What is my current immigration status?

[Lzy987 0]

Dear All,

I'm not clear what is my current immigration status. Hopefully, Someone could kindly provide me an answer. Thank you in advance!

I was a student with F-1 Visa.

My last entry was 01/03/2013, never left the U.S after then. My visa was expired on 12/2013. I was a student all time until 08/2016

Meanwhile, I applied for H1b in 04/2016

I married on 07/15/2016

I graduated from business school in 08/2016

My H1b denied in 10/2016. I have a bachelor degree in accounting and a MBA degree. Reason of denying is under (101(a)(15)(H)). Basically saying my accounting job position does not require as for a specialty occupation...

I'm focusing on filling i-485 and i-765, both requires to provide current immigration status. I have no idea what I should fill here. Am I still under F-1 or something else?

Please help if you have great insight on such issue. Thank you very much!!

Best regards

[Boiler 45,356]

Sounds like you are out of status.

Or maybe not, F1 is usually admitted on a D/S basis so you could still be in status.

Edited November 23, 2016 by Boiler

[Lzy987 0]

Thank you. So the block need to be filled as just "out of status" or "F-1 Visa, out of status"?

[delilah2016 1]

I think you should put the last status you are sure of. Sounds like it was F-1, since you did not have work visa. You are overstaying your F-1, but it is still your last legal status.

[KierenHby 899]

No longer a student, F1 status expired 8/16. Currently out of status.