I have some questions based on some assumptions. I know it is best if we have filed the H1-B transfer before I am laid off, but we need to be prepared for different scenarios.
I am being laid off at the end of this month. H1 B 的I-94 到13年底到期。
Assumption 1: Laid offà Offer letter comes and there is a gap of 10 or 20 days between the laying off day and offer letter.
1. 有10 或20 天的空档，我是不是一定要 回国激活，
-Practically this short cap normally does not affect your H1 transfer approval (you will get the H-1 I-94 with the H1 approval), so you do not need to 回国激活.
H4 持有者是不是也同样？
Assumption 2: Laid offà 我说服HR人让他们晚一段时间报移民局 àOffer letter comes and there is no gap between the official report day and offer letter或filing of H1-B transfer.
-You need to provide your last 3 months paycheck stubs when you do the H1 transfer, so if you can not provide the last paycheck stub to cover the gap, your H1 transfer approval may have no I-94,, thus you need to 回国激活. That is why 10 to 20 days gap (<one month) does not matter because USCIS can not tell the gap.
1. 我是不是一定要回国激活，H4 持有者是不是也同样？
-If you need to 回国激活,, your dpendent also need to get the H4 visa also.
这里有两问：
a. no gap between the official report day and offer letter
b. no gap between the official report day and filing of H1-B transfer
-THis two are irrelevant to the H-1 approval. The critical thing is your new employer need to file the H1 transfer before you lose your job (or at least file it within 30 days after you lose your job).
你们建议不建议我回国探亲，好几年没见家人了！In fact, I have reserved tickets.
-If you want ot visit China, you need to have the new H1 transfer approval notice to get the H1 visa.
