假如他的雇主不主動取消I140,那麽他剛剛續過的3年H1b是否1年內都可以transfer呢?還是必須要在2,3個月內找到工作?
-Because he has extended his H1 beyond the 6 year H1 limit,his H1 can be extended unlimitedly in the future as long as his I-140 has not been withdrawn. His new employer can file an H1 petition any time using this approved I-140 for another 3 year H1 duration.
So, the critical thing is his current employer not to withdraw the approved I-140 and as far as I know, most employers will not withdraw the I-140 because the employer lose nothing, anyway.
似乎h1b transfer需要出示雇主近期的工資證明。那麽沒找到工作之前的時間就會有工資空白啊。
-He needs to change his status to H4 and then, change it back to H1 again using the approved I-140 when he find a new job annd thus, not need 雇主近期的工資證明. If he does not change his status to H4 and he find a job but has no 雇主近期的工資證明, then his H1 will still be approved,, but the H1 approval will have no I-94, and thus, he need to go to China to get the H1 visa to come back (that is not big deal, anyway).