Dear Friends,

My friend is having a problem ... It is really complicated.. She graduated on May 2006 and applied for H-1 on April 2007. Now the problem is she had a month gap. Her petition was approved but she had a month gap i.e. her OPT was expired on Sept. to avoid the illegal status she get married and switched to f-2 as per her layer but eventually that layer was khairae and her case is totally screwed. Because she thought her status will automatically change from f-2 to h-1 and as her petitin was already approved she started working on check from october but that idiot layer now call and says that she worked illegally for 2 months, she is in status fo f-1 until she get h-1 stamped and now to turn from f-2 to h-1 again she have to get stamped. And now she is damn scared as she work on check for 2 months  on f-2 status. She dont wanna go to nepal for stamp because if sth happens she can't come back..

She had another option to go to canada but i dont know what to tell her. she thought if any problem happen she can apply for canadian PR.

Do any one have gone through the same problem on h-1. Do they create any problem to stamp on canada. What u guys suggest she should do.. This is a big problem and even i am gonna have one month gap as i was also graduated on May 07. So guys please.. help She is so confused whether to go to Mexico, Canada or Nepal. Guys help please...

Awaiting for your reply

well, i dont know why people get scared of going back to nepal to get H1B stamp.  actually it is lot easier there than we think from here.  i did that and so many people that i know did that.  i also had gap and went back to nepal, stayed home and got stamped at us embassy.  no problem at all.  no one applying for H1B had any problem the day i took my interview. 

anyways, since she did not do that and worked while on F2, it can be a problem now.  however, what i wwould do is, i would not take pay stub of those months with me and her employer can also help her by writing a memo for her to present at embassy.  a lot of people work on paycheck while on f1, so i am guessing this is similar situation.  she was never out of status, so this should nto be problem. 

Thanks man. yeah she made a stupid mistake and even that layer did not understood the immigration problem and that happen. What kinda letter you are talking about and if thy put her SSN number than definately they gonna find out the she work for 2 months isn't it.. Regarding her work they can help her by anyways they can write any letter for her. And what i wonder is though u do not take the pay slip they will definatley find out that. But the good point is she got all the emails of lawyer stating that she can work legally from october and all these stuff. I hope it can help her.

Do u know anyone who went to canada and mexico for stamping

i am not an attorney.  my point was, so many people use SSN while work during school year and later change status to H1b and get green cards too.  that means, those people also worked illegally while on f1, which they were not suppose to do so.  she also had similar situation and now she has a letter from lawyer as well means she is in better position.  i am not sure if they can find out whether she worked or not, if they could, they would disqualify so many H1B applicants. 

again, i would not take pay stubs of my last two months while i worked during different visa status.  if she were to ask such question, she can show those letters at consular section.  but i dont think it is good idea to show them those documents and tell them i worked while on f2.  this is just my opinion.

no i dont know anyone who went to canada or mexico to get stamp.  but a lot do.  hope you will get better response from those folks.  good luck to your friend.