You employer can file H1b application for you when you are in US. If you never been out of status here, and didn't use up your 6-year H1b time either, you should have no problems.
If USCIS approve your case, they will mail you the new H1b approval (along with the new I-94). -- BUT to switch back to H1b status, you need to leave US and apply for the H1b visa in a US consulate and then use the new H1b visa to enter US. Then a deny on your 485 doesn't force you to leave.
But, You don't have to worry much about this, USCIS usually won't deny I-485 directly if I-140 is approved. If there are problems, they'll ask for more documents.
Your employer can file H1b application
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回複: after october 1st?
-smooth46-
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03/09/2007 postreply
12:45:40
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your company can file application as early as Apr 1
-stinkingbug-
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03/09/2007 postreply
13:07:28
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Ask again: H1b with I94, no need to go back?
-smooth46-
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03/09/2007 postreply
21:42:19