回复：more questions! Layoff 4 weeks H1B transfer

1. My H1B (and I-94) is expired the same day last week, can I transfer H1B to a new company in USA (without a valid visa date)
-Yes.
or I have to back to China to apply a new H1B?
-You can not apply for the H1 visa until your H1 transfer is approved.

2. If I transfer in USA and get approved without a valid I-94, and I have to go outside a H1B.
-Correct.

And I have to pay twice for this visa, right?
-You have to pay the H1 visa application fee to the US Emassy/Consulate in China as everyone does for their non-immigration visa application.

3. Can I make an appointment for H1B in China, and transfer H1B in USA at the same time?
-No. You have to wait for the H1 transfer approval and take the approval notice to apply for the H1 visa. Of course, if your H1 transfer approval has the I-94, you do not need to get the h1 visa and just work for the new employer. I suggest you to use Premium Processing (pay $1000 extra) to get the H1 transfer approved within 15 days.

While the transfer is pending and I am in USA, am I illegal during this peroid of time?
-Fine.



4. What else I need to do if I need to go back China for H1B rather than transfer in US?

5. What is your suggestion? Transfer in USA or apply in China

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• thanks. one more question -dragonrain- ♀ (416 bytes) () 09/26/2010 postreply 19:37:55