Am I OUT OF STATUS.

[ravikumarkrishna]

Hi All,

I am confused about what is out of status.
Is "out is status" is overstaying than the date mentioned in I94 OR when I have H1B visa and don’t work for anyone in US.

I recently got a job and ioined to Company B. Company B applied fro H1B petition and received the petition receipt and I started working for that company. Last week we received the Petition approval. We did not ask for the extension because I did not had a proper paystubs from previous employer. This means that I don’t have new I94. My existing I94 is valid till Sep2010. My attorney told me to leave and re-enter US to get my new I94.

This happened one week before and when I tried to apply for visitor visa in Canadian embassy they denied mentioning I am out of status.
I am really concerned about what is out of status. for one week I am not working for any one . is that mean that I am out of status.

Any information in this will be very helpful because I am also exploring the possibility of getting the new stamp at Mexico consulate.
Thanx again.

Regds,
Ravikumar.K

[txh1b]

You were out of status as your attorney messed up or USCIS erroneously approved the petition without a I-94. Your I-94 for new employer would have the same number as your old employer but will have different validity dates.

All work for new employer is considered illegal now that I-94 is not present with your I797 approval for the new employer. In this case, if you have a valid visa, travel and re-entering is the best option. If not, stamping in home country is suggested.

[ravikumarkrishna]

Hi,

Thank you so much for the reply.

I have one more question. Do I really need new I94. Why i should not continew to work using the existing I94 since it is valid till Sep2010.

Does I94 has anything to do with the employer i am wokring with. is I94 connected to the employer.


Please advice.

Thanx again.

Regds,
Ravikumar.K

[kabkaba]

Were you working/on H1 before joining this company?
If yes, you can work with your current I-94. But next you have to leave and return with a new I-94 or the company has to file an extension for you here itself.