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Anyone who is unlawfully present or an overstay is out of status.

Reasons for being out of status :

  1. Staying beyond expiration of I-94 card (if not admitted for Duration of Status aka D/S)
  2. Unauthorized employment
  3. Staying after employment ends on H1B visa

Reasons for Immigrant to be termed as Out of Status :

  1. Violating the terms of visa. Example taking less than 9 credit hours of classes / semester without prior approval (F1 Visa holders).
More on this is on the blog [1]

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