Hi all,

Please help me if you know of anyone in my situation and has any information on what I shud do. Any immigration attorneys plz help.


I graduated with an MS in June 2003 and my OPT got over in June 2004. My employer filed an h1b application for me b4 and got it approved b4 my opt expired. Since I was in the gap cap case the change of status was denied though the h1b was approved.


I was about to leave the country and return back on October 1 2004 when the federal register announced that you cud stay in the country (extending the grace period) and the h1b will be effective from October 1st 2004 if the petition was filed b4 July 30.

I fell into all the classifications but my h1b still has change of status denied. My employer said that I was fine now and I could start working from October 1st. No motion to reopen was filed and I started working .

Recently when I got another job offer the attorney pointed out that I couldnt work like that without an I-94. I consulted various lawyers but each one gives me a different opinion.

Please advice me I am extremely troubled and do not know if I am in status or out of status .

Any help is appreciated.