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Posted on 12 Nov 2009
Q.

H-1B out of status options?

Went for H1B stamping in March to India when extension was pending, was issued a visa on 03/23/09 till 07/17/09(end date of my previous H1), mean time my extension was approved on 03/18/09 till 12/31/11, was still given a visa only till 07/17/09, is this a USCIS snafu? Entered US on 04/12/09, I94 was stamped till 07/17/09. End of Sep’09 I was laid off, found a job and was hoping to get a transfer done in Nov’09 but was informed by employer that I am of status since 07/17/09 since the I94 I got on 04/12/09 was controlling being the most recent one issued, they want me to go for consular processing in India. Is this my best option? Can I go to Canada for stamping and explain the situation instead of going to India? If yes, will the gap in employment since my lay off still be a problem?

User's Location: Lawrenceville, New Jersey, United States of America
Category: H1B Visa (Work Visa)
Posted on 13 Nov 2009
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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