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Immigration Issues/H1B stamp from home country


Hi, I was laidoff on Oct 22, 2001 with my H1B visa and went back to school on Apr 1, 2002. However, my ex-employer didnt file my termination when I checked with them on March 31, 2002. Since I went back to school I got my sevis-I20 in 2004 and got my OPT successfully in 2005.  I also got my H1B approved in 2005. I have been in good status since then. Now I need to have a business trip in Dec 06 to Asia and I need to get the  H1B visa stamp from US consulate in Hong Kong.  What's my chance of being denied?  Will they trace all the way back to 2001?  I even have my Labor Cert. approved recently.  My accumulation of overstay is 160 days. (But I can never find out when my ex-employer filed with INS since the company does not exist anymore. Chances are they filed it some time in Sept 2002.)  Will it be easier to get the visa stamp from Canada or Mexico?  I have all the pay stubs, company letter, approval letters, I-94 ready.  Please advise, thanks a lot.

There seems to be some missing information...hard to connect the dots, so to speak.  if you have a valid H1B, I am not quite sure what it is you are asking.  A question arises about your being out of status (over stay for 160 says)...under what visa? Where you granted another visa after this?  legally, you should have been denied another visa for violating the terms of admission.  Again, there are gaps which need to filled to give you a reasonable answer to your question.

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30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

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