老公十二月被裁员, 公司要在二月底通知移民局他的H1B无效了, 律师这两天会将我的I-140和I-485一起交出去, 并告诉我说我老公不需要转成H4, 真的吗??他这样不就是没身份了??
原文如下:
We do not need to file the H4 since the I-140 and I-485 are being filed prior to the H1B terminating. He will remain in status, but will not be able to work until he receives his EAD card. If he gets another job within 30 days though, the H1B will still be transferrable to a new employer under the grace period.
He would have a grace period of 30 days from the last day - to file an H-1B with a new employer. Immigration usually wants to see their latest pay stub. So it the last pay stub ends at the end of Feb, he has until the end of March to file for a new H-1B. If this does not happen because he cannot find a job, then he may rely on his EAD - employment authorization document - which takes about 3 months to process from the date of filing of the Adjustment application. In this scenario, he cannot work until he has the EAD card.