Am i OUTof STAUS or OVERSTAYING....?

B

bkms

Registered Users (C)
I came to US 4 yrs b4 in F1 Visa and my I-94 said D/S.

now am on H1B from oct 2008,but am on bench no payyy my I-94 in I-797 says 2011 exp date.I haven't stamped my H1B yet so i still have the same I-94 in my passport as i had in my F1 with D/S(duration of status).

Am i OUT OF STATUS or OVERSTAYING....?

What is the Diff between those two


As am applying for GC thru my USC Wife...i need to know what are my consequences if am in OUT OF STATUS or OVERSTAYING...?


Thanks
 
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bkms said:
Am i OUT OF STATUS or OVERSTAYING....? What is the Diff between those two
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You are out of status because you are not being paid on H-1 status. You are not overstaying, since your I-94 is good until 2011.

As am applying for GC thru my USC Wife...i need to know what are my consequences if am in OUT OF STATUS or OVERSTAYING...?
Click to expand...

No consequences to being out of status for you - and you will return to legal status once the I-485 is filed. At that point, you should report your scammer H1 employer to DOL to get all of your back wages.
 
I was in school and i graduated in may 2007.My OPT was till JAN 2008.I enrolled again in school in Jan 2008 attended a semester after that it was summer no classes enrolled.Mean while i applied for H1B and AOS from F1 to H1B was approved.

I enrolled for fall 2008(aug,sept) as i had to cos my H1 starts only from oct 2008.But i paid in installments i stopped paying after october 1st..
Thinking my status changes to H1B am i right...?
 
bkms said:
I enrolled for fall 2008(aug,sept) as i had to cos my H1 starts only from oct 2008.But i paid in installments i stopped paying after october 1st.. Thinking my status changes to H1B am i right...?
Click to expand...

If you got an I-94 with your H-1 approval, then yes. But you are out of status since 10/1 because you are not being paid.
 
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