| Q. |
H1B visa Stamping in Canada but out of status once
Hello,
I am a South Korean and currently in Canada.
I will be applying for H1B stamping in coming
October.
However, I am worried because I was out of
status about 2 months back in 2006 because
I was laid off from previous company.
Basically, there was 2 month gap between the
prevous and the current employer. I had H-1B
but because of the 2 month unemployment,
I was out of status.
Now, will this 2 month cause me trouble getting
H-1B visa stamping Canada? I am worried because
form DS-157 asks about previous employment.
My lawyer told me, I should not worry because
I was not "unlawfull stay".
Thank you.
User's Location:
Richmond, Virginia, United States of America
Category:
Employment-based Green Card
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| A. |
If when you filed for the new h-1b they gave you extension of status, with a new I-94, you should be fine. It will not be considered unlawful stay. |
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
Thank you. I am glad to hear good news.
I have one more follow up question.
In section 38 of DS-156, they ask the following question:
Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?
Is violated the terms of a U.S. visa different from "out of status" due to brief unemployment due to the layoff? Should I answer NO?
Thank you. |
| |
|
| A. |
You should answer truthfully. If you worked illegally you should say you violated your visa. If you did not, answer no. |
| |
Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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