H1B and legal status

[quart]

Hi guys, I would really appreciate if a lawyer or senior members could clarify the following for me. Thanks a lot and best regards.

Question 1: what is the difference (if any) between

1. out of status
2. illegally present
3. unlawfully present

Situation: A person gets his H1B and I94 approved from June 2003-June 2006. He has his passport stamped for H1B from June 2003-June 2006. He gets laid off on June 25, 2004 and the employer informs BCIS of the lay off.

Question 2: Is he 'out of status' or 'illegaly present', or 'unlawfully present' after June 25, 2004? He still has his old I94 with a validity date until June 2006.

Question 3: The laid off person cannot find another H1B job for over 6 months i.e., until Dec 25, 2004. He gets his new H1B without I94, approved on Dec 25, 2004. Is he subject to a 3-year bar?

Question 4: After his new H1B got approved on Dec 25, 2004. He needs to get a new I94 to start working (?). Is the old H1B visa on his passport still valid so that he could travel to his home country and come back with a new I94? Or he has to get another H1B visa stamped in his passport?

Question 5: Would he, with his new 797, get a new I94 going to and coming back from Canada?

Any other important issues I'm missing here?

 

[meowmeow]

question1
1) out of status = valid visa, i94 but no pay..
2) and 3 are same (i guess ???)
overstay past i94 date and no authorization to stay.
illegally entered into usa without valid papers.

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Question 2: Is he 'out of status' or 'illegaly present', or 'unlawfully present' after June 25, 2004? He still has his old I94 with a validity date until June 2006.
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he is out of status as has a valid visa, i94.

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Question 3: The laid off person cannot find another H1B job for over 6 months i.e., until Dec 25, 2004. He gets his new H1B without I94, approved on Dec 25, 2004. Is he subject to a 3-year bar?
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no ...as has a valid visa, i94


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Question 4: After his new H1B got approved on Dec 25, 2004. He needs to get a new I94 to start working (?). Is the old H1B visa on his passport still valid so that he could travel to his home country and come back with a new I94? Or he has to get another H1B visa stamped in his passport?
==================
no, new i94 is required to work.
i think you can still travel with the old visa.

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Question 5: Would he, with his new 797, get a new I94 going to and coming back from Canada?
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i think if you fly to canada you can get a new i94...iam not sure on this.


Meow