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I just want to know about "Out of status" and "In status". I have gone through the information provided in this website but still want to confirm on the above said terms. I am in L1 B Blanket petition and it is expiring on 25th July 2010. My employer is applying for my new visa for which I will have to go to Canada for visa stamping. My I-94 is also expiring on the same date. Consulate appointment I suspect might be 2nd week of August and I will have to leave US before the I-94 expiry. Question is, At the time when I go for visa stamping in August, will I be "Out of status" and can't I get visa stamped? Please help.
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If your current I-94 is expiring on July 25th, then your employer should have applied for the extension by now. How are you planning to get the visa stamped without an extended petition.
Out of status means you have a valid I-94, but you are not maintaining the valid staus. Example, you are in L1 or H1B, but no longer work for that employer or you don't have pay slips to prove that you have maintained your status.
Your case will not be considered as out of status. Any time spent in U.S after the I-94 expiry will be considered illegal stay.
When you are out of status or have accumulated illegal stay, the chances of a successful visa stamping is less. That is why people go to their home country to get the visa stamped when they are either OOS or illegal. That way, if the visa gets denied, they are not stuck in some foreign country.Not a legal advice. Use of this information is strictly at your own risk. -
Thanks for the information. BTW, the petition was already extended. I will leave US before the I-94 expiry date and now I believe I should be getting new visa stamp from Canada with no issues. Thanks again!Comment
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If the petition was already extended, didn't your extension come with a new I-94?
Originally posted by hks View PostNot a legal advice. Use of this information is strictly at your own risk.Comment
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Not a legal advice. Use of this information is strictly at your own risk.Comment
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