请看移民局关于转换、延期申请之相关规定：
An EOS or COS application must be filed within the period during which the alien is in an “authorized status”,
i.e., within an authorized period of admission as contemplated by parts 214.1 and 248.1.
The period during which a timely filed EOS or COS application is pending continues the alien’s period of
authorized stay in the United States (allowing the alien to avoid accruing unlawful presence),
but does not extend the alien’s period of “authorized status.”
USCIS MEMORANDUM:
Guidance on Interpretation of “Period of Stay Authorized by the Attorney General”
in Determining “Unlawful Presence”
http://www.uscis.gov/files/pressrelease/PofStay4023Pub.pdf
...
alien to be within a period of stay authorized by the Attorney General (and not unlawfully present),
if the alien has a filed a non-frivolous EOS or COS application with the Service Center and
that application is still pending,
provided that such application was timely filed, i.e.,
prior to the expiration of the Form I-94. See 3/3/00 Pearson memo.
>>可是回国是不是意味着放弃了H1B呢？
是,回国意味着放弃H1B申请.
申请人出境之后，其非移民签证的延期(Extend of Status)申请不受影响，但转换身份(Change of Status)的申请则被认为放弃。
USCIS MEMORANDUM: Travel After Filing a Request for a Change of Nonimmigrant Status
http://www.uscis.gov/files/pressrelease/Travpub.pdf 同行网 - 出国签证 工作移民 旅游探亲 问答交流
同行网 资料仅供参考 版权归原作者所有
Important Disclaimer: Answers and comments provided on usxing.com are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. usxing.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments.
If you feel that you have found inappropriate content, please let us know by emailing us at usxing.com@gmail.com with the question ID listed above. Thank you.
添加同行网到收藏夹
悬赏分：40
最佳答案