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H1B, out of status, would it be approved on my visa trensfer?

New York, NY |

my H1B is in process for transferring.
company A - approved H1B, valid by 2014 May.
company B - started work 7/2/12 with receipt, laid off at 11/16/12.
applied visa was withdrew, and notification at 1/10/13
company C - started work 3/5/13 with receipt, still working.
And received requesting to prove sustaining visa status during May 2012~ March 2013 from company A - sent W2 form 2011/ 2012, and explanation about why I don't have pay-sub from A during the period.
1. Am I out of status from May 2012 up to now?
2. What would result come out?
3. if my visa doesn't go through, what I need to do for getting approval. can i apply new H1B cap exempt out side of US or here?
please help

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Attorney answers 3


What does your employers lawyer think?

Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.


1. You have a gap in your status, during the periods you already know.'
2. Denial of change of status the US, you will need to consular visa process.
3. If your visa doesn't go through on this one, in all likelihood any new one will also not going through.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


You appear to be out of status. See an experienced immigration attorney.

Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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