Noncap processing after being out of status for 7 months

USA H1B Visa
1

I went to USA on H1B through my employer A in Dec 2013. I switched to employer B in Dec 2014. The employer B filed for a new I797 petition that was approved until June 2016. However, the project I was working on abruptly ended and I was without a job in April 2015.

I stayed in the USA until November 2015, looking for jobs. Didn’t find one. So I think I was out of status for maybe 7 months or so. The rules at that time weren’t clear. Some said I could stay 2 months after being jobless. Some said it could be upto 6 months. Some said I might receive a 3-year ban since I was out of status for more than 6 months.

Now, I am in India. My new employer C has filed a new petition through H1B non-cap processing since I didn’t consume the 6 year quota on my old H1B and I am eligible. The petition was filed in Nov 2019.

What should I hope for with the new petition? More than 3 years have passed since I left USA. I don’t know if I received a ban or not. Can the petition still be denied because of this? I saw there any positive outcome to look forward to?

Thanks for your help.

2

Well, I am not sure how it will play out. You would only know it once you get the decision. The bar to enter US may only play out, when you go for stamping …You may need to mention the details, if you violated status, when going for interview…I would suggest you talk to an attorney on this and be prepared on how to address it. Do update your status on how the petition goes…

3

Hey Kumar. Thank for such a quick response. Is there any attorney you can recommend? There are a lot in the market but I don’t know who would actually have the answers.

4

We don’t recommend anyone…But you cannot go wrong with big ones like Murthy, Fragomen, etc.