"The B1/B2 visa may not save your issue because your PERM audit may take one to two years. Of course, you can change your B1/B2 to H1 with one year extension beyond the 6 year limit when the PERM pending is > = one year. Another issue is that it may be difficult for you to get the B1/B2 visa because you may not convince the VO why you need to get the B1/B2 visa."
Thanks 8 teacher, if I leave right now, have one month H1B left, then back in China, if I apply Business visa, will visa officer know my H1B status in the US and have one month left? Do you mean this is the reason they may reject my B visa. Unless I use all my H1B, no any H1B status in US, then they would issue me Business visa?
Another issue, if I choose leave one month H1B unused, and leave now. and I leave my wife in the US, so while I am in China(her H4 is still pending too), my understanding is once I apply B visa and get approved, then her H4 start to get invalid(if her H4 is pending) since when I enter US as B visa OR since when I get approved B visa in China?
if I don't apply visa, just wait the perm/audit result in China, then as long as her H4 is pending, her stay is legal, right?
my lawyer will be back next Mon, I will ask him about it but I don't want to screw it again by trusting him, if I should've asked you back when after first perm was denied, we should get one more year approved. If I cannot get anything from him, I may consult other lawyer. Thanks very much, 8 teacher.