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Subject: Re: H1B transfer | new job changed twice | out of status Posted on: Tue, 12 Jun 2007 16:32:58 +0000 (UTC)

On Jun 12, 10:48 am, ian-mstm
wrote:
> > On Jun 12, 8:31 am, ian-mstm
> > wrote:
> > > > Need some help on this issue..
>
> > > > I was employed at Company A until May, 2007. Before resigning I
> > > > had an
> > > > offer from Company B which had transferred by H1B Visa in April
> > > > end,
> > > > 2007. Before reporting to Company B, I got another offer from
> > > > Company
> > > > C and decided to pursue that. So Company C started my H1B transfer
> > > > process in June, 2007.
>
> > > > I want to know if I have been out-of-status for the period between
> > > > May, 2007 and until now? I did not report even for a single day to
> > > > Company B and so I do not have any payslips from Company B. But I
> > > > did
> > > > get a scanned I-797 from Company B's attorneys.
>
> > > > Will this period of out-of-status drastically impact my Green Card
> > > > process when I start for one?
>
> > > > Thanks
>
> > > You have been out of status since the day you left Company A. You
> > > will
> > > continue to be out of status until the transfer to Company C is
> > > final.
> > > If you leave the US at any time before the transfer to Company C is
> > > final, you will not have any valid status with which to reenter.
> > > This
> > > should not negatively impact your GC process.
>
> > > Ian
>
> > > --
> > > Posted viahttp://britishexpats.com
>
> > Thanks Ian for your response.
>
> > So - being out-of-status has no negative impact unless it is over the
> > 180 day mark? Then the 3-10 year debar will apply? Is that correct?
>
> > Thanks again.
>
> I believe that's correct, yes. Remember though, the ban will *only* kick
> in if you leave the US. Since you entered the US legally, then as long
> as you remain inside the US, the overstay should not affect your GC
> application. Keep in mind that you are currently out of status... if you
> leave the US (even if it's under the 180 day mark), you will not be
> allowed back in without a valid visa.
>
> Ian
>
> --
> Posted viahttp://britishexpats.com

That seems to clarify a lot and also rest my nerves - thanks so much
Ian.

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