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Subject: Re: out of status Posted on: Tue, 03 Oct 2006 06:00:05 +0000


> Hi,
>
> My wife and I arrived here on a tourist visa and I got an unexpected
> offer from a company who subsequently filed a change of status to H1b.
> However, my h1b visa has not yet been processed as of today(Processing
> is quite slow these days).
>
> Our I-94 states that we should go home by October 19, 2006. What if my
> h1b hasn't been issued till then? Should we go home so that we don't
> risk being out of status?
>
> Furthermore, what if my h1b is issued by October 19, 2006 yet my
> wife's
> h4 is not yet issued? Should my wife go home so that she won't be out
> of status?
>
> Thank you very much for all your help.

Just out of curiosity, you didn't pay this company any money, did you?

It just seems odd that they neglected to tell you that this year's H1-B
quota was filled long ago. If you didn't get your H1-B application in
sometime around April of this year, your next opportunity will be April
2007, for an H1-B start date of October 2007.

But perhaps I'm wrong, and you applied for your H1-B in plenty of time.
Some more information would be helpful at this point... but
AdobePinon's absolutely right that in a situation like this you really
need the advise of your company's immigration lawyer.

--
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