Applying for H1 visa stamp in Canada while possessing AP?

nysb

Registered Users (C)
Hi,

I am planning to go to Canada to get my H1 visa stamp, I currently have AP approved. My question is if unfortunately, they decide to check my background, will I be able to come back to US with AP? Lawyers usually suggest that AP holders can go back to home country, and then apply for H-1 at home country, and in the worst case, using AP to come back to US, but I am confused whether that worst case means "denied" or "checked". If the application is checked, do I get my passport back? Thanks a lot.
 
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