 ASK VISALAW.COM
By Marc Topoleski, partner in SSHD’s Michigan office. Marc can be reached at mtopoleski@visalaw.com I have a H-1B visa from a University valid until Sept. 30, 2001. A few months ago, I got a company job and they applied for a H1-B. While the petition was pending, the company went out of business and wrote to INS saying that they wish to withdraw the approved petition without prejudice. Is my visa at the University still valid or am I out of status?
As long as you have continued working at the University while the petition for the new company was being processed, you are still in status. There is no prohibition against having more than one approved H-1B petition.
I am a student from P.R. China. Why are we not qualified for the Green Card Lottery? Are students from China never qualified for the Green Card Lottery or just this time?
Under the rules of the Green Card Lottery, countries that have sent more than 50,000 immigrants to the United States in the past five years are not eligible to participate because the program is supposed to give visa opportunities to countries with historically low rates of immigration to the U.S. Since China historically sends a significant number of immigrants to the U.S. each year, it usually is not eligible.
Is it necessary to get a new F-1 visa after getting laid off from H-1 status if the old F-1 visa is still valid?
Just because the F-1 visa stamp in the passport is valid does not entitle the person to remain legally in the U.S. It is important to extend or change status while still in valid status. INS generally takes the position that the latest I-94 supersedes earlier I-94 status. So you could either change status through INS or travel out and use the F-1 visa stamp to return. Both of these options will result in a new I-94 in the F-1 status.
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