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Immigration Issues/H-1B Visa Transfer : Risk of Bar from Re-Entryto the States

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Question
Dear Jack,

I am currently in the process of transferring my H-1B visa for the 3rd time and due to economic reasons, the gap between my last visa and now is a little past 6 months long. The only assurance I have is that I will be traveling outside the country to get my visa stamp on the terms that both my previous H-1B visas are still well within their active dates. But it doesn't excuse me of the 'possibility' of being questioned during my re-entry and risk being bar from re-entering the States.

Is there anything I can do or bring with me during my travel should this occur to excuse me from being bar and secure my safe entry?

Thank you

Answer
Hi Chew,

There are some unclear information from your question.

1. You stated that "the gap between [your] last visa and now is a little past 6 months." I am not sure what you meant by that.  My guess is that you were trying to say that you were not paid in the US by the employer for more than 6 months.  Is that correct?  Or did you mean that you were fired and you stayed in the US without employment for more than 6 months?  I need to know the answer to determine when you actually fell out of status.

2. You stated that "the only assurance [you] have . . . that both [your] previous H1b visas are still well within their active dates.  I am not sure what you meant by that.  Did you mean (1) your visa (in your passport) is still valid? or (2) your H1b I-94 is still valid?  Many people misuse the word visa when they meant I-94.  I need to clarify this with you.  I think you meant that your I-94 is still valid from both previous H1b employer.  Right?

Let me know and I can provide you my answer.

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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