如果是的 话， 新H1B 批准要到10月份， 如果公司4，5月就要求他回中国上班， 那他以什么身份呢？
我和孩子都会留在美国， 我们2人的 身份都是跟他的。
-Then, both of your status will be a problem because your spouse does not work in US. After he leaves current employer and go to China to work for another company, his H-1 status is invalid, thus you and you child H-4 status is also invalid. All of you need to go to China, and then he can apply for the H-1 visa and you and you child apply for the H4 visa to come back on October or ;ater if he can get the H-1 approval with the H-1 quote.
If he can not get the H-1 quote (new H-1 denial), all of you will have trouble to come back.
谢谢。希望能帮忙！
