回複：謝謝8老師，但是如果當時不recapture 一些時間的話，我的h1b 過期，他又沒有及時file 延期，我不是屬於非法滯

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.

所有跟帖： 

• Thank you. You have been very helpful. I really appreciated. -bonvivant1- ♀ (328 bytes) () 05/14/2013 postreply 08:37:08