information about going back to China with H1

L

lkong

Registered Users (C)
My friend holds H1 and with both I140 and I485 pending. He plans to visit China in a month. As far as we understand you need to reapply H1 when you come back for chinese. Is it true that you will lose your I140 pending status when you reapply H1? Any information is greatly appreciated.

Thanks
 
He needs to reapply for H1 only the Old one expired. Most or people will also revalidate the H1 if they have switched the Jobs after last stamping.

Apply for H1 will not result in loosing I-485. But if you apply F1 or B1 it may invalidate your I-485, as you will show the non -immigrant intension in that kind visa.

In DS-156 he needs write he is intending to immigrate and employer's name.
 
Thanks for your infor. As far as we know, the H1 visa given to indian is different from that to chinese. The H1 to chinese only valid for 3 months. only in these 3 months you may use it without reapplying. After that period you can hold the visa in the States but need to reapply every time you reenter the US. Thanks again.
 
As I know, Chinese with H-1 visa often get 6 months multiple entries, meaning you have to apply H-1 again after 6 months when being out of US. The people from other countries may get multiple entries for 5 years when they get H-1 visa. If you switched to H-1 from F-1 or other non-immigration visa status, meaning you are H-1 status rather than H-1 visa, it would be a different story. Yes, you have to apply H-1 or other visa to enter the country. For more detail, you should ask your lawyer.
 
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