Urgent Help Required

[sheetal]

HI

Please look at the case below and advise us.

I am posting this message fon behalf of my close friend who applied for a new H1 visa through a recruiter.She got the receipt in the month of June after which she went on a vacation to India. I believe the recruiter who was helping her said that her visa would be approved and sent to her only after Aug 15th. She came back from India on July 31st but meanwhile the recruiter had got a query from INS asking the reason about she not being in the country on July 27th(thursday). To this mail from the INS, the recruiter replied with the new 1-94(arrival record) on July 31st .

Did anyone come across a situation like this before? What generally happens in such cases ? Will INS reject the application? Once you apply for a H1 are you not supposed to go out of the country? Please let us know what are the chances of getting the H1 and if there is anything we can do from our end

Please advise and help us. Thanks very much!

Sheetal

[simran]

By not being in the country won't be a reason for rejection. But it may cause a person to go out of status once a new I94 expires?

BTW, rightnow on which visa she is?

[sheetal]

Thanks so much for your reply. She is currently on H4 visa. So will the new I94 be accepted. Since the INS was asking for a reason about why she went out of country we were all tensed and were wondering if a trip outside the US, could go against her.

Thanks. Anyone else knows anything further. would appreciate all advises.

Sheetal

[simran]

Its basically advisable not to go out if any visa transfer or aos is pending. but thats because if a person goes out, he/she will get a new i94 and the old i94 which will get extended becomes useless and this causes a person to go out of status if doesn't apply for i94 extension or go out again and re-enter based on the newly apporved visa
i don't think being out of country will be the reason for any kind of rejection
good luck