回複:我的前任雇主2008裁員時沒有取消我的H-1B (valid till 9/13/2011)

因為是裁員,給了一些福利,象什麽輔助找工課程,不注銷H-1B,等等,這個H-1B還有用嗎?It is still valid. Can I use it to do H-1B transfer? (One of my lawyer said yes)

-Beause you did not work for that employer for a long time, your H1 transfer will be approved without I-94 and thus, you will need to go outside US to get the H1 visa to come back and it might have a problem to get the H1 because you work for current employer with revoked H1 unless you reinstate your current h1 status. But you will not be sujected 3 years or 10 years bar because you have a valid H1 I-94 from the old employer (first employer) which allows you to stay legally until the I-94 expires though your H1 status is invalid.

So, the better way is to see whether your current H1 extension is approved. If not, you have to go outside to get the H1 visa after your H1 transfer is approved without I-94. Although you might have a problem to get the visa, it does not mean you have no hope especially it was not your fault (just prepare the explanation carefully).

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Very clear and knowledgable, thanks! -Man40- 給 Man40 發送悄悄話 (94 bytes) () 03/18/2011 postreply 08:31:12

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