How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105633
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

I am applying visa stamping after the approved petition

Customer Question

I am applying for H1B visa stamping after the approved petition (change of employer and extension). How do you answer to the question 'Have you ever been unlawfully resent, overstayed the amount time granted by immigration officer or otherwise violated the terms of US visa?"
There was a three days gap between the last day with prior employer and the start day with current employer. I am assuming that I should say Yes and explain. How much would this impact adversely?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Please explain the 3 day gap? When was this gap?

Customer: replied 1 year ago.
End of employment with my prior employer and the start date (petition receipt notice) of my current employer. It is actually 13 days but counting 10 days grace period 3 days per CBP officer who cancelled my visa stamp at the border with the newly approved petition and the existing visa stamp
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

How long ago was this gap? Did you file the transfer petition before you were fired?

Customer: replied 1 year ago.
No it was supposed to, but it got pushed back last minute
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. And how long ago did this happen? Was it more than 2 or 3 years ago?

Customer: replied 1 year ago.
Very recently - This year - which was not intentional at all, did not even aware about this until I made a trip out of the States.
I've been living in the States +12 years as college student, gradate student and employee - never violated any immigration law, never had an issue with granting visa nor problems with CBP
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

But your transfer was approved, or just the petition was approved and this is why you have to go for stamping?

Customer: replied 1 year ago.
the petition is approved recently, and I need to go for stamping. I want to know how I should carefully answer about the question in the visa stamping application.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. And you are sure that USCIS was aware of this gap? Because they weren't supposed to approve the transfer, only the petition.

Customer: replied 1 year ago.
I am not sure about it. How could I find about this?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

It would take too long, a few months. Do you have that much time?

Customer: replied 1 year ago.
Not at all. I need a visa stamping as soon as possible to return my home in the States.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok, but here is the question, WHY do you need visa stamping?

Customer: replied 1 year ago.
I traveled outside the States while H1B petition was pending. I am currently out of the States - need to be back.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. That makes more sense. Then yes, you will need to disclose what happened and explain. It should not be an adverse impact because the gap was so small. The explanation should be fine along with assurances that you will take are that this will not happen again.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.

Related Immigration Law Questions