Dear xiaobatu, mytwocents, worthit, fsa2000, and Ban Zhu, Questi Cherrybay2006-04-11 20:45:00

I am an H1B holder. My I-140 and I-485 are pending. I need to go back to China now. If I use my AP to re-enter the U.S., the U.S. custom will stamp "AOS" on my I-94. If I work for the same company, what is my status, still H-1b, AOS, or both? I never used my EAD. Later, if my I-140 got denied, do I need to leave this country right away, or I am still an H-1b holder. This is very confusing.

BTW, is it easy to get an H-1b visa in China? My situation is a little bit complicated. I came to the U.S. with F-1 visa, but I transferd twice, from Master program to language school, from language scoll to Ph.D. program. Now, I have the H-1b visa and have applied for immigration visa. I am not sure if I can get the H-1b visa in China. I also need to take the risk for security check.

Thanks in advance!

using AP doesn't affect your H-1B if you work for

回复：Dear xiaobatu, mytwocents, worthit, fsa2000, and Ban Zhu,

Thanks.