can I go back while H1 pending

Maybe most challenging H1B visa questions:

I found a job with H1 sponsorship,but this job needs me to come back and forth between US and China.

Even if the company files H1B right after my graduation(in May),I can not receive H1 B before Oct 1.Now I have received EAD for OPT.

However,I have to go to China to work and may need to come back before US(I will have offices in both US and China).

My questions:
1.Whethe will it be extremly difficult to renew F1 visa in China if I need to be back before H1 visa aproval?(I will be on OPT before Oct)

2.I hear that my H1 visa application will be automacically cancelled due to my trip out of US,right?

3.There are two types of H1 B,one for those who remain in US,and another one for those who are out of US and need to obtain entry visa in foreign countries.

I am not sure where I will be at the time that my H1B visa is aproved(around Oct).Then, which way I should go ahead? (as applicant in US or as applicant out of US)

4.Should I file premium petition or regular one? Any difference?(the company will file petition around mid-May).

5.I have obtained EAD. Can I work in both US and China during OPT?(some one said that my OPT will be uneffective if I leave US)


Thank you a lot(if you really know some regulation.Pls not give me the unauthoritative answer)!

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• 回複：can I go back while H1 pending -papasmirf- ♀ (355 bytes) () 04/21/2004 postreply 08:03:31