H1B without result AM I OUt of status?

This is a discussion on H1B without result AM I OUt of status? within the H-1B Worker Visas forum, part of the IMMIGRATION LAW category; I came to the U.S with Visitors Visa. Then I applied for an H1B , However, I was not able ...

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Old Dec 20th, 2008, 08:24 AM   #1
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Default H1B without result AM I OUt of status?

I came to the U.S with Visitors Visa. Then I applied for an H1B , However, I was not able to wait for the result of my application and decided to return to my country. I did not applied for an extenstion of my visitors visa during the time I was in the U.S waiting for the result of my application which took 11 months before I decided to go back home. I was advised by my lawyer that I am not out of status during such period since there is no result yet on my application. Is this correct? I applied for a visa but the consult told me that since I did not applied for an extension and went beyond the approved 6 months then I was out of ststus during my stay waiting for the resutl of my application? IS this correct? what can I do to remedy my situation?

thank you very much
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Old Dec 20th, 2008, 11:02 AM   #2
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Default Re: H1B without result AM I OUt of status?

You must stay in your own country. Currently there are many U.S. workers who need the jobs in the U.S. Currently there are more qualified U.S. workers than jobs available. The U.S. does not need any more H-1V workers.
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Old Dec 21st, 2008, 08:00 PM   #3
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Default Re: H1B without result AM I OUt of status?

Disregard that comment above by whomever--Why did it take 11 months--what dates are involved?
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Old Dec 22nd, 2008, 07:41 AM   #4
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Default Re: H1B without result AM I OUt of status?

Do not disregard the message above.
It is the best advice for your situation.
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Old Dec 22nd, 2008, 08:12 AM   #5
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Default Re: H1B without result AM I OUt of status?

I was waiting for the result of my petition but no response was given, actually even when I am already in my country and check the status of my application and it say pending . at that point since I cannot work without the visa and I have already used all my allowance I decided to go back to my country. However, upon re-application for tourist visa the consul is always stating that I was out of status since I did not apply for an extension during my stay in relation to the waiting of H1B petition.

Can anyone site any ruling or law guidelines on this matter? Ive consulted other immigration law practitioner and they also told me that I am not out of status. What should I do? I came to the U.S November 2001 and came back to my country October 2002.

thank you for you help.
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