will the INS know that I was
> > out-of-status? Will they specifically ask for all the payslips? If so, when? When
> > I am applying to renew the H-1B? Or during the GC process?
> They will ask you for your immigration history, have you ever been in the US, when,
> and what status were you in. Of course you could lie and say you were in status all
> the time - but if they ever find out, you would get deported for immigration fraud.
> If you are a US citizen, you would be stripped of US citizenship first.
> On the other hand, the underlying problem may be fairly easy to fix, depending on
> details of the situation, how long ago that was, etc. It may be possible to fix it
> simply by leaving the US, applying for a new H-1B visa (being out of status may
> invalidate your old one), and then returning.
> > 2- Can't I say that I was on leave for 3 months for personal purposes? I am still
> > employed at my company but I am not getting paid.
> You would have to show a couple things:
> - such a leave is routinely available to US citizens working there. For instance,
> maternity leave would not be a problem at all. Other personal leaves will require
> a good reason.
> - you requested the leave out of your own volition, the request for the leave did
> not come from your employer.
> > 3- Will the new simultaneous filling of the I-40 and I-485 be of any help? I am
> > expecting to clear the LC in a couple of months, can I then file simultaneously
> > the I-40, I-785 and fix the problem?
> You should hire a good attorney to guide you on this.
> > Thanks again, Ben
> >
> >
> > Ingo Pakleppa <[email protected]> wrote in message
> > news:<[email protected]> ...
> >> On Wed, 07 Aug 2002 17:36:37 -0700, Ben Eliyazar wrote:
> >>
> >> > Hi All,
> >> >
> >> > If an H-1B visa holder gets out-of-status for 3 or 4 months by being on the
> >> > bench without pay, and then he gets back in-status by being paid again, what
> >> > will happen?
> >>
> >> Actually, once you are out of status, you stay out of status - you don't go back
> >> in status just by being paid again. You would have to leave the US, apply for a
> >> new H-1B visa (even if your old one hasn't expired, the status violation would
> >> have cancelled it), and come back. Once you do that, there are very few ill
> >> consequences in the future. The only consequence I can think of is that you
> >> can't change or extend or adjust status in the US, but will have to use a
> >> consulate in your home country.
> >>
> >> > Specifically, 1- will this affect his H-1B visa renewal when the first period
> >> expires?
> >>
> >> You can still get it approved, but then will need to get a new visa at a
> >> consulate in your home country.
> >>
> >> > 2- will this affect the green card process started by the employer?
> >>
> >> Same answer: no problem, but you will probably need to use consular processing.
> >> Ask an attorney.
> >>
> >> Ingo
Aug 11th 2002, 8:25 pm
#7
Guest
Posts: n/a
Re: out of status and then back in status
In theory, 15 days, but I hear that in practice INS doesn't always complete security
checks in time and then issues RFEs just to buy time.
But why are you interested in that? What you may need (depending on circumstances
that an attorney should advise you about) in order to fix your problem is a new H-1B
visa (stamp in your passport); your old petition would still be valid (assuming it
hasn't expired and you are still working for the same employer).
Ingo
On Sun, 11 Aug 2002 18:49:08 -0700, Ben Eliyazar wrote:
> Thanks Ingo.
> Do you know how much time it takes now to get an H-1B visa using the priority
> processing?
> Ben
> Ingo Pakleppa <[email protected]> wrote in message
> news:<[email protected]> ...
>> On Thu, 08 Aug 2002 15:27:09 -0700, Ben Eliyazar wrote:
>> > Hi,
>> >
>> > Thanks Ingo for the valuable information. Maybe I am asking redundant questions
>> > but I am trying to understand the H-1B rules.
>> >
>> > I now have the following questions: 1- How will the INS know that I was
>> > out-of-status? Will they specifically ask for all the payslips? If so, when?
>> > When I am applying to renew the H-1B? Or during the GC process?
>> They will ask you for your immigration history, have you ever been in the US,
>> when, and what status were you in. Of course you could lie and say you were in
>> status all the time - but if they ever find out, you would get deported for
>> immigration fraud. If you are a US citizen, you would be stripped of US
>> citizenship first.
>> On the other hand, the underlying problem may be fairly easy to fix, depending on
>> details of the situation, how long ago that was, etc. It may be possible to fix it
>> simply by leaving the US, applying for a new H-1B visa (being out of status may
>> invalidate your old one), and then returning.
>> > 2- Can't I say that I was on leave for 3 months for personal purposes? I am
>> > still employed at my company but I am not getting paid.
>> You would have to show a couple things:
>> - such a leave is routinely available to US citizens working there. For instance,
>> maternity leave would not be a problem at all. Other personal leaves will
>> require a good reason.
>> - you requested the leave out of your own volition, the request for the leave did
>> not come from your employer.
>> > 3- Will the new simultaneous filling of the I-40 and I-485 be of any help? I am
>> > expecting to clear the LC in a couple of months, can I then file simultaneously
>> > the I-40, I-785 and fix the problem?
>> You should hire a good attorney to guide you on this.
>> > Thanks again, Ben
>> >
>> >
>> > Ingo Pakleppa <[email protected]> wrote in message
>> > news:<[email protected]> ...
>> >> On Wed, 07 Aug 2002 17:36:37 -0700, Ben Eliyazar wrote:
>> >>
>> >> > Hi All,
>> >> >
>> >> > If an H-1B visa holder gets out-of-status for 3 or 4 months by being on the
>> >> > bench without pay, and then he gets back in-status by being paid again, what
>> >> > will happen?
>> >>
>> >> Actually, once you are out of status, you stay out of status - you don't go
>> >> back in status just by being paid again. You would have to leave the US, apply
>> >> for a new H-1B visa (even if your old one hasn't expired, the status violation
>> >> would have cancelled it), and come back. Once you do that, there are very few
>> >> ill consequences in the future. The only consequence I can think of is that you
>> >> can't change or extend or adjust status in the US, but will have to use a
>> >> consulate in your home country.
>> >>
>> >> > Specifically, 1- will this affect his H-1B visa renewal when the first period
>> >> expires?
>> >>
>> >> You can still get it approved, but then will need to get a new visa at a
>> >> consulate in your home country.
>> >>
>> >> > 2- will this affect the green card process started by the employer?
>> >>
>> >> Same answer: no problem, but you will probably need to use consular processing.
>> >> Ask an attorney.
>> >>
>> >> Ingo
checks in time and then issues RFEs just to buy time.
But why are you interested in that? What you may need (depending on circumstances
that an attorney should advise you about) in order to fix your problem is a new H-1B
visa (stamp in your passport); your old petition would still be valid (assuming it
hasn't expired and you are still working for the same employer).
Ingo
On Sun, 11 Aug 2002 18:49:08 -0700, Ben Eliyazar wrote:
> Thanks Ingo.
> Do you know how much time it takes now to get an H-1B visa using the priority
> processing?
> Ben
> Ingo Pakleppa <[email protected]> wrote in message
> news:<[email protected]> ...
>> On Thu, 08 Aug 2002 15:27:09 -0700, Ben Eliyazar wrote:
>> > Hi,
>> >
>> > Thanks Ingo for the valuable information. Maybe I am asking redundant questions
>> > but I am trying to understand the H-1B rules.
>> >
>> > I now have the following questions: 1- How will the INS know that I was
>> > out-of-status? Will they specifically ask for all the payslips? If so, when?
>> > When I am applying to renew the H-1B? Or during the GC process?
>> They will ask you for your immigration history, have you ever been in the US,
>> when, and what status were you in. Of course you could lie and say you were in
>> status all the time - but if they ever find out, you would get deported for
>> immigration fraud. If you are a US citizen, you would be stripped of US
>> citizenship first.
>> On the other hand, the underlying problem may be fairly easy to fix, depending on
>> details of the situation, how long ago that was, etc. It may be possible to fix it
>> simply by leaving the US, applying for a new H-1B visa (being out of status may
>> invalidate your old one), and then returning.
>> > 2- Can't I say that I was on leave for 3 months for personal purposes? I am
>> > still employed at my company but I am not getting paid.
>> You would have to show a couple things:
>> - such a leave is routinely available to US citizens working there. For instance,
>> maternity leave would not be a problem at all. Other personal leaves will
>> require a good reason.
>> - you requested the leave out of your own volition, the request for the leave did
>> not come from your employer.
>> > 3- Will the new simultaneous filling of the I-40 and I-485 be of any help? I am
>> > expecting to clear the LC in a couple of months, can I then file simultaneously
>> > the I-40, I-785 and fix the problem?
>> You should hire a good attorney to guide you on this.
>> > Thanks again, Ben
>> >
>> >
>> > Ingo Pakleppa <[email protected]> wrote in message
>> > news:<[email protected]> ...
>> >> On Wed, 07 Aug 2002 17:36:37 -0700, Ben Eliyazar wrote:
>> >>
>> >> > Hi All,
>> >> >
>> >> > If an H-1B visa holder gets out-of-status for 3 or 4 months by being on the
>> >> > bench without pay, and then he gets back in-status by being paid again, what
>> >> > will happen?
>> >>
>> >> Actually, once you are out of status, you stay out of status - you don't go
>> >> back in status just by being paid again. You would have to leave the US, apply
>> >> for a new H-1B visa (even if your old one hasn't expired, the status violation
>> >> would have cancelled it), and come back. Once you do that, there are very few
>> >> ill consequences in the future. The only consequence I can think of is that you
>> >> can't change or extend or adjust status in the US, but will have to use a
>> >> consulate in your home country.
>> >>
>> >> > Specifically, 1- will this affect his H-1B visa renewal when the first period
>> >> expires?
>> >>
>> >> You can still get it approved, but then will need to get a new visa at a
>> >> consulate in your home country.
>> >>
>> >> > 2- will this affect the green card process started by the employer?
>> >>
>> >> Same answer: no problem, but you will probably need to use consular processing.
>> >> Ask an attorney.
>> >>
>> >> Ingo
Aug 12th 2002, 5:40 am
#8
Guest
Posts: n/a
Re: out of status and then back in status
Hi Ingo,
As always, thanks for the valuable remarks. Would you consider giving personalized
adviced? If so please e-mail me your contacts.
Can you please elaborate on your last advice. You mean I just take my I-129 and go
back to the consulate where I got my visa to get a second stamp? What will I tell the
consulate officer? That I was out-of-status and I am here to fix it?
I am still working for the same employer with the same job qualifications and my
I-129 hasn't expired yet.
Thanks, Ben
Ingo Pakleppa <[email protected]> wrote in message
news:<[email protected]> ...
> In theory, 15 days, but I hear that in practice INS doesn't always complete
> security checks in time and then issues RFEs just to buy time.
> But why are you interested in that? What you may need (depending on circumstances
> that an attorney should advise you about) in order to fix your problem is a new
> H-1B visa (stamp in your passport); your old petition would still be valid
> (assuming it hasn't expired and you are still working for the same employer).
> Ingo
> On Sun, 11 Aug 2002 18:49:08 -0700, Ben Eliyazar wrote:
> > Thanks Ingo.
> >
> > Do you know how much time it takes now to get an H-1B visa using the priority
> > processing?
> >
> > Ben
> >
> > Ingo Pakleppa <[email protected]> wrote in message
> > news:<[email protected]> ...
> >> On Thu, 08 Aug 2002 15:27:09 -0700, Ben Eliyazar wrote:
> >>
> >> > Hi,
> >> >
> >> > Thanks Ingo for the valuable information. Maybe I am asking redundant
> >> > questions but I am trying to understand the H-1B rules.
> >> >
> >> > I now have the following questions: 1- How will the INS know that I was
> >> > out-of-status? Will they specifically ask for all the payslips? If so, when?
> >> > When I am applying to renew the H-1B? Or during the GC process?
> >>
> >> They will ask you for your immigration history, have you ever been in the US,
> >> when, and what status were you in. Of course you could lie and say you were in
> >> status all the time - but if they ever find out, you would get deported for
> >> immigration fraud. If you are a US citizen, you would be stripped of US
> >> citizenship first.
> >>
> >> On the other hand, the underlying problem may be fairly easy to fix, depending
> >> on details of the situation, how long ago that was, etc. It may be possible to
> >> fix it simply by leaving the US, applying for a new H-1B visa (being out of
> >> status may invalidate your old one), and then returning.
> >>
> >> > 2- Can't I say that I was on leave for 3 months for personal purposes? I am
> >> > still employed at my company but I am not getting paid.
> >>
> >> You would have to show a couple things:
> >>
> >> - such a leave is routinely available to US citizens working there. For
> >> instance, maternity leave would not be a problem at all. Other personal leaves
> >> will require a good reason.
> >> - you requested the leave out of your own volition, the request for the leave
> >> did not come from your employer.
> >>
> >> > 3- Will the new simultaneous filling of the I-40 and I-485 be of any help? I
> >> > am expecting to clear the LC in a couple of months, can I then file
> >> > simultaneously the I-40, I-785 and fix the problem?
> >>
> >> You should hire a good attorney to guide you on this.
> >>
> >> > Thanks again, Ben
> >> >
> >> >
> >> > Ingo Pakleppa <[email protected]> wrote in message
> >> > news:<[email protected]> ...
> >> >> On Wed, 07 Aug 2002 17:36:37 -0700, Ben Eliyazar wrote:
> >> >>
> >> >> > Hi All,
> >> >> >
> >> >> > If an H-1B visa holder gets out-of-status for 3 or 4 months by being on the
> >> >> > bench without pay, and then he gets back in-status by being paid again,
> >> >> > what will happen?
> >> >>
> >> >> Actually, once you are out of status, you stay out of status - you don't go
> >> >> back in status just by being paid again. You would have to leave the US,
> >> >> apply for a new H-1B visa (even if your old one hasn't expired, the status
> >> >> violation would have cancelled it), and come back. Once you do that, there
> >> >> are very few ill consequences in the future. The only consequence I can think
> >> >> of is that you can't change or extend or adjust status in the US, but will
> >> >> have to use a consulate in your home country.
> >> >>
> >> >> > Specifically, 1- will this affect his H-1B visa renewal when the first
> >> >> > period
> >> >> expires?
> >> >>
> >> >> You can still get it approved, but then will need to get a new visa at a
> >> >> consulate in your home country.
> >> >>
> >> >> > 2- will this affect the green card process started by the employer?
> >> >>
> >> >> Same answer: no problem, but you will probably need to use consular
> >> >> processing. Ask an attorney.
> >> >>
> >> >> Ingo
As always, thanks for the valuable remarks. Would you consider giving personalized
adviced? If so please e-mail me your contacts.
Can you please elaborate on your last advice. You mean I just take my I-129 and go
back to the consulate where I got my visa to get a second stamp? What will I tell the
consulate officer? That I was out-of-status and I am here to fix it?
I am still working for the same employer with the same job qualifications and my
I-129 hasn't expired yet.
Thanks, Ben
Ingo Pakleppa <[email protected]> wrote in message
news:<[email protected]> ...
> In theory, 15 days, but I hear that in practice INS doesn't always complete
> security checks in time and then issues RFEs just to buy time.
> But why are you interested in that? What you may need (depending on circumstances
> that an attorney should advise you about) in order to fix your problem is a new
> H-1B visa (stamp in your passport); your old petition would still be valid
> (assuming it hasn't expired and you are still working for the same employer).
> Ingo
> On Sun, 11 Aug 2002 18:49:08 -0700, Ben Eliyazar wrote:
> > Thanks Ingo.
> >
> > Do you know how much time it takes now to get an H-1B visa using the priority
> > processing?
> >
> > Ben
> >
> > Ingo Pakleppa <[email protected]> wrote in message
> > news:<[email protected]> ...
> >> On Thu, 08 Aug 2002 15:27:09 -0700, Ben Eliyazar wrote:
> >>
> >> > Hi,
> >> >
> >> > Thanks Ingo for the valuable information. Maybe I am asking redundant
> >> > questions but I am trying to understand the H-1B rules.
> >> >
> >> > I now have the following questions: 1- How will the INS know that I was
> >> > out-of-status? Will they specifically ask for all the payslips? If so, when?
> >> > When I am applying to renew the H-1B? Or during the GC process?
> >>
> >> They will ask you for your immigration history, have you ever been in the US,
> >> when, and what status were you in. Of course you could lie and say you were in
> >> status all the time - but if they ever find out, you would get deported for
> >> immigration fraud. If you are a US citizen, you would be stripped of US
> >> citizenship first.
> >>
> >> On the other hand, the underlying problem may be fairly easy to fix, depending
> >> on details of the situation, how long ago that was, etc. It may be possible to
> >> fix it simply by leaving the US, applying for a new H-1B visa (being out of
> >> status may invalidate your old one), and then returning.
> >>
> >> > 2- Can't I say that I was on leave for 3 months for personal purposes? I am
> >> > still employed at my company but I am not getting paid.
> >>
> >> You would have to show a couple things:
> >>
> >> - such a leave is routinely available to US citizens working there. For
> >> instance, maternity leave would not be a problem at all. Other personal leaves
> >> will require a good reason.
> >> - you requested the leave out of your own volition, the request for the leave
> >> did not come from your employer.
> >>
> >> > 3- Will the new simultaneous filling of the I-40 and I-485 be of any help? I
> >> > am expecting to clear the LC in a couple of months, can I then file
> >> > simultaneously the I-40, I-785 and fix the problem?
> >>
> >> You should hire a good attorney to guide you on this.
> >>
> >> > Thanks again, Ben
> >> >
> >> >
> >> > Ingo Pakleppa <[email protected]> wrote in message
> >> > news:<[email protected]> ...
> >> >> On Wed, 07 Aug 2002 17:36:37 -0700, Ben Eliyazar wrote:
> >> >>
> >> >> > Hi All,
> >> >> >
> >> >> > If an H-1B visa holder gets out-of-status for 3 or 4 months by being on the
> >> >> > bench without pay, and then he gets back in-status by being paid again,
> >> >> > what will happen?
> >> >>
> >> >> Actually, once you are out of status, you stay out of status - you don't go
> >> >> back in status just by being paid again. You would have to leave the US,
> >> >> apply for a new H-1B visa (even if your old one hasn't expired, the status
> >> >> violation would have cancelled it), and come back. Once you do that, there
> >> >> are very few ill consequences in the future. The only consequence I can think
> >> >> of is that you can't change or extend or adjust status in the US, but will
> >> >> have to use a consulate in your home country.
> >> >>
> >> >> > Specifically, 1- will this affect his H-1B visa renewal when the first
> >> >> > period
> >> >> expires?
> >> >>
> >> >> You can still get it approved, but then will need to get a new visa at a
> >> >> consulate in your home country.
> >> >>
> >> >> > 2- will this affect the green card process started by the employer?
> >> >>
> >> >> Same answer: no problem, but you will probably need to use consular
> >> >> processing. Ask an attorney.
> >> >>
> >> >> Ingo
