8 teacher, urgent question,I-94

8 teacher, my I-94 is gonna expired on 10/10/2011,my H1B extention (one year plus two month outside US time) is pending. Do I have to leave US before I-94 expire, i.e. before 10/10/2011 or I can leave before end of Nov of 2011? we are thinking of your choice: going back to China before reach 6 years max (leave about one month unused H1B), then come back at business visa, while also wait perm/I-140.

Because if say perm is denied right now, we have to leave US anyway after staying until 6 year reaches, that is Nov.

and if no any result, we still stay and wait for H1B extension and audit process,and use up 6 years in Nov, then after Nov, the perm/audit (prove or not) are no any meaning. so better leave earlier before reaching 6 year max, do you think this is the best choice for us? 

 

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