8老師好!
又來請教您了。我現在H4,上個月先生被解雇,他是加拿大籍,我是中國籍。
我現在申請秋季去讀書,剛查看網上狀態是admitted。我想問是不是在 Grace period 到期之前拿到 I20 我就不需要出境?
還是必須拿到身份轉換I539的收據才可以?-Yes, so you had better contact your school to issue your I-20 and ask the school to help you to file I-539 to change your status to F-1 as soon as possible. Not need to tell the school that your spouse was laid off!!
我先生是不是要和我一起遞交身份轉換申請?
-Yes if he wants to get the F-2 status.
要分開遞交嗎?他除了轉F2,還有其它選擇嗎?-May try B2, but F-2 is better than B2.如果不轉,他可以在美國呆著繼續找工作嗎?-He needs to leave US after the grace period if he does not change the status or find a job before the grace period ends.
我們的綠卡(EB3)申請I140通過有兩年多了吧。是不是現在就作廢了?-Yes unless his employer will hire him back. But he can use this approved I-140 to extend his H-1 status beyond the 6-year limit and also, can keep the I-140 priority date for the future new I-140.