What you said is not 100% correct. I guess the reason
is wants to apply for H1 is he wants to bring his other half in as H4. In order to do that, you need a valid H1 visa stamp. You could either get it by going to 3rd country like Mexico, doing re-validation (if you are eligible) or going back to China to apply with your H4 dependent. It is very unlikely that the H1 will get rejected, but you might be checked. There is always a risk involved when you come back with AP but your H1 is either rejected or being checked. I personally went to Mexico to get my H1 visa stamp and went back to have my wife get H4. I also have valid AP but didn't have to use it. It is a judgement call, you have to decide it by yourself. Good luck.
is wants to apply for H1 is he wants to bring his other half in as H4. In order to do that, you need a valid H1 visa stamp. You could either get it by going to 3rd country like Mexico, doing re-validation (if you are eligible) or going back to China to apply with your H4 dependent. It is very unlikely that the H1 will get rejected, but you might be checked. There is always a risk involved when you come back with AP but your H1 is either rejected or being checked. I personally went to Mexico to get my H1 visa stamp and went back to have my wife get H4. I also have valid AP but didn't have to use it. It is a judgement call, you have to decide it by yourself. Good luck.
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