I would be going to India for stamping and i'm in the process of filling DS 160 and am wondering whether I should mark it as Yes or No for Have you ever Violated the terms of a US Visa. Here was my situation:
Employer A Termination Date: 14-Nov-2014
Employer B start Date: 24-Nov-2014
Employer B LCA and H1B Approval with new I94 from Date-09-Nov-2014 to 09-Nov-2017.(Had Valid H1B and LCA from 14Nov to 23 Nov but no Pay)
Kindly advice me as what should be my answer to the question in DS160
Kindly advising - the answer is no. What made you to believe that you did violate your visa terms?
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Technically benching is not permissible. However, if Employer B timely filed, you will get some reasonable time to relocate. Your facts are not very clear. Talk to your lawyer and see if you violated any terms.
What did the attorney who processed the H papers say when you asked him/her this question?
It appears that the answer is YES, you were out-of-status after 14 November ... even though the papers were approved .. you weren't working, as required.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Whether you were out of status between 11-14-14 and 11-23-14 depends on your activities for that period of time and why there is a non- payment of salary by your current employer. You should ask the employer's immigration attorney about this issue.
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