h1-b status expired, Anyone done it?
Here is my situation. I was a f-1 visa status from 2002-2005. I was hired by a company in 2005 and was granted an H1. however, the company decided to close my department and so I was lay off before I received my h1 approval. (lay off in june, 2006, and I received my h1 approval in Oct). I then work for a company starting in july 2006 to march 2007. Due to my lack of immigration knowledge, I thought that since I have an approval, I am good to with for any company. (hence I did not file change of company) I was recently hired by a fortune 500 company, and now the lawyer is trying to extend my h1. He told me that there is a chance my h1 extension will be deny (since I am out of status), and in that case, he will also file for a h-1 petition under the new company, and i will have to go back to my home country (hongkong) and request for a visa.
my questions are:
1. Since I've been out-of-status, will I be able to reenter the US? (i heard horror story about people who are not able to re-enter)
2. The lawyer told me that I have violated the immigration law, but I have not committed on unlawful activity (not sure what he means) so he doesn't see why i would be denied.
3. Has anyone ever been out of status and got an extension before?
i apologize for the long thread.
Here is my situation. I was a f-1 visa status from 2002-2005. I was hired by a company in 2005 and was granted an H1. however, the company decided to close my department and so I was lay off before I received my h1 approval. (lay off in june, 2006, and I received my h1 approval in Oct). I then work for a company starting in july 2006 to march 2007. Due to my lack of immigration knowledge, I thought that since I have an approval, I am good to with for any company. (hence I did not file change of company) I was recently hired by a fortune 500 company, and now the lawyer is trying to extend my h1. He told me that there is a chance my h1 extension will be deny (since I am out of status), and in that case, he will also file for a h-1 petition under the new company, and i will have to go back to my home country (hongkong) and request for a visa.
my questions are:
1. Since I've been out-of-status, will I be able to reenter the US? (i heard horror story about people who are not able to re-enter)
2. The lawyer told me that I have violated the immigration law, but I have not committed on unlawful activity (not sure what he means) so he doesn't see why i would be denied.
3. Has anyone ever been out of status and got an extension before?
i apologize for the long thread.
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