J2->F1->H1b, I-485 denied, 回國兩年請教.

I originally came in the United States as a J-2, then studied as an F-1 student (went outside the country and got the visa). I have been worked on an H-1B visa since 2004. My I-485 was denied because of the 212(e) rule in August 2008. My hu*****and originally came to the United States as a J-1, went back to China for two years and completed the two-year home country residence requirement.

I am still subject to the two-year rule. My H-1B was extended for the 7th year even after my I-485 got denied. I plan to go back China to fulfill the two years. Here are my questions.

1. Can I come back to US to visit my son and my hu*****and during these two years? If yes, what kind of visa can I apply for? My hu*****and is on H-1B.
2. Is it legal if I still work for my current employer from remote? My current employer still wants to keep me working and would like to pay me as the same as when I am in US. Is that possible? My 7th year H-1B will be expired in Feb 2011.
3. My EB2 priority date was November 2003. Will it still be valid when I come back to the same employer two years later?

Thank you very much in advance. Sorry this is not in Chinese.

所有跟帖： 

• 回複：J2->F1->H1b, I-485 denied, 回國兩年請教. -863211- ♂ (1302 bytes) () 06/07/2010 postreply 21:58:21

• J2 waiver within U.S. and continue your work with h1 in US -拖拉機手- ♂ (72 bytes) () 06/08/2010 postreply 07:40:17

• Thank you so much! -四月花開- ♀ (0 bytes) () 06/08/2010 postreply 18:54:35

• 回複：J2->F1->H1b, I-485 denied, 回國兩年請教. -yeeha- ♂ (64 bytes) () 06/08/2010 postreply 09:21:29