After consult my lawyer, I become more nervours again. Here is the problem she said:
( attach your previous answer at bottom, just help you remember the question I asked before)
1. My lawyer said my daugher could not file “FOLLOWING TO JOIN” since we did not put her name on I-140 form, is this true?
When we filed I-140, we did not add my daughter’s name on I 1-140 application form; but we did put her name on our I-485 form (even thouth we did not file her I-485 since she was in China back then).
Really really appreciate your helps!!!
=================
Thank you so much for your fast response. Is possible the CBP officer send her back?
-Everything is possible even if your H1 status is still valid. But in my personal judgement, this possibility is small. Also, the H1 and green card application are different cases and your H1 in USCIS system may be still valid at this point though it is techncially inalid. I have seen in some cases that a person's I-485 is approved first, and then his H1 extension is still approved later. So, the CBP officer may not find out your green card was approved. Thus, your kid just use the H4 visa to come back as aoon as possible. If the CBP find it out, your kid may just ask the officer to issue a B2 I-94 (status) to let her in.
After your child enters US, file the I-485 immediately.