AP application and usage, Please help!!!

[softec_gc]

I am on H-1B status (No H1 visa stamp on passport, except my expired B1 visa) and I plan to travel to europe in march. My labor certification for GC is still pending. I have a pending I-485 application as a derivative beneficiary since my wife applied for I-140 and I-485 in 2005. Those applications are still pending even though we have done fingerprinting and we have EAD. I plan to apply for AP by next week. I am not from a regrogressed country.

My questions are :

1. Will I be approved for AP since I'm on H-1 status with pending I-485 application. Information on USCIS I-131 application says if you meet those conditions, you may not qualify for AP

2. If my AP is approved, will I have problems coming back since i only have expired B1 visa stamp. I also have a mark on my passport that indicates I had applied for Visa in canada in 2001 (When I tried to get H1 stamp based on my previous H1 employer). I have since transfered to a another employer in 2002 with valid H1 approval notice.

3. Will I lose my H1 status since I will most likely submit my current I-94 and be given a new I-94 card to fill in the plane. My 6th year H1 validity expires Dec. 2006.

Gurus, please help !!!

 

[merovingian]

Kind of wrong forum for this question

1)Most likely you will get AP approved with no problems.
2)Most likely you will be able to travel with no problems.
3)You will not lose your H1-B status as long as you return to work for the same employer with the same labor conditions.

I know it states that if you have valid H1-B visa (some sites state valid status), you do not need AP. But every one in your situation applies for AP and get it approved. My quess INS does not mind to take application fee and issue AP.
I am almost in the same boat. I have H1-B status (visa in the passport expired). I applied for AP, got it and going to put in for use.
AP is a very handy thing to have in case of emergency. You do not have time to go to embassy or worry about it when things get bad...