I am holding H-1b now. My I-140 (NIW) is still pending. I need to go back to China in May and stay there for 1 month. If I come back with AP and work for the same company and my I-140 gets denied later, do I have to leave to reapply for a new H-1b visa?
My lawyer does not want me to use AP. He suggested me to get an H-1b visa in China. But I am afraid of getting denied or security check.
Can you give me some suggestions?
A million thanks in advance!