回复：回复：请问各位老师, H1B layoff this Friday (11/19), to keep legal sta

Hello, Sir/Madam:

Thank you very much for your time and kindness.

"1) As long as the F1 application receipt date is before my H1b withdrawn date, there won't be a gap and I still have legal status.

-You are legal to stay though you do not have legal status until your F1 is approved."

[Question] Does "You are legal to stay" mean I don't have a gap in my legal status?


"Several friends did not transfer their H1b after they got laid off, but stayed "illegally" for a while to get a job and returned China to activate the new H1B. Is this way better than transferring my H1B (taking the risk of having F1 application denied but possibly remain legal)?

-Depends on how long and how sure you can find a job. You are legal to stay in US until your H1 I-94 expires though you have no legal status after you are laid off, but if you take too long time to find a job, it might affect your H1 visa application outside US."

[Question] A saying: "As for unlawful presence, the alien should not accumulate more than 180 days of unlawful presence which will be subject to a 3-year bar to admission in the future."

My H1 I-94 card wrote 07/13/2012 now but my H1 will be withdrawn by my company on 11/19/2010, will this change the I-94 expiring date to 11/19/2010?

Sorry that I am confused with the concepts of "legal to stay" and "unlawful presence", do they mean the same?

Thanks again for your time.

Tom