Need help to understand code 212(d)(5) on I-94

misba672

Registered Users (C)
I entered US in January 2008 on advance parole and got code 212 (d)(5) on my I-94 with expiry date January 2009. I have H1B I-797 notice of approval until May 2010. My I-140 got denied based on Ability to pay and my company submitted appeal (I-290) which is still pending and my I-485 (adjustment of status) is also pending. I had EAD but never used it and I am with the same company as of now.
My attorney informed me that code 212 (D)(5)on my arrival I-94 is incorrect she told me that the correct code suppose to be AOS. With the above information what is my current status? Will there be any issue when I submit my H1B extension? I also started new labor and it has been approved will there be any issue with my I-140 when I submit?
 
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