My mom ted her green card application after she came to US as B1 in November 2004 (I am a US citizen) and was interviewed in January 2005. Now the name check has been almost two years.
She got her Advance Patrol (TRAVEL DOCUMENT) in July 2006. But I heard it’s very risky that she might be denied to enter into US when she comes back since she has stayed in USA more than 180 days after the expiration of her b1 visa, which is May 2005. Is that true?
Also I heard that if she goes back to China now, she will be considered to stay in US out of status for the time after her visa expired(May 2005), so it’s been about one and half year since then. Is that true? Is that still possible for her to apply h1b again in the future? How long should she wait if so?
Any advice is greatly appreciated. Thank you very much in advance.