回複：8 teacher,can I stop run H1B and leave US and back as B2 visa

8 teacher, do you mean I can go back to China before my 6 year reaches, and thus stop my H1B running, then can I apply B2/B1 back to US while my perm audit is pending (I think of going back to F1 is too tedious and money consuming)? Does B2 affect my leftover H1B status,i.e, I can still use about 1.5 months later on.

-The B2 visa is OK to stop your H1 clock. But the B2 visa may be difficult to get in your case because the VO may be curious why you still need to be a tourist after you have been US for many years.

or I can go back right now, stop H1B running,wait perm is approved and I-140 approved and 3 year H1B extension approved, then come back.

-Yes, this will work. Actually your can come back to US to extend your H1 beyond the 6 year after your PERM pending is for one year.

But nobody knows how long audit is gonna take, and the company needs me to be in the U.S. at this time. And if the perm is denied, I am in China, I will need to apply a new h1B come in US after spending 1 year in China. Is my understanding right?

-You are right. If you stay outside US e.g. China for one year, you can get another 6 year H1 term.

anther question, My H1B is pending, as long as it is pending,no matter I reach 6 years or not, I am still in lawful H1B status right?

-When your current H1 I-94 expires, your H1 status expires. But you can stay in US and continue your work during your H1 extension is pending no matter your H1 reaches the 6 year or not.

another word, if after 11/25, I've still not received H1B denial notice, my H1B extension still shows pending, I can still stay in the US legally on H1B until I get the H1B extension denial notice, right?

-Correct.

say if I get the H1B denial notice on 12/20, then I need to leave US in 10 days, if at this time, my perm audit is still pending, I am in China then, and if my perm is approved in Jan of 2012, I-140 is appoved after 15 days,

can my employer still extend my 3 year H1B in Jan of 2012?

-If the H1 extension is denied, it is "yes" because your H1 clock stop at the point of your currrent H1 I-94 expiration date. But if the H1 extension is approved, technically "no" beucase your 6 year H1 runs out, so unless you stop your H1 clock before your H1 reaches the 6 year limit, you can not extend your H1 in this case..

I feel the audit may take more than one year.

 so I don't need to apply new H1B, right?

Sorry, I have so many questions, I wish I have a good lawyer, thanks very much!

-I always see some Chinese lawyers advertise their service everywhere such as 張哲瑞律師, 陳丹虹律師, etc. It seems to me their service may be OK. So, you may contact/consult them to see what you feel. They may charge you some consultant fee when you consult them. Anyway, call them first.