他給我的解釋就是recapture了,我就可以合法多一些時間,讓他去file extension.
-Recapture = file H-1 extension. You need to ask him how he did the recapture because you are very confused to provide the information here. Did he file the H-1 extension for you to recapture the time you spent in China before your old I-94 expired? If he did that and then, file another new extension again in Jan. 2013, you will be fine.
If he only filed one H1 extension on Jan. 2013, you will have a big problem. Thus, your H-1 extension filing can not save your status, and thus you has been illegally present from the date your I-94 expired if your H-1 extension approval has no I-94. So, you are not qualified for your I-485 filing unless your H1 extension approval has the I-94 (this is not possible unless there is miracle).
Here is some information on the H-1 recapture for your reference:
from:
http://www.temple.edu/isss/international/recapturing-time-h1b.html
.....Detailed documentation that independently corroborates the time spent outside the United States must be presented when filing an I-129 petition that claims recapture time......
如果一切順利,我能拿到這個延期的話,我需要回國嗎?這樣我好拿到新的I-94表,因為現在我的i-94在11/24/12就過期了。
是不是需要有效的i-94才能 file 485呢?
-Yes in your case because your old I-94 expired for > 180days.