回复：接着问863211和pjiang老师关于h1-f1-h1的问题，大家也帮忙看看，心急如焚啊

just got laidoff...

my info: current h1b（i94） expires on 8/31/2010, last paystub will be on 9/10/2010.

questions:
1. i plan to change to f1 today 8/16/2010. if i find an new job after 8/31/2010 but before f1 approval can my new company file an new h1b or just take a transfer?
-New h1, but you do not need a new h1 quote. You also need to provide the copy of F1 application receipt to prove your legal stay.

3. when can i work for new company after filing new h1b or transfer? immediately or wait for approval?
-You only can work for the new employer after the H1 approval in this case.

2. do i need to go outside of us to get i94 for that new h1b or transfer?
-Normally your H1 will be approved with I-94 and thus, you do not need to go outside US to get the H1 visa and get the I-94. But if your h1 approval without I-94, you need to go outside US to get the h1 visa and come back to get the I-94 to activate your h1 I-94. Anyway, it is very easy to get the h1 visa, so nothing worried.

3. can i revoke f1 after new h1b or transfer?
-Had better not do that. If you do that, your H1 approval will have no I-94.

4. if can't revoke f1 and f1 gets approved after new h1b or transfer will i be f1 or still h1b?
-Your status will be F1 and you need to go outside US to get the h1 visa or change your F1 to h1 again. But I do not think you have any choice at this point because you have to file the F1 immediately to keep your legal stay unless you are sure you will find a job before 8/31.

5. continue with question 4 if i am f1 do i need to file an new h1b again?
-Yes to change your status to H1 or simply go outside US to get the H1 visa to come back.

this is so complicated......

any comments will be appreciated!!!

所有跟帖： 

• 谢谢863211， 麻烦再回答几个问题 -dadainnyc- ♂ (423 bytes) () 08/16/2010 postreply 08:44:05

• 回复：谢谢863211， 麻烦再回答几个问题 -863211- ♂ (679 bytes) () 08/16/2010 postreply 08:54:31

• getting h1b visa from canada will cancel my pending f1 immediate -dadainnyc- ♂ (124 bytes) () 08/16/2010 postreply 09:25:22

• True. -863211- ♂ (291 bytes) () 08/16/2010 postreply 09:33:28

• then I will have illegal gap between 8/31/2010 and new h1b? -dadainnyc- ♂ (83 bytes) () 08/16/2010 postreply 09:51:19

• 回复：then I will have illegal gap between 8/31/2010 and new h1b? -863211- ♂ (196 bytes) () 08/16/2010 postreply 10:02:10

• 回复：回复：then I will have illegal gap between 8/31/2010 and new h1b -863211- ♂ (309 bytes) () 08/16/2010 postreply 10:06:46

• how can I make sure? by sending uscis a letter as approval? -dadainnyc- ♂ (103 bytes) () 08/16/2010 postreply 13:24:05