Received H1-B when J-1 status was already expired

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ko4ka

New Member
Help! Received H1-B when J-1 status was already expired

End date of my J-1 status was Nov 22nd. On Oct 10th I applied for H1-B status. Start date for H1-B I asked for was Nov 22nd (I used Premium processing). But INS (or whatever they're called now) requested additional documents, so I received H1-B only on Dec 18th and my new I-94 says: "valid from 12/18/2003 until 11/22/2006". The question is: Was I out of status from Nov 22nd to Dec 18th? I did work all this time. Thank you.
 
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You should be in valid status since you applied for H1 before J1 expired. However, you are not eligible to work (or get paid) after J1 expiry till the date you actually get H1 approval.
Btw, after J1 expires, there is a one month grace period allowed for the person to make travel arrangements, so don't worry about the I-94.
 
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