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L1 to H1. Out of status in between. Is H1 not legal now?

Cleveland, OH |

My friend was on L1 visa and visa was about to expire in June 2012 but i-94 was valid for another two years. He applied for H1B with other employer with change of status. His H1B is approved with change of status which is effective from October. His employer asked him to go back to home country as visa/petition was expired in June. They were not ready apply for extension due to high rejection rate. So he resigned and stayed back in US thinking that he had valid i-94 and started working with new employer from Oct 1st. Now he is continuing his job. Now the question is, I think he was out of status for 3 months. So can he work on H1B with cos? Will it be a problem in future when he go for stamping? Is he in illegal status now also as he was out of status in between? Please advice.

Attorney Answers 3

Posted

You are probably correct, even though the I-94 didn't expire ... he is probably out of status.

Meet with an attorney to confirm.

Remember, this is an internet blog and important decisions should not be made based on what you read here.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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2 comments

Asker

Posted

Thanks Capriotti. Could you please let me know whether his current status is illegal? He is working on H1b which was approved with cos before he resign. What is his status now?

F. J. Capriotti III

F. J. Capriotti III

Posted

No I can not confirm, without looking at the actual papers. That is why he absolutely must meet with an attorney ... in person, or by Skype ... many of us use Skype for this type of consultation.

Posted

I agree with my collegues he is probably out of status as he was in a status that requires employment and his employment ended

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Asker

Posted

Thanks Robert. He was out of status for 3 months. But he is working on H1 now as his H1b approved with change of status in May. Is he in illegal status even now?

Robert Louis Brown

Robert Louis Brown

Posted

If he was out of status, being employed does not not change the situation and he remains out of status.

Posted

I agree he is probably out of status but should meet with an immigration attorney to review

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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