回複：回複：回複：H1B ６年後file extension

863211 · 2011-08-07 18:53:28Z

回複：回複：回複：H1B ６年後file extension簡介

來源: 863211 於 2011-08-07 18:53:28 [檔案] [博客] [舊帖] [給我悄悄話] 本文已被閱讀：次 (3507 bytes)

回答: 回複：回複：H1B ６年後file extension 由 LUCKY1 於 2011-08-07 18:08:52

問題:我可以在這邊轉成H-4嗎?覺得在這邊簡單些.回國可能有拒簽的危險.

-It is not practicle for you to change your H1 to H4 at this point (it is too late) because the H4 application has no premium processing to get it approved before your H1 expires. Thus, your 6 year H1 clock can not be stopped during the H4 pending and thus, it will run out.

另外,和律師討論過這個問題,他說我H1-B六年用完了也沒問題,隻要在這邊身份合法就行,到140批了,就可以申請H1-B.我和你的意見一致,覺得H1-B必須還有剩餘才能在140申請批了後申請延期,863211 能不能confirm 一下

-I don't agree with your lawyer at all and I also do not suggest you to be risky to follow your lawyer suggestion. Based on the AC21, it is called H1 extension beyond the 6 year limit if you meet the requirement. When you extend your H1 status, you have to have a H1 status to extend it. If your 6 year H1 status have expired (equal to you do not have H1 anymore in this 6 year period), how can you extend it? What your lawyer said is called to get the new H1 (not h1 extension) which only can be got again after you stay outside US for at least one year.

So, you need to go outside US immediately to stop the 6 year H1 clock. Then, after the I-140 is approved, get the H4 visa to enter US and change your status to H1 with extension beyond the 6 year limit. Another choice is that after the I-140 is approved, ask your employer to file H1 petition extension beyond the 6 year H1 limit, then send the H1 approval notice to you in China, then you just apply for the H1 visa directly in China to come back.