回复：不好意思，8老师，我还有一个问题， 关于这个>180天的。

我的h1b 去年11／14／12到期，律师晚了没有及时递交extension,但是他recapture了我以前出境用的一些时间，一共58天，他在今年1／10／13 received date,拿到receipt的。他说他是在recaptured 的时间过期之前递交了extension,所以240天的grace period对我来说也是有效的。如果我可以在这个240天以内拿到extension,会影响我file 485吗？还是说我必须在180天之内拿到那个extension approval才行。

-I don't agree that lawyer at all. It does not matter you recapture the time you spent in China or you still have the 6-year H1 time left, your H-1 status expired on 11/14/2012 (the I-94 expiration date), and you must have filed your H-1 extension before that date, and this is the very common sense. Actually, you do not need to recapture the time you spent in China, and you can just extend your H-1 for another 3 years beyond the 6 year H1 limit  because you have an approved I-140 in hand.

I doubt that lawyer has the training in immigration law. I have never seen a lawyer so poor professionally. Obviously, your status will have a big problem unless you are lucky to get the H-1 extension approval.