回复:Emergency questions!! Thanks

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!!!

所有跟帖: 

回复:回复:Emergency questions!! Thanks -sakis- 给 sakis 发送悄悄话 sakis 的博客首页 (271 bytes) () 07/07/2007 postreply 20:54:30

you need to discuss your situation with a lawyer -gc2020- 给 gc2020 发送悄悄话 (1822 bytes) () 07/07/2007 postreply 20:55:26

回复:you need to discuss your situation with a lawyer -sakis- 给 sakis 发送悄悄话 sakis 的博客首页 (116 bytes) () 07/07/2007 postreply 21:11:06

You must find a experienced one. Most of them sucks. -blue_valley- 给 blue_valley 发送悄悄话 blue_valley 的博客首页 (0 bytes) () 07/07/2007 postreply 21:43:44

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