> I got laid off in july 2002. My H1-B visa expired on October 2nd 2002.
> before that i applied for a change of status (in august or september,
> i can't recall). I left the US on october 28th. I haven't received any
> response from the INS except for the file number notice. However,
> before I left I sent the INS a letter with a copy of the notice asking
> them to drop the application because I am leaving. I never received
> anything from them after that (my friend who still lives in the same
> address told me he never received anything from them).
>
> Was this considered an unlawful stay? am I subject to the ban?
> I have to apply for a B1 visa soon.
>
> Thanks!
>
> Bido
If the extension or change of status request was filed in a timely
manner, and was nonfrivolous then the person did not fall out of status.
Leaving before a decision would not cause an overstay. You wouldn't be
subject to a ban for an overstay of less than six months anyway. A visa
would be voided for an overstay of even one day, but it sounds like you
didn't violate or fall out of status.
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