My current B-1/F-1 [whatever nonimmigrant] status expired after my lawyer filed the change of status to H1B but we have not yet heard...am I out of status?

No. If your lawyer made a timely filing, you are in lawful status until the INS either approves or denies your case. However, if your current status prohibits employment, you cannot work until you have the H approval in hand. If the H is denied, the INS will give you instructions on when you must depart the U.S. We believe -- but can't be sure -- that the new legislation increasing the numbers will pass before INS is able to kick back all the current cases...at least that's what we hope!

Y2K UPDATE FOR H-1B FOLKS: Please note that the INS has issued varying rules in the past few years at the time the H-1B annual cap has been reached. In Fiscal Year 2000 cases, the INS announced that H-1B change of status cases filed after the cap was reached would NOT preserve status until October 1, 2000 unless the person either extends the current status or changes to another available visa category.

An F-1 student who is under valid INS employment authorization for practical training MAY legally work under such document (EAD) while awaiting the approval of the change to H-1B status.