I have filed EB3 and my I-140 was approved. Also I had filed I-485 in July2007.
My wife have filed EB2 and her I-140 was also approved. But she did not caught up with the lucky July (2007). She still waiting for the priority date to file her I-485. Her priority date is Feb2008. Now she is still in her H1B.
I and my wife both had applied AP four months ago and received approved AP. My wife plan to go back to China this summer.
Could she not apply H1B again in China?
-Not true. She still can apply for the H1 visa to come back without affecting her I-485.
Could she use the approved AP?
-Yes, of course. If she uses AP, her status will be parolee for one year and then, becomes AOS. After she uses AP, she still can work for her current employer without using EAD and then, she can extend or transfer her h1 before her current h1 status expires and after her h1 extension or transfer is approved, her status will be H1 again.
What is the consequence of her status if she use the AP.
