回复, 再次请教皮老师:心急如焚阿~~~ 皮老师请教!! h1转h4 什么时候可以辞职?

谢谢皮老师回复,我给我的律师问了这个问题,她跟我说以下的内容。我觉得她是在说如果我的h4不通过的话,会引起问题,是吗?

Regarding your inquiry about your wife changing her status from H1B to H4, the document refers to extension of stay situations not change of status. The following is from the USCIS website and refers directly to change of status: "Until you receive approval from USCIS, do not assume the status has been approved, and do not change your activity in the United States. For example, if you are currently a nonimmigrant tourist, do not begin attending school as a student until you have received authorization from USCIS to change your status. If you fail to maintain your nonimmigrant status, you may be barred from returning to and/or removed (deported) from the United States. Your authorized status and the date your status expires can be found in the lower right-hand corner of your Form I-94, Arrival-Departure Record." You wife can take the chance that her change of status will be approved and resign before it is but the safest course is for your wife to wait to resign until her change of status request is approved so that there is no chance that she will be out of status. Any time out of status will negatively affect her I-485 petition to adjust her status to that of permanent resident after your I-140 is approved and may prevent her from getting her green card.

我的律师比较年轻,而且只擅长于NIW写推荐信什么的,好像对过渡期的身份问题不是很在行, 而且感觉有些保守。

Any time out of status will negatively affect her I-485 petition to adjust her status to that of permanent resident after your I-140 is approved and may prevent her from getting her green card. 他还说这句话让我胆战心惊,请教皮老师, H4通过了的话, 我不会incur out of status天数吧?

而且我觉得我的h4不通过的可能性几乎没有,是不是可以不顾他的意见后辞职?

还有不懂的是:我的current H1B上的I-94一直有效到 09/2015, 如果我现在辞职了,这个I-94还有效吗? 还是说会自动无效?

 

 

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