XBT and other gurus, please help! H1 -> H4 and I-485 pending

Hi,

I was admitted into U.S. by my H-1B visa, and I submitted I-539 to change the status to H-4, which was approved in April 2007. I quitted my job in June, and submitted I-485 as a dependent in August. I got EAD and AP already, but I just noticed that my H-4 approval notice said my H-4 status was valid from 10/01/2007. I guess I was out of status between June and August (or October).

I plan to go to China for a month next year. I have several questions:

1) May I apply H-4 visa in China? If I do so, will USCIS consider that I abandon my I-485? Because I changed my vias type from H-1 to H-4.

2) If I use AP, will my 'out of status" period prevent me from re-entering U.S.? I'm concerned if USCIS thinks my I-485 application is submitted during my out of status period.

3) If both are fine, which way is safer?

Thanks a lot for your help!

所有跟帖： 

• Your AP was adjudicated and stays valid. Use AP for re-entry -pharmacyelite- ♂ (241 bytes) () 12/21/2007 postreply 07:30:40

• BTW, "gurus" is indian language for "teacher". Not fit for us. -pharmacyelite- ♂ (0 bytes) () 12/21/2007 postreply 07:32:28