What is "unlawful status"?

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The term "unlawful status" refers to any form of immigration status other than legal status. If a nonimmigrant foreign national fails in any way to maintain status, he or she is in "unlawful status." The following are examples of acts that result in a nonimmigrant violating his or her lawful status:

Any nonimmigrant who remains beyond the expiration date on his or her I-94 departure record without filing an extension or change of status application prior to the I-94 expiration date.
A student who takes fewer than the minimum required load of classes, without the explicit permission of the school's DSO.
A nonimmigrant in a non-working classification who accepts any employment.
A nonimmigrant in a working classification who accepts employment from anyone other than his or her petitioning employer.
An H1B nonimmigrant who fails to work in accordance with the specific terms of the underlying LCA and H1B petition.
An H1B nonimmigrant who does not receive pay while in H1B status.

When a nonimmigrant violates his or her status, they cannot go back into status without first leaving the United States and then making a new lawful entry. In most cases, even a single violation of status renders a person permanently ineligible to apply for adjustment of status later.