I read your questions carefully. My company handled H1 application so I don't have access to the lawyer. After they hear that I can change status from OPT to F2, they just applied H1 and didn't bring this issue. I don't think it is a good idea to go back to China. The last action rule only applies to extension of status and not for changes of status. In 539, there is a date that you can specify.
回複:回複:回複:F1-grace period-H1b
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May need chg F-2 to H1 later
-CPG-
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04/23/2004 postreply
17:35:59
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回複:May need chg F-2 to H1 later
-OPTexpiri-
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04/24/2004 postreply
09:35:45