Am I out of status?

H

Henry6

Registered Users (C)
Dear experts,

Please comments if I am out of status because of the following information:

I submitted H1b appllication on July 1, 2000 and got approval on Nov 1, 2000, but my J1 visa ended on Sep 31, 2000. I did not work in Oct. 2000 because I have not valid visa in this month.

Am I out of status during this change?

Please comment and thanks very much!
 
I think you should be OK. From what I have understood, if you have applied for any change of status then as long as the application is pending you are allowed to remain in the U.S to wait adjudication. As always double check with a COMPETENT attorney. The reason I emphasize COMPETENT is that some years ago I was in a similar situation with my H1 transfer (one of the infamous years when they capped the number of H1s) and the attorney insisted that I would have to go to my home country to get the transfer done (claiming that I was out of status) until I got a copy of an INS memoranda and had to convince her that this was not the case. Many of them are just too lazy or arrogant to do their research and try to take the easy way out. So be careful!!!!
 
Thanks! Rastamandrum

Rastamandrum,

Thanks very much for your answer! I am searching a good lawyer for sure about my situation.

Thanks again and hope we are all luck!
 
No

You are not out of status if you have pending petitions with INS for extensions OR changes to non-imigrant status. The fact that you did not work when you were waiting for you H1 was good.
 
no, I did not work during waiting

Nachos,

Thanks very much!

No, I did not work during the waiting time for my H1b visa after my J1 visa expired. As I mentioned I submitted and got Recipt Notice of H1b before J1 visa expired, then I just waited.

I feel better now, thanks again.
 
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