Non-Immigrant Status

[Clinical729]

If you apply for I-140 and you're currently residing in the US, it says that you must maintain non-immigrant status. What exactly does that mean?? If I was on an F-1 visa but that expired, I'm still on non-immigrant status, right?? Also, if I applied for asylum and it was rejected, I'm still on non-immigrant status, right?? Thanks a lot.

 

[Vish1348]

??

F1 Expired >> Out of status
Asylum Rejected >> Out of status i think

Then on what kinda Non Immigrant Status are you in ?
and how did u file your I 140 ?

 

[Clinical729]

Well, I haven't filed yet. ONE of the reasons for my filing is because I can't get the work permit via asylum anymore, which was option A. However, my company is willing to sponsor me, but the question is am I eligible? It says non-immigrant, does that include out of status??

 

[waitin_toolong]

nope does not include out-of-status
has to be one of H1, J1,F1 E1 L1 ...... so on and their dependant

 

[Clinical729]

Do you guys have any advice on what options I can take, if any, to fix this?? I would think the options would be the following:


a)leave the country and come back on an H-1

b)leave the country and file all the paperwork from abroad



Advice needed, if you guys know any loopholes, please tell. Thank you.

 

[hadron]

5 cents

You might want to be careful about leaving the country. If indeed your asylum case has been denied and your F1 has expired, you are probably out of status at this time. This 'overstay' could jeopardize your re-entry on any non-immigrant or immigrant status.

In addition, as you have already filed for immigrant status during the asylum case, you might run into problems getting J1 and F1 visas in the future.

If you return to your home country for the filing of paperwork, the service could start to wonder whether your asylum case was frivolous in the first place.

Maintaining non-immigrant status in my opinion means to be here with an unexpired I94 form in your passport and adhering to the rules that come with the visa that brought you here. (In F1 status this requires full-time enrollment at the school that sponsored you)

(I tend to give that 'advice' way too often, but I think you need a lawyer, and a good one at that.)