I have been in this situation before (H-1B, 485 pending, used AP) and I did a thorough research on the topic including consulting a couple of lawyers. What I have discovered is that whether you can still keep H1B status after using AP is one of the grey areas in immigration law, and different lawyers have different interpretations on it. But if you want to play safe, you should assume that you have LOST your H1B status once AP is used. Now that your 140 and 485 are rejected, at least in theory you should leave the country immediately since your stay is illegal. I believe the same applies to H4 too. That is why keeping a non-immigration status (H1B) is crucial especially when your case for GC is not very strong.
回複:used AP but I140andI485 rej
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回複:回複:used AP but I140andI485 rej
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07/01/2005 postreply
09:13:18