Hi there,
I lost my previous project about 5 months back. At that time, I was employed by an American consulting firm. As you know how bad the job market was/is, I couldn't find another project for 2.5 months (technically I was out of status, as the firm didn't generate my paystubs). I had to do my H1B transfer to a new company (American) when I got the current project 2 months back. I'm still in a project doing good but, just two days back I got my H1B approval document without I-94. Now, I have to go outside United States and face US consulate abroad before I can come back in here.

My questions are:
i. Looking at my situation, what is my chances of getting stamped?
ii. Where do you think I should go for the stamping, Nepal, Canada or Mexico? I mean, whether anybody is familiar with the current visa acceptance/denial trend in the above places.

I would really appreciate any information/feedback/guidance to my current situation.

Thanks,
Intrepid

Any sajha lawyers......

Intrepid,

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=6871022891

Intrepid,

If you are planning to get stamped in Nepal make sure that you have enough paperwork from current employer.I heard that US Embassy asks for photo of current workplace..thats completely non relevent

Most of the Dhoti consultacy gives you a H1packet before going back to native country for stamping.That H1 packet contains their registration and other other documents.

Also some friends were telling that US embassy have checklist for H1b stamping.

 

 

 

Thank you very much Pyaradeshbasiharu for your valuable information. I'll definitely take into consideration your insightful suggestions while making the decision. I'll keep you posted about my situations. Once again, thank you very much.

Intrepid

You are absolutely right Sitaram_121ji; sometimes minor glitches bring a lots of gigantic trouble. I'm not gonna leave any loop holes as far as I can see. Along with other required documents, I'll definitely take photos of my work place with me.

Thanks,
Intrepid

@intrepid, i am confused on your statement >>> At that time, I was employed by an American consulting firm

. As you know how bad the job market
was/is, I couldn't find another project for 2.5 months (technically I
was out of status, as the firm didn't generate my paystubs). I had to
do my H1B transfer to a new company (American) <<< so, do you mean that the previous American Consulting firm, who sponsored your H1B didn't know that there is no benching for H1B candidates? Did you file your H1B petition through them or was it a transfer as well? Did you ask any vacation time from them, if no..then legally you shouldn't be out of status (well it depends.....)...technically they should be the one paying you for that period of time with your paystubs...You can consult a lawyer, and file petition against them at DOL...

About getting your visa stamped, again you don't need this stamped until you decide to travel outside US. Murthy forum's H1B stamping section would provide you good insights on current trends in Canada or Mexico once you decide to go for stamping. Again like pyaradeshbasiharu said, Nepal would be the best bait, but it depends on personal preferences and convenience.

Cheers

Hey Unicorn,
When I lost my previous project, the company (H1B holder) gave me the employment termination letter right away (so that they can save their ass legally), but at the same time told me that they wouldn't revoke my H1B (wouldn't notify USCIS about my employment termination). And meanwhile, the marketing team started my marketing. I even approached couple of companies to do my H1B transfer right away, but, because of the crippled economy and tightening USCIS/DOL's policies, they too were playing safe game; 'First lets get a project and we'll do H1B transfer'.  Time passed so quickly to hit 2.5 months and I kept on trying. And finally got the current project, but, because of the rivalry between the companies and personality clashes between the recruiting folks, I couldn't materialize Corp-to-corp. So had to transfer my H1B to this new company even though I didn't have latest pay stubs.

I had thought about the possibility of the current situation, but didn't have any option other than to go for H1B transfer.

Intrepid

Unicorn,

Intrepid ,

Pyaradeshbasiharu,
I'm planning to go for stamping asap. I gotta discuss with my manager at the client company for the leave and other important stuffs.

Can you please shade light on this too? Even after H1B holding company issues legitimate termination letter, can we seek help of DOL for the pay stubs for the bench period after the termination date? I was just wondering coz' I think as soon as we receive the termination letter, there would not be any 'Bench' period'. It was my compulsion to stick with them even after getting the letter.

Thanks,
Intrepid

"Even after H1B holding company issues legitimate termination letter, can we seek help of DOL for the pay stubs for the bench period after the termination date? "

If it is the first time you are stamping H1B you would have to go to Nepal anyways.

@pyaradeshbasiharu, i believe, interpid's current petition is messed up by his new lawyers. He should have gotten his H1B transfer with the new I-94 card. I am not sure about this... but he can re-file to get his I-94 (please do your re-search) and still be in US, because it shouldn't have been a consular processing. Of course! the easy way would be to get out of the country get a valid visa and  a new I-94 while re-entering....Interpid>>You can call USCIS to check this ...I would suggest you to talk to an immigration lawyer asap......

About the first American consulting firm...either they are lying between their teeth or being ignorant...as it is mandatory for any H1B sponsoring company to inform USCIS about termination of H1B employee within a month. I am amazed by this...as any employer would give a minimum of 14 days notification before terminating any employee....If they still haven't done this...as said go to DOL, and you have a chance to get your pending wage.......

Good luck..

Unicorn,