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New PR +need to go to US for job related task+ was out-of-status in US

canadianhope

Full Member
Jun 21, 2009
37
1
Hi all,

I need few tips/ideas/fact from you all.

New PR, and i might (80% chances) need to go to US frequently and I was out of status in US for more then a year. I have H1B which is valid from 2012 but my company told me that ( I dont have any proof, but i believe they have done so) they send letter to USCIS about the H1B termination.
There were some reasons why i couldn't leave US immidiately..
Now what will be the case if my company applies for my business visa...I am wondering what will happen if a US Fortune 50 company applies for my H1B.
 

canadianhope

Full Member
Jun 21, 2009
37
1
anyone with similar situation share their experience?

Also, anyone in similar situation like mine are most welcomed too contribute here..
 

rupeshhari

VIP Member
Sep 15, 2008
3,686
255
Category........
Visa Office......
Buffalo
NOC Code......
4131
Job Offer........
Pre-Assessed..
App. Filed.......
Dec 2008 to CIO
Doc's Request.
Jan 2009
AOR Received.
Feb 2009 from VO
IELTS Request
Didn't do IELTS.
File Transfer...
Not transfered to regional office.
Med's Request
July 2010 with RPRF and another PCC.
Med's Done....
Meds - September 2010. PCC - Late Oct 2010
Interview........
Waived
Passport Req..
Early November 2010
VISA ISSUED...
December 2010 - Exactly days shy of 2 years since I sent in my application to CIO.
LANDED..........
2011
i haven't been in this situation so no idea. However, I think until you apply you won't know. I am sure if US knows that you were illegal for a while, they may reject you because there is no guarantee that you won't go illegal again. However, I am sure there is a wait period too after which they will allow you in. I think you should apply and find out.

Rupeshhari, any thoughts?
 

canadianhope

Full Member
Jun 21, 2009
37
1
I am reviving the topic here once again.

I was in US out-of-status from some and then I moved to Canada.
I was in H1 then my H1 was cancelled by the company I was working. I am not sure they actually send it...but they told me they did..so i think they actually did that.

Now, another company fortune 50 is willing to hire me back...one of my friend approached me and then said that he can talk to his manager..since they have lot of demand now.

Looking into these facts, I was wondeirng what should i do.

Do I ask the company for new H1? USCIS will know I was in H1 and then what will happen?

Or I should tell the company straight--- employ me in their Canadian entity and then do the L1- intra company transfer.....

Not sure my being out of status for almost 1 yr..will have any impact on this??



Any suggestions???
 

gjp

Star Member
Feb 15, 2008
165
6
You being out of status in the US will surely affect your future visa applications to US - L1, H1, B1, F1 or any other visa category ...
 

noolan

Star Member
Apr 1, 2009
195
2
gjp said:
You being out of status in the US will surely affect your future visa applications to US - L1, H1, B1, F1 or any other visa category ...
one of my friend was out of status for one day( actually he went one day after his visa expired....he forgot his visa expiry date!!!!!), he is never allowed back to USA, although he was out of status about 5-6 years ago.......Not sure, but if that is the rule, then they wont allow you again......
 

NeedAChange

Star Member
May 13, 2010
142
7
Category........
Visa Office......
New Delhi
NOC Code......
0213
Job Offer........
Pre-Assessed..
App. Filed.......
21-May-2010
Doc's Request.
6-Oct-2010
AOR Received.
14-Jan-2011
IELTS Request
8.0
Med's Request
5-Jul-2013
Med's Done....
13-Jul-2013, RPRF encashed on 13-Aug-2013
Passport Req..
5-Jul-2013, Passport reached on 8-Aug-2013
Did your company really terminate your H1, from what i know there is a fee for termination and generally if you quit they don't take the pain to terminate the H1 due to the cost involved unless you have done something bad and they want to make sure that they are protected from it.
 

canadianhope

Full Member
Jun 21, 2009
37
1
NeedAChange said:
Did your company really terminate your H1, from what i know there is a fee for termination and generally if you quit they don't take the pain to terminate the H1 due to the cost involved unless you have done something bad and they want to make sure that they are protected from it.
i am not sure if there is any fee when company sends termination letter to USCIS for H1 termination...the company told me that they sent termination letter to USCIS.

Now, this company i am talking about is fortune 50. or so...now sure if i should try
 

canadianhope

Full Member
Jun 21, 2009
37
1
anyone has any information...like they heard from their friends and so on..i know lot of ppl from US move to Canada on PR...with H1 or without H1,.out of status and so on...
 

canada_dream100

Hero Member
Jul 30, 2010
768
25
canadianhope said:
Hi all,

I need few tips/ideas/fact from you all.

New PR, and i might (80% chances) need to go to US frequently and I was out of status in US for more then a year. I have H1B which is valid from 2012 but my company told me that ( I dont have any proof, but i believe they have done so) they send letter to USCIS about the H1B termination.
There were some reasons why i couldn't leave US immidiately..
Now what will be the case if my company applies for my business visa...I am wondering what will happen if a US Fortune 50 company applies for my H1B.
There is no issue with your Canada PR, I am surprised you pick this forum for this issue, as here experts guide about Canada PR.
If I were you I would try same question in ImmigrationVoice.com where I shoot my US H1 & GC issues.
 

mistzone

Star Member
Mar 10, 2009
68
0
Job Offer........
Pre-Assessed..
My undestanding no company can cancel H1B without sending your passport to USCIS, if this is true you are out of status if your visa expired or f you have lost this job.

Your visa was still valid and you left country after sometime you left the job & presented I94 before your visa expiry, then at lower percentage your L1 or H1 may get rejected unless they dig your file and find you overstayed after your job termination (loss) if they find. But you left US after visa expiry then you at high risk of rejection.

Today or tommorrow you will surely apply for any US visa which will have same risk so there is nothing wrong trying now and you may be banned for a period or life long to enter in US. Although recession period is not right time to try it out!
 

mpapdp.1984

Hero Member
Oct 27, 2009
271
6
Category........
Visa Office......
Buffalo
NOC Code......
4121
Job Offer........
Pre-Assessed..
App. Filed.......
13-11-2008
AOR Received.
18-03-2009
File Transfer...
27-10-2009
Med's Request
16-04-2010
Med's Done....
29-04-2010 (Reached Ottawa May 4 2010)
Interview........
waived
mistzone said:
My undestanding no company can cancel H1B without sending your passport to USCIS, if this is true you are out of status if your visa expired or f you have lost this job.

Your visa was still valid and you left country after sometime you left the job & presented I94 before your visa expiry, then at lower percentage your L1 or H1 may get rejected unless they dig your file and find you overstayed after your job termination (loss) if they find. But you left US after visa expiry then you at high risk of rejection.

Today or tommorrow you will surely apply for any US visa which will have same risk so there is nothing wrong trying now and you may be banned for a period or life long to enter in US. Although recession period is not right time to try it out!
You never ever send your passport to the USCIS. Never ever. They always send copies of the passport.
 

mistzone

Star Member
Mar 10, 2009
68
0
Job Offer........
Pre-Assessed..
mpapdp.1984 said:
You never ever send your passport to the USCIS. Never ever. They always send copies of the passport.
What I meant is Consulate.. like you always require passport for visa stamping same is the case for visa removal, they stamp cancelled over visa page..