舊的H1B 8月20號已到期,公司8月28號才將我的H1B延期申請遞上,沒辦加急。
-Then, you can not work now because your employer filed the H1 extension after your old H1 expired.
現公司要我10月5號到中國出差,但家裏老人病危在醫院,我擔心隨時有可能必須回去。
反複考慮,還是覺得取消H1B延期申請比較保險。
-I don't think you need to withdraw the h1 extension petition because it does not affect you anything. You may just ask your employer to use premium processing now and it is possible to get it approved in a few days (e.g. 4 to 5 days sometimes). You may efile I-907, Request for premium Processing,for your previously filed I-129 (H1 extension).
You may also use EAD to work and then, go to China to get the h1 visa using the approval notice to return to H1 in the future when you want to.
請再指教。