If I-140 is given RFE, will AP still work?

[vivace]

My ND for my I-140 is September 27, 2003.
My ND for my I-485, AP and EAD are all April 26, 2004.
I also have OPT (student work permit) status, which expires on September 30, 2004.
If I get my AP in time, I plan to go back to my home country for the end of Summer.
I know that I risk having my I-140 rejected while I am out of the USA.
If that happens, I am pretty sure my AP will not let me come back to the USA.

My question is: If my I-140 is given RFE, will the AP let me come back to the USA?

 

[Al-Rav]

vivace,

NSC is rejecting lot of cases, without sending an RFE. Be careful.

RFE should not effect you AP, but if I-140 is denied you will get a letter saying that your I-485 is denied as well. In that case your AP and EAD should be NULL and VOID as well.

I would recommend getting on H1 or some other status. This is a big risk you might be taking.

 

[vivace]

Thank you for your advice.

1)I wonder, in general what is the percent chance to get denied for I-140?

2)Why is it getting SO slow to process the cases?

3)Many people say I-140 will be approved with I-485. Is it true? Please give me more advice.