What kind of risks are there if I use AP after I-140 approved while I485 pending

[haoyun04]

I want to travel abroad in this April and my I-140 is approved. I am currently under H1-B status. Not H1-B visa. My current AP is valid till March 25, 2005. I am waiting for the extention/renew AP (not received yet). and I got my renew EAD valid through March 2006.

If my I-140 is approved, do I have any risks if I use EAD and AP, which will abandon the H1 status...Any one heard any risk to be rejected in I-485 application? I have no criminal records. My spouse is currently using EAD (from i485) and has no other non-immigration status. I do not want to make any stupid mistake to cause any out of status situation..

Any one can share?

 

[hathwar]

If my I-140 is approved, do I have any risks if I use EAD and AP, which will abandon the H1 status ----------- You will loose H1-B status only if you use EAD not AP.

If I were you I would wait till the AP is approved before you leave as you dont have a visa stamp.

If you can get an extension on your H1-B then go for it atleast you will be in status.

I see no reason for your I-485 denial as long as the case is straight forward and you were never out of status during your stay in the US.