In this case, Should I use AP or H1b come back from China?
--Your own choice of these two options.
If I use AP, Can My wife use H4 to come?
--You wife will need to get H4 stamp in consulate, using your valid 797 notice.
If I apply for a New H1B visa, Is Her H4 visa still valid,
does she need to apply for another H4 with my New applied H1 ?
--Do you mix up H4 visa and H4 status, H1 validity and H1 visa? H1/H4 visa only lasts for 3 months. To obtain H4 visa, she only needs your valid H1 797 notice, but not depending on your visa stamp.
I heard that If I use AP, then My H1 status is invalidated and I need to renew
My H1 after back to USA and My wife need to renew her H4 also?
--You should read PJ's blog. Use of AP will not invalidate H status. It's been a common sense already.Google check USCIS Cronin memo.
Basically, if you prefer to use H1 for re-entry, you may go to consulate(CHina or Canada/Mexico) to get an H1 visa stamp, then enter US together with your wife and kid. Both of them should have valid H4 visas upon re-entry. As you said, your wife already has the H4 visa. She's good to go.
If you want to use AP for re-entry, then it's an efficient option. Your H1 is crystally valid after reentry. Wife/kid will be H4 after re-entry, since your H1 is preserved. The only different is, you have 1 yr parolee status, and she has a different length of H4 validity. Do bring H1 approval notice with you.
--Your own choice of these two options.
If I use AP, Can My wife use H4 to come?
--You wife will need to get H4 stamp in consulate, using your valid 797 notice.
If I apply for a New H1B visa, Is Her H4 visa still valid,
does she need to apply for another H4 with my New applied H1 ?
--Do you mix up H4 visa and H4 status, H1 validity and H1 visa? H1/H4 visa only lasts for 3 months. To obtain H4 visa, she only needs your valid H1 797 notice, but not depending on your visa stamp.
I heard that If I use AP, then My H1 status is invalidated and I need to renew
My H1 after back to USA and My wife need to renew her H4 also?
--You should read PJ's blog. Use of AP will not invalidate H status. It's been a common sense already.Google check USCIS Cronin memo.
Basically, if you prefer to use H1 for re-entry, you may go to consulate(CHina or Canada/Mexico) to get an H1 visa stamp, then enter US together with your wife and kid. Both of them should have valid H4 visas upon re-entry. As you said, your wife already has the H4 visa. She's good to go.
If you want to use AP for re-entry, then it's an efficient option. Your H1 is crystally valid after reentry. Wife/kid will be H4 after re-entry, since your H1 is preserved. The only different is, you have 1 yr parolee status, and she has a different length of H4 validity. Do bring H1 approval notice with you.
