863211老師，非常感謝您的回答，我google了幾個小時，看到張哲瑞律師的網站上 有這樣的話，但是查了很久也找不到法律條文的依據，不知道您是怎麽看的？
http://www.hooyou.com/news/news020810h1b.html
Example 2A
Mr. Chen is from China. He is currently working for a large computer company under an H-1B. Mr. Chen’s wife is also in the United States on an H-1B. His wife has only been in the United States for 3 years, so she is eligible to stay for another three years under an H-1B. Mr. Chen’s six year H-1B visa is about to expire. Fortunately for him, he can change to H-4 status as a result of his wife’s H-1 status. Under an H-4, Mr. Chen self-petitioned for a National Interest Waiver (I-140) through our firm. His NIW was approved, but immigration visa numbers for NIW EB-2 are not available. Can he still file for an H-1B extension to change his status from H-4 to H-1B?
Answer: Yes. Mr. Chen can still file for an H-1B extension because he meets the requirements of Section 104(C); his I-140 has been approved, but a visa number is not available to him. It is not necessary to be in H-1B status when filing for H-1B extension under Section 104(c). However, as a general rule, he must be in a valid legal status (in this case, H-4) when he petitions to switch back to H-1B for an extension.
http://www.hooyou.com/news/news020810h1b.html
Example 2A
Mr. Chen is from China. He is currently working for a large computer company under an H-1B. Mr. Chen’s wife is also in the United States on an H-1B. His wife has only been in the United States for 3 years, so she is eligible to stay for another three years under an H-1B. Mr. Chen’s six year H-1B visa is about to expire. Fortunately for him, he can change to H-4 status as a result of his wife’s H-1 status. Under an H-4, Mr. Chen self-petitioned for a National Interest Waiver (I-140) through our firm. His NIW was approved, but immigration visa numbers for NIW EB-2 are not available. Can he still file for an H-1B extension to change his status from H-4 to H-1B?
Answer: Yes. Mr. Chen can still file for an H-1B extension because he meets the requirements of Section 104(C); his I-140 has been approved, but a visa number is not available to him. It is not necessary to be in H-1B status when filing for H-1B extension under Section 104(c). However, as a general rule, he must be in a valid legal status (in this case, H-4) when he petitions to switch back to H-1B for an extension.
