Here is my situation. I am on H1B(unstamped) and applied for I-485 in Aug 07. I also applied for AP in Aug 07 because I wanted to travel outside the US in Dec 07. Since I did not get my AP by that time I had to travel without it and immediately applied for H1B stamping at the US embassy. I was told that I needed the "administrative processing" aka background check.
Then all of a sudden the AP was issued in Feb 08(I have no idea why it took so long) and I have finally received it now but I am still waiting for the background check for my H1B stamping(It has been 3 months now). Now my lawyer says that I should withdraw my H1B visa application and instead come to the US using my AP. I read on this forum that you cannot use the AP if you leave the US before it is issued. Is that true? What should I do considering that there is no way of knowing how long the background check for my H1B stamping is going to take(there have been cases of it taking 3 years here)?
Thanks.
Then all of a sudden the AP was issued in Feb 08(I have no idea why it took so long) and I have finally received it now but I am still waiting for the background check for my H1B stamping(It has been 3 months now). Now my lawyer says that I should withdraw my H1B visa application and instead come to the US using my AP. I read on this forum that you cannot use the AP if you leave the US before it is issued. Is that true? What should I do considering that there is no way of knowing how long the background check for my H1B stamping is going to take(there have been cases of it taking 3 years here)?
Thanks.