Urgent Question: Gurus pls help

[mygcwaiter100]

I will be going to India in Nov to get my H1 visa stamped. My AP is expired and 485 ND is 07/15/2002

1) lets say If I go to India and in the mean time my case got approved . Would i have any problem getting back into US.

2) If the case gets approved before my H1 gets stamped will I have any problem getting the visa?

3) If I have an emergency AP would that confict with my H1 visa stamp? (Having kinda two visas)

Thanks a bunch....

 

[gracious]

You do not need an AP if you are on H1-B status.

The immigration FAQ on immigration.gov website clearly says that you do not need an AP to travel if you are on H1 visa status.
Incase your AOS gets approved while you are out of country, I do not see an issue in entering on your valid H1-B status.

Ideally, you shoud not have an issue in H1B stamping because of AOS, as long as you have maintained valid H1-B status throughout.

Having an AP with H1 would not be a problem. You can choose either to enter.