Here is the situation: I am H1B visa and my wife is F1/OPT visa which will expire on Jan. 7th, 2008. she have filed the H4 visa application already, it is pending now. And she plan to apply for H1B visa on April 1st, and the attorney have all the materials already now. We plan to go back to China on Febrary. Here are questions:
(1) If the attorney filed her H1B visa on April 1st from USA and we are still in China at that time, if the H1B visa is still pending, can my wife apply for H4 visa to come back to USA?? Will this affect her H1B visa approval??
(2) Differnt from above, if her H1B visa has been approved, can she apply for H4 visa to come back to USA and use H1B visa from Oct. 1st, 2008?? Will H4 visa from China supercede the H1B approval since it is approved after the H1B approval??
Many thanks to youe help!!!