Legal Question in Immigration Law in Maryland

Out of status or NOt?

My wife and I just transferred our visa from J to H1B. Our J-visas expired last June 16, 2009. Our employer still wanted us so we applied for an H1B after our Visa expired last June 17, 2009. Luckily, under expedited processing, we got the NOA, I797, and got an approval starting validity from August 4, 2009 up to August 3, 2012. My question is since we are currently using the 30 day grace period up to July 16, are we going to be out of status from the period of July17-August 3, 2009. Or, are we just fine to stay? Will the gap affect any future application that we may have? Thank you for shedding light regarding this matter.


Asked on 7/15/09, 12:21 am

1 Answer from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: Out of status or NOt?

Dear Inquirer:

If the approval notice came with a new I-94 denoting a change of status, then you are in status as indicated on the I-94. It appears, however, that your employer obtained approval of an H-1B Petition only, which does not accord you status in the US. If this is the case, you must depart the US to obtain a new H-1B visa to use for readmission to the US.

I recommend that you visit www.hanlonlawgroup.com or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 7/15/09, 6:11 pm


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