I plan to have a trip to China in June. My future employer is preparing my H1B transfer now.
A). Do I have to be physically present in the U.S. when the H1B I129 is files to USCIS?
-No.
B). I will return in early July with AP and continue to work for my current employer for one or two months. To my understanding, I will in parolee status. If my I129 is files before my departure (and will likely be pending for a few weeks), will my departure lead to abandonment of pending I-129?
-No.
Will AP re-entry affect the pending I-129?
-No. But if the H1 petition is approved and effective before you return to U.S., you can not work for the new employer unless your new employer file the H1 petition again or you go outside US to get an H1 visa to come back.
C). If my I129 is approved before my return (new H1B won't start until August.), will AP re-entry cancel my new H1B?
-Yes if the H1 is effective before you return to U.S. If it is approved before you return, but effective after you return, you do not have a problem to work for the new employer with H1 status.
