回复:Emergency questions!! Thanks

来源: 2007-07-07 20:35:49 [博客] [旧帖] [给我悄悄话] 本文已被阅读:

My friend told me a USCIS's "last action" principal. 按照这个principle,我似乎现在处于illegal working status!!
不知道这里是否有朋友能够帮我看看下面这个理解对不对,在此先谢过!!!


If you returned to the U.S. on Oct. 5 using your F-1 visa,then from Oct. 5 and after you were in F-1 OPT status, not in H-1B status, and unless you left the U.S. and got an H-1B visa and returned again before June 19, 2006, you are now about 2.5 weeks into your 60-day F-1 terminal grace period, and you have worked illegally since June 20
(if you have been continuing employment).

If you were issued an I-797A with an I-94 attached, that change of status from F-1 to H-1B was supposed to happen on Oct. 3, but you were not in the U.S. on that day, and two days later you returned to the U.S. in F-1 OPT status, so your action on Oct. 5 (your "last action") overrides the change of status on Oct. 3. If you had returned to the U.S. on Oct. 2, then the change of status on Oct. 3 would be your "last action", and you would now be in valid H-1B status.

If you were issued an I-797B with no I-94 attached, you
need to leave the U.S. to apply for an H-1B visa and
return to the U.S. regardless of whether you travelled in Sept./Oct. 2006.


多谢!!!