You will still be H-1 even if I-140 is denied. You can apply for H-1 if your I-140 gets denied when you are in China. And I think it is rare the I-140 is denied without RFE.
If you are F-1, then you have to come back with AP; and unlikely you can maintain your F-1 if you come back with AP (someone WAS able to transfer to other status, like H-1 after using AP in F-1. but risky). If you did lose your F-1 then you are in AOS. And then if your I-140 is denied and so is your I-485; and you cannot file another I-485 right away. You are in illegal status, namely. If your illegal status didn't last more than 6 months, there is a good chance to reinstate. More than that, some troubles. If you really stay here illegally more than 6 months, ask a lawyer to help and I would say you still have a good chance to stay if you really want to.
The point is, after you are able to get in, unlikely you can be removed. So forget about your status, just focus on how to make sure you can get in.
Have you had your degree? If you have, you don't even need to worry about if you can get back if you don't have family here. China has plenty of oppurtunities.
If you are F-1, then you have to come back with AP; and unlikely you can maintain your F-1 if you come back with AP (someone WAS able to transfer to other status, like H-1 after using AP in F-1. but risky). If you did lose your F-1 then you are in AOS. And then if your I-140 is denied and so is your I-485; and you cannot file another I-485 right away. You are in illegal status, namely. If your illegal status didn't last more than 6 months, there is a good chance to reinstate. More than that, some troubles. If you really stay here illegally more than 6 months, ask a lawyer to help and I would say you still have a good chance to stay if you really want to.
The point is, after you are able to get in, unlikely you can be removed. So forget about your status, just focus on how to make sure you can get in.
Have you had your degree? If you have, you don't even need to worry about if you can get back if you don't have family here. China has plenty of oppurtunities.
