xiaohuitu2008-05-15 03:38:01
I have a visa and green card application situation currently and I need hear your opinions/experience. Thank you very much in advance.

I am currently working in the US for Company A and hold H-1B visa and both my wife and I are at the final stage of I-485 (Our application filed on Apr 7, 2005). My wife already returns to China and her AP expiring on June 29th this year. For me I am still work in the US and just renewed my AP till next April. However, both of our visas will expire on September 2008 due to the six year period.

The situation here is I recently accepted an offer from a US Company B with a local package to work in China and will soon go back to China in early June. Since it is a local package, I do not expect Company B to renew my H-1B visa.

Now, I don’t know about my status after I return to China. I am sure that I will most likely travel back to US for business trips in the near future. However, I don’t know how my status affects my visa application (B-visa). Do I really need to abandon my I-485 application say before I leave or wait till September when H-1B visa expires?

If say we are lucky to have our I-485 approved before June 29th, can my wife and I still come back to the States to claim the green card status? Or say if only my I-485 is approved before the expiration of the H-1B assuming it is still effective, can I come back before September to get my green card?

Again what should we do for our current situation, please advise. Thank you so much!