回复：回复：请问皮匠关于H1第七年转H4的麻烦问题

863211老师，非常感谢您的回答，我google了几个小时，看到张哲瑞律师的网站上 有这样的话，但是查了很久也找不到法律条文的依据，不知道您是怎么看的？

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.

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• 终于找到了 -masupra- ♂ (1065 bytes) () 06/02/2010 postreply 15:11:45

• 回复：回复：回复：请问皮匠关于H1第七年转H4的麻烦问题 -863211- ♂ (561 bytes) () 06/02/2010 postreply 16:07:02

• 回复：回复：回复：回复：请问皮匠关于H1第七年转H4的麻烦问题 -masupra- ♂ (87 bytes) () 06/03/2010 postreply 06:55:07