1. Yes
2. No, your H1B is just technically lost. As long as you are still with the same employer, you can continue to work on H1-B without using EAD. Your H-1B extension won't be denied just because you used AP. You get back to H1B after extension.
3. Not clear if the answer to 2 is enough for this question.
I suggest you getting a H-1B visa before your 140 is approved.
The following is my personal take on the issue.
Though still in controversy, I believe that using AP before 140 is approved is not as risk as some people claim. Though I advise you to come back with H-1B visa before your 140 is approved, I do think that CIS will eventually take the liberal interpretation of their rule: terminating 485 won't affect the work authorization from a H-1b even after using AP. The pressure from employer is enormous.
回複:xiaobaitu,mytwocents: 急事回國-谘詢
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回複:回複:xiaobaitu,mytwocents: 急事回國-谘詢
-mytwocents-
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02/26/2006 postreply
14:26:51
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thanks a lot!
-NIWtired-
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02/26/2006 postreply
15:32:59
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回複:thanks a lot!
-mytwocents-
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02/27/2006 postreply
08:02:28
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thanks again
-NIWtired-
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02/27/2006 postreply
15:42:31