Quick Background: My mum's a GC holder, filed for 3 of her kids, priority date Jan 2001. We all filed our 1-485 in 2005 (mine Jan 2, 2006). 2 of my siblings got their green card in April and May 2006 after their GC interviews. I had my interview in July 2006 but immigration officer said visa numbers for my priority date were no longer available but everything looks good. He said once my priority date becomes current again, i'd get my green card in the mail. BUT HE TOOK MY 1-94 (i'm currently on H1B).
My question is, I want to travel out of the country but because the immigration officer took my 1-94, I don't think I can. Am I right? I made an infopass appointment and spoke to an immigration officer who told me i'm no longer on H1B but on 1-485 pending, which is crap because I know I can have an H1B and 1-485 pending at the same time. My issue is if I do apply for Advance Parole and use it, does my status now change to 1-485 pending since i'd be entering the country based off the 1-485 and not the H1B? If so, is there any way I can get back my 1-94 from USCIS? I don't want to change my status to 1-485 pending. Is anyone in a similar situation?
Also, my mum would soon be a US citizen, if this happens, can my preference category change?
My question is, I want to travel out of the country but because the immigration officer took my 1-94, I don't think I can. Am I right? I made an infopass appointment and spoke to an immigration officer who told me i'm no longer on H1B but on 1-485 pending, which is crap because I know I can have an H1B and 1-485 pending at the same time. My issue is if I do apply for Advance Parole and use it, does my status now change to 1-485 pending since i'd be entering the country based off the 1-485 and not the H1B? If so, is there any way I can get back my 1-94 from USCIS? I don't want to change my status to 1-485 pending. Is anyone in a similar situation?
Also, my mum would soon be a US citizen, if this happens, can my preference category change?