We filed 485 in June and just got AP approved. I want to visit China next month. However, I applied to change status from F1 OPT to H4 in may and have not receive approval yet. My hu*****and's H1 will also expire on 9/30/2007. We are filing H1B/H4 Extention now.
My hu*****and checked with his company's lawyer (An indian lawyer). The lawyer said we will need to wait until H1B/H4 Extention approved before going back to China.
My question is:
1. Is the Lawyer correct on it?
- It's true for sake of your hu*****and, but you have more flexibility
2. If I get H4 approved in one month. Can I go back to China and come back before 9/30/2007 (My hu*****and's H1B expiration day)?
- Yes
3. If I go back without H4 approval. Can I come back? If so, what status will be? Does it affect anything?
- You may travel with AP, regardless H-4. You become a Parolee then. No affection.
I really want to go back to China as my grandpa is over 90 and I just cannot wait another 6 months.
- You filed I-539 in May, and you should get it in month from now.
Thank you for your advice!
回複:Can I go back to China now?-Ask XBT--Thanks
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07/17/2007 postreply
13:39:13