Am I out of status?

NIW_NSC_AUG0598

New Member
Hello Gurus,

Here are my case details:

1. Was working in Company A on a valid H-1B.
2. Got offer from Company B in January 2000.
3. Company B filed for H-1 transfer on January 25, 2000.
4. INS acknowledges with receipt notice dated February 7, 2000.
5. Quit company A on Feb 15 2000 and waiting to join company B as soon as possible.
6. H-1 transfer approved on April 15, 2000.
7. Joined company B on May 15 2000.
8. Currently trying to start GC process in company B.

Questions:

1. What was my status between February 15, 2000 and May 15, 2000 (the day I joined company B)?
2. What was my status between February 15, 2000 and April 15, 2000 (the day I got H-1 transfer approval)?
2. Does the grace period of 90 days apply to me as my application was received by INS before I quit company A?
3. Would this gap create a problem with INS when applying for my GC?

I appreciate any and all replies to my queries. I thank for your time in advance.

Sincerely,
H-1 in Hawaii
 
No Title

You are OK. There are 2 possible violations which you did not do.
1. Out of status 2. Illegal employment

1. If you filed second H1 and then quit the first job, you are ok. As simple as that. you have 10 days to file another h-1 after quitting a job. Since you applied ahead of quitting, there are no \'Out of status\' issues.

2. There would have been an illegal employment issue if you started second job before you are approved (and if someone catches it). You are ok there too.

As for your status, \'Status adjustment in pending\' is what they call your status between the 2 employments. If that period took 6 months, you would still be ok as long as you did not work during the break.
 
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