Frequently Asked Questions - Status

When Does One Become H-1B Cap Exempt?
Impact of Taking a Long Break While on H-1B
What can be Done if an H-1B is Denied While in the USA?
Status and Unlawful Presence Questions in the Form DS-160
H-1B Visa Denied and Petition Sent for Revocation
Applying For H-1B Visa When There Was A Status Violation

Watch Video on this FAQ: Applying for H-1B visa when there was a status violation


Video Transcript

1. Go as quickly as you can. It isn't an emergency, but it is something you should not take lightly.

H-1B Laid Off Issues

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/F0YZD8zWm88?t=1068 

FAQ Transcript:

If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.

Simultaneous filing of H-1 amendment and extension

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/PreNUXXW9KU

Can I Travel Back On F-1 Visa If My Reinstatement Is Denied?

In my view, it is unsafe to travel on an existing visa after being out of status. If they become aware of your status problems, CBP, upon returning, can turn you back at the airport, or worse, even formally deny you admission thereby laying a five-year bar against reentry.