MY NIW I140 and 485 pending. IS there any risk if I use AP coming back to USA from China?
The risk should be very low. If unfortunately your I140 was denied, you could come back US using AP within 3 weeks from the denial.
I learned if AP was used and my current H1B expires, I have to go back to China for H1B application. Is that true?
You are wrong. You H1B is still valid after AP use if you work for the same employer. So you do not need to go back to China for another H1B application. You do not need to do nothing.
Is it the same situation for use of EAD card?
If your 140 is pending now, you'd better use H1B visa other than EAD.
Thank you a lot!
You are more than welcome!
The risk should be very low. If unfortunately your I140 was denied, you could come back US using AP within 3 weeks from the denial.
I learned if AP was used and my current H1B expires, I have to go back to China for H1B application. Is that true?
You are wrong. You H1B is still valid after AP use if you work for the same employer. So you do not need to go back to China for another H1B application. You do not need to do nothing.
Is it the same situation for use of EAD card?
If your 140 is pending now, you'd better use H1B visa other than EAD.
Thank you a lot!
You are more than welcome!
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