•Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94

[amninderjitsingh]

HI Guys,

 

If any one of you know what exactly does this mean. Will this include people who have an expired stamping but a valid 1-797.

 

Thanks

[dandwaa]

I personally think it is for violators who have stayed in the US even after their I-797 or I-94 has expired. Valid I-797 is not out of status or any violation with the non immigrant visa category.

[jairichi]

People who have stayed beyond I94 expiry date.

[rahul412]

No.

[JoeF]

What does "valid I-797" mean? An I-797 is rather irrelevant.

The I-94 determines the status of the person.

Not having a visa stamp is irrelevant, since the visa stamp is an entry document only.

 

So, you need a valid I-94, showing your status, and, if you are on H1, you need to be able to show that you always got paid properly. Not getting paid on bench, for example, means that the person violated the terms of the visa.

[RamuT]

you are good if you have a valid 797 with I-94 attached to it.
 
Which means if you get 797 A then you are good, If you get 797 B you should go out of country and get new I-94.

 

797 B don't have I-94 attached to it. check your new 797 make sure u get 797 A.

[pawanismfan]

What does "valid I-797" mean? An I-797 is rather irrelevant.

The I-94 determines the status of the person.

Not having a visa stamp is irrelevant, since the visa stamp is an entry document only.

 

So, you need a valid I-94, showing your status, and, if you are on H1, you need to be able to show that you always got paid properly. Not getting paid on bench, for example, means that the person violated the terms of the visa.

I dont see anyone mentioned about bench and paid properly?!!!