When am I Out of Status?

[swadson]

Hello,

Below are the dates of my case,

H1 (I-94) Expiration: 08/21/2011
H1 Application: 08/15/2011
Receipt Received: 08/19/2011
Query Received: 08/24/2011
RFE replied on: 09/29/2011
Denied on: 10/12/2011

Re-Filed: 10/14/2011 (Not an Appeal or MTR, its an new H1 Extension petition, with amendments)


Kindly let me know about the below questions.

1. When am I Out of Status from?

2. I have worked here in the month of September as my employer said, it is legal since my H1 Petition is still pending. Was it legal to work?

3. Since my H1 Petition has been refiled, Am I in eligible to stay in the US now? Or would I be eligible to stay after I receive my refiled receipt number?

4. Do I have to go to my Home Country for H1 Stamping after I get my H1 approval? Can I go to Mexico or Canada (I have an American Graduate degree) if I get an Valid I-94 (employer filed a special petition to forgive the gap and issue an I-94)

Thank you for all the responses.

[shervin143]

1. When am I Out of Status from?
>>> Your problem is not being out of status, Your problem is illegal stay. If the MTR gets approved, then there will be no issues. But iof the MTRt gets denied, then all the time spend in U.S after the I-94 expiry date will be considered illegal stay.

2. I have worked here in the month of September as my employer said, it is legal since my H1 Petition is still pending. Was it legal to work?
>>> Yes.

3. Since my H1 Petition has been refiled, Am I in eligible to stay in the US now? Or would I be eligible to stay after I receive my refiled receipt number?
>>> It is advisable you leave the country immediately. Once the MTR gets cleared, re-enter and start working. If the MTR gets denied, then you will be in big trouble. It takes about 6 months to get a result on an MTR. If the MTR gets denied, then the time spend in U.S after your I-94 expiry date is illegal. If you stay illegally for more than 6 months, you could get up to 3 years ban from entering U.S. If you stay illegally for more than 1 year, you could get up to 10 year automatic ban from entering U.S.

4. Do I have to go to my Home Country for H1 Stamping after I get my H1 approval? Can I go to Mexico or Canada (I have an American Graduate degree) if I get an Valid I-94 (employer filed a special petition to forgive the gap and issue an I-94)
>>> If the approval comes with a new I-94, then you can continue to work and you are all good. You need to get the visa stamped only when you exit U.S and want to re-enter in H1B visa (P{rovided you don't have a valid H1B visa during your re-enter). If not, then you have to get the visa stamped and re-neter to get a new I-94 at the POE. Not advisable to go to Canada or Mexico when you have accumulated illegal stay. When the H1B gets approved without a new I-94, then the time spent in U.S from your I-94 expiry date is illegal stay.

[swadson]

Sir,

Thank you for your response on the post and the message.

One last question. So even if I get the new applications receipt number/approval(without I-94),I am illegal to stay in the US?

As I understand, If I get an approval along with the I-94. I should be good isnt it?

Thank you

[shervin143]

One last question. So even if I get the new applications receipt number/approval(without I-94),I am illegal to stay in the US?
>>> Yes. Receipt number means nothing when you are filing a new petition, considering the fact that you have accumulated illegal stay. There is no way the petition will get approved with a new I-94.

As I understand, If I get an approval along with the I-94. I should be good isnt it?
>>> In that case you should be good. But there is no way that is going to happen since you are currently illegal and your I-94 has expired a long time ago. Leaving the country and returning back when the petition gets approved (on a valid H1B visa) is the only best option at this time.