非常着急, 请求8老师解答, 谢谢了。
- 老公Ph.D学位,现在持2014年10月生效的h1b工作,即将被雷(估计有2个月的时间),我h4, 如何维持合法身份继续找工作。 听说过h1b转f1/b1,不知哪种更加可行。
- H1b 转b1, 在从b1转h1b 会有很大风险-It is not a good idea to change to B-2 status because B-2 status is normally only valid for 6 months. Thus, you have to leave US after 6 months unless your spouse find a job and change B-2 back to H-1.
- h1b转f1 的gap问题:是不是申请转换F-1,合法身份必须维持到I-20开始之前的三十天,也就是开学之前的三十天?如果9/1/2016开学, 必须保持h1b 到8/1/2016?-Not necessary. As long as your spouse files F-1 and you file F-2 before his is laid off, then you can stay in US legally to wait for thge F-1 approval. If your spouse want to change to F-1, he needs to do it as soon as possible because F-1 norammly takes a long to time to be approved.
- 如果他的h1b保持不到开学之前三十天, 能否离境从加拿大申请f1签证入境?因为大概在6月份能获得加拿大的open work visa 。-If he works in Canada, it is OK for him to apply for the F-1 or H-1 visa in Canada, and then enter US using the visa.
- 离境是否会影响H1b transfer: 如果他因为h1b在8/1号之前截至,暂时离开美国, 后来又在美国找到工作, 能否从加拿大签h1b入境?-He needs to get the H-1 visa to reenter US and most likely he may have to get the H-1 visa in China unless he work or live in Canada or is a Canadian permanent resident or Canadian citizen.
- 然后能不能直接办理H1b transfer?因为只用了2年h1b. -Yes. He does not need to get a new H-1 quote.
- 公司如果要revoke h1b会通知吗?-No.
- h1b失效是从移民局revoke h1b 算起?-Technically, the H-1 status is invalid from the layoff date. But if he can find a job in about one to two month after the layoff, he should have no problem to do the H-1 transfer and stay in US and comtinue to work for the new employer, and he does not need to change his status or leave US. If he find a job too late, he may still do the H-1 transfer, but the H-1 transfer approval may have no I-94, thus he needs to go to China to get the H-1 visa to come back or he may need to change his status to F-1, etc. to stay in US before he find a job.