江湖救急!好友H1B extension 被拒, 夫妻兩個的第一個 H1B都過期了,現在想在美國境內一邊 Motion to reopen, 一邊申請學生簽證。 因為他們之前辦了投資移民, 第一步通過了,所以出境之後,很難拿到非移民簽證回來。他們的小孩是美國公民, 隻有10歲,還在這邊讀初中 。
請教8老師, 這種情況有辦法在H1B上訴期間轉學生生份嗎 ? 能出點主意嗎 ?萬分感謝 !!!
-Because their H-1 I-94 expired, they cannot change their status to F-1 within US unless and the H-1 is approved finally after the motion to reopen is successful. They need to get the I-20 form a school and go to China to get the F-1 visa to come back if they want to be F-1 students.
They had better discuss with the lawyer and the employer for fling motion to reopen on the denied H-1 petition. If one of the couple's H-1 is still valid, the spouse can change to H-4 status.