Sansin,
If you stayed after the expiration of your I94 then definately it is illegal but if your I94 was valid and you were out of the job for 1.5 months you would be fine because the rule states that you cannot be out of status that is out of job for H1 people for more than 6 MONTHS. Obviously this is something that you do not want to bring up in your interview but it is also something that should go unnoticeable in your tax returns as it was only for 1.5 months (just in case if they see your tax returns). You will be fine..even if they know that you were out of job for 1.5 months.. My suggestion would be to tell the officer that you took unpaid leave of absence for that period ..just in case if they ask you..
S
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QUOTE=sansin]How to define illegal stay?
Is it staying beyond expiration of I-94. Or is it staying without employment and without pay-stubs, even though previous I-94 is still valid. For the latter case, how long a stay would be considered illegal. In my case, my I-94 was valid, but I stayed after getting laid off, for a 1.5 months, before starting my next job.[/QUOTE]
If you stayed after the expiration of your I94 then definately it is illegal but if your I94 was valid and you were out of the job for 1.5 months you would be fine because the rule states that you cannot be out of status that is out of job for H1 people for more than 6 MONTHS. Obviously this is something that you do not want to bring up in your interview but it is also something that should go unnoticeable in your tax returns as it was only for 1.5 months (just in case if they see your tax returns). You will be fine..even if they know that you were out of job for 1.5 months.. My suggestion would be to tell the officer that you took unpaid leave of absence for that period ..just in case if they ask you..
S
[
QUOTE=sansin]How to define illegal stay?
Is it staying beyond expiration of I-94. Or is it staying without employment and without pay-stubs, even though previous I-94 is still valid. For the latter case, how long a stay would be considered illegal. In my case, my I-94 was valid, but I stayed after getting laid off, for a 1.5 months, before starting my next job.[/QUOTE]