The
current rule requires that the practical trainees in F or J visa status must
prove that they will be "in status" when the H-1B number becomes
available on October 1, 2004.
If
the F or J alien apply for change of status without the proof of maintaining
nonimmigrant status up through October 1, 2004, not only it will result in
denial of change of status, but also, more importantly, it will trigger the
three-year bar or ten-year bar clock ticking from the date of denial.
In order
for such F or J alien maintain a nonimmigrant status through October 1, 2004,
he/she may have to apply for extension of their current F or J status or apply
for change of status to other nonimmigrant status which does not have a cap like
a visitor visa status. Such stop-gap application must be received by the USCIS
before one's status expires.
Under
the current rule, timely filing of such application will allow the alien to
remain in the U.S. until a decision is made by the USCIS, no matter how long it
takes.
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