之前的J1签证还未豁免，公司的律师不给继续办H1B，求指导

wcy940418 发表于 2018-3-22 02:05
那个我也看过，但是我律师就说会影响不给办

理论上
approval之前都可以， dgyou说的应该没错
楼主可以找官方的条款给他看，可能有用

ohmystill 发表于 2018-3-22 02:11
理论上
approval之前都可以， dgyou说的应该没错
楼主可以找官方的条款给他看，可能有用

多谢回复，请问你有知道这个官方条款应该在哪里找么

wcy940418 发表于 2018-3-22 02:20
多谢回复，请问你有知道这个官方条款应该在哪里找么

你简单搜一下USCIS的官网
我看到很多 论坛有很多这些讨论， 用英文搜一搜应该有帮助

理论上抽签是没问题的。往年其实都不会有这个问题，估计是去年rfe + deny太多律所也怕了。。祝LZ顺利

ohmystill 发表于 2018-3-22 02:27
你简单搜一下USCIS的官网
我看到很多 论坛有很多这些讨论， 用英文搜一搜应该有帮助

我刚才在I-129的instruction里找到了这样一段，按我的理解，USCIS说第一句加粗那两个Requested Action才需要提供证明，我这么理解正确不
Classification - Initial Evidence
For all classifications, if a beneficiary is seeking a change of status or extension of stay, evidence of maintenance of
status must be included with the new petition. If the beneficiary is employed in the United States, the petitioner may
submit copies of the beneficiary’s last 2 pay stubs, Form W-2, and other relevant evidence, as well as a copy of the
beneficiary’s Form I-94, passport, travel document, or I-797.
The beneficiary’s dependent family members (generally, spouses and children under 21) should use Form I-539,
Application to Change/Extend Nonimmigrant Status, to apply for a change of status or extension of stay.
A nonimmigrant, who must have a passport to be admitted, generally must maintain a valid passport during his or her
entire stay.
The following nonimmigrants are not eligible to change status:
1. An alien admitted under a visa waiver program;
2. An alien is transit (C) or in transit without a visa (TWOV);
3. A crewman (D);
4. A fiancé(e) (K-1) or his or her dependent (K-2);
5. A spouse of a U.S. citizen (K-3) or his or her dependent (K-4);
6. A J-1 exchange visitor who was admitted in J-1 status for the purpose of receiving graduate medical training;
7. A J-1 exchange visitor subject to the foreign residence requirement who has not received a waiver of that requirement;
and
8. An M-1 student to an H classification, if training received as an M-1 helped him or her qualify for H classification.

Requested action有：
A. Notify the office listed in Part 4. so the beneficiary(ies) can seek a visa or admission. Check this box if the
beneficiary is outside of the United States, or, if the beneficiary is currently in the United States, but he or she will
leave the United States to obtain a visa/admission abroad.
B. Change the status and extend the stay of beneficiaries who are now in the United States in another status.
Check this box if the beneficiary is currently in the United States in a different nonimmigrant classification and is
applying to change to a new, nonimmigrant status.
Exception: If the beneficiary seeks to change status to H-1B1 Chile/Singapore or TN classification, see Item f.
below.
C. Extend the stay of each beneficiary who now holds this status. Check this box if the beneficiary is currently
in the United States in a nonimmigrant classification and is requesting an extension of his or her stay in the same
nonimmigrant classification.
Exception: If the beneficiary seeks to extend his/her stay in H1B1 Chile/Singapore or TN classification, see
Item e. below.
D. Amend the stay of each beneficiary who now holds this status. Check this box if the beneficiary is currently in
the United States in the same nonimmigrant classification and you are notifying USCIS of any material changes
in the terms and conditions of employment, training or the beneficiary’s eligibility as specified in the original
approved petition.
E. Extend the status of a nonimmigrant classification that is based on a Free Trade Agreement. Check this box
if the beneficiary is currently in the United States based on a Free Trade Agreement (H-1B1 Chile/Singapore or
TN classification) and is requesting an extension of his or her stay in that same classification.
F. Change status to a nonimmigrant classification that is based on a Free Trade Agreement. Check this box
if the beneficiary is currently in the United States in a different nonimmigrant classification and is applying
to change to a nonimmigrant classification based on a Free Trade Agreement (H-1B1 Chile/Singapore or TN
classification).

A和B应该就是我们常说的境外激活和境内转换吧

谢谢大家，但是argue了半天，公司和律师之间互相踢皮球，我是耗不动了，今年只能算了，祝大家好运