First of all, not all lawyers agree that one's H-1b status is still valid after his/her uses AP and I-485 is denied.
I believe that's within a grey area in the law. Saw someone posted USCIS's memo and claimed that using AP didn't invalidate H-1B status, BUT that memo was several years old, are you absolutely sure that there isn't any new memo that override that rule?
And let's assume it's true that using AP doesn't invalidate H-1B status, but are you sure that it won't happen that an IO denies your I-485 because he/she isn't familar with the memo. Yes, you can appeal after that, but you then have to endure all those stress and spend much more money for lawyer and etc. And what IF the IO's decision is correct? Because your information (the memo) is outdated??
So I would prefer to spend $130 for reapplying H-1B visa, rather than worry about this issue for a quite long time. But it's your own decision.
I believe that's within a grey area in the law. Saw someone posted USCIS's memo and claimed that using AP didn't invalidate H-1B status, BUT that memo was several years old, are you absolutely sure that there isn't any new memo that override that rule?
And let's assume it's true that using AP doesn't invalidate H-1B status, but are you sure that it won't happen that an IO denies your I-485 because he/she isn't familar with the memo. Yes, you can appeal after that, but you then have to endure all those stress and spend much more money for lawyer and etc. And what IF the IO's decision is correct? Because your information (the memo) is outdated??
So I would prefer to spend $130 for reapplying H-1B visa, rather than worry about this issue for a quite long time. But it's your own decision.
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