H1 B Visa: Out of Status Vs Illegal/Unlawful Presence

John Pax

New Member
Hello,

What is the difference between “out of status” and “illegal/unlawful presence”?

If you have an H1B visa that was issued from December 2003 to December 2006 and you lost your job in August 2004, are you classified as “out of status” or “illegal/unlawful presence”?

If you now get another job in March 2005, about 7 months after you lost your previous job and you have an I-797 that indicates that your H1B job was approved but extension of stay denied and you have to step out of United States to extend stay and you are scheduled to attend a visa interview on May 5 2005, What is your status going for this interview?

What are the chances of getting your passport stamped with the new H1B Visa?

Finally if you are in this situation, are you going to take the chance of going for visa stamping in Canada?
 
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