Out of status?

H

Henry6

Registered Users (C)
Dear experts,

Please comments if I am out of status because of the following information:

I submitted H1b appllication on July 1, 2000 and got approval on Nov 1, 2000, but my J1 visa ended on Sep 31, 2000. I did not work in Oct. 2000 because I have not valid visa in this month.

Am I out of status during this change?

Please comment and thanks very much!
 
Status

You are not out of status as you applied before the expiry of the J-1. It is a differnet thing that INS did not approve the case before the expiry, but you are in status as soon as you applied for H-1 till you hear the final answer and thereafter dpediing on the answer. Since your H-1 is approved, you were never out of status.
 
Thanks Status

Thanks very much for your immediate answer!

I really appreciate it.

Good luck for you and all of us
 
Thanks Immi007

Hi, Immi007

Thanks very much for your immediate answer!

I really appreciate it.

Good luck for you and all of us
 
You were definitely out of status,

1. You were on J1. If you had filed for J1 ext and not got it before expiring you would have been ok.

2. But you applied for H1 (not J1), they are 2 diff visas. You J1 expiring and H1 applying have no relation.

This is just based on my limited knowledge. Please consult a lawyer.

Also even if you were out of status its no big deal, since it is only a month less then 180 days.
 
immi007 is right. Once you apply for H1 thats as good as having H1 (if you are staying in this country) Even in case its rejected you get notice period before which you have to leave the country. As your case approved you are not out of status at all.
 
More advice Please

Dear Friends,

Please post more comments as I am worried about my status once I see Faizah's information.

Yes, I only have 30 days without any valid visa, but I got Receipt Notice of H1b before J1 visa expire.

Thanks very much for all your comments
 
Thanks very much for all of you!

Thanks very much for all of your comments. I really appreciate it.
 
Stay in US

MSR01,

thanks very much for your comments!

Yes, I was in US when I submitted my H1b application and got Receipt Notice of it before my J1 visa expired.

Is it right if I submitted my H1b visa and got Receipt Notice of it before my J1 visa expired, I am still NOT "out of status"?

Yeah, I got approval H1b visa just 30 days after J1 visa expired.


Thanks again all friends and good luck for all of us
 
Stay in US

MSR01,

thanks very much for your comments!

Yes, I was in US when I submitted my H1b application and got Receipt Notice of H1b before my J1 visa expired.

So it is right if I submitted my H1b visa and got Receipt Notice of it before my J1 visa expired, I am still NOT "out of status".

Yeah, I got approval H1b visa just 30 days after J1 visa expired.


Thanks again all friends and good luck for all of us
 
To my knowledge, you were out of status. But Consult a good immigration attorney.

Ask your question
1) in Murthy chat at www.murthy.com on Monday
OR
2) to Ron, www.imminfo.com
OR
3) here in this forum to "Jim Mills"

My wife came here to US on H4 and then got H1-B and worked for 10 months and went on maternity leave. We were extending the maternity leave for more than 6 months. Then my lawyer said "she violated the status" because she was on H1-B but didn't work and didn't convert to H4. Later we applied for "Change of Status (I-539)" to convert her status from H1-B to H4. And we applied for I-485 under section 245(i) as per my lawyer's advice.

Better consult an immigration attorney.
 
Hope6688

I still do not think that you were out of status. Faizah's reply should be more on the line that the stamp in your passport is not for H-1. But that does not matter unless you went out of US and want to get back in.

You definitely can change status from one type to another remaining in the US. For example, there are lots of cases of changin from F-1 to H-1. As long as there was no lapse in the period (expiring one and applying the other AFTER that), you are fine, and there does not seem any in your case.
 
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Edison_NJ

I am not sure what the medical conditions were, but if you could prove that >6 mons. leave was due to medical reasons, there is nothing wrong in your wife's case, and I don't see need of using 245(i). Of course, this is jsut a thought and you better follow the attorney's advise
 
Most people say Ok

Immi007,

Thanks again.

Seem that most people say that I am OK as long as I submitted and got Receipt Notice of H1b before my J1 expired.

I will post the information once I get a lawyer's answer to this question.

Thanks for all of your help!
 
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