My I-485 was filed on October 2, 2002 with I-140 under category of EB2-NIW in Texas Service Center. My I-140 was approved on April 30, 2003. But I-485 is still pending. I am working with H-1B status.
I went to San Diego on January 14 for a meeting and crossed Mexican boarder without H-1 visa. When I tried to come back to US, the officer at the port refused my entry. She said my H-1B had expired once I applied for I-485. Since I did not apply for AP, I can not come back to US unless Texas Service Center gave me a parole. Once they do that, I will be able to go back to US with this parole, but my I-485 would be abandoned. I believed someone contacted Texas Center and someone from TSC called her to verify my status. TSC told her they do not process parole case anymore. Finally my attorney called the officer and convinced her that my H-1B still valid. Then she let me passed the border but without stamp on my I-94 card.
I worried a lot about my I-485 case. Although I was back to US with H-1B, which allows me travel to Mexico or Canada in 30 days. I am afraid my I-485 been abandoned because of that stupid officer’s mistake. I check my I-485 case status online everyday; it is still the same as before (pending). But I heard that the case status online change slower than the actions from INS. I am not sure what should I do now. Should I write a letter to Texas Service Center to clarify my case? Even if it is not abandoned, is that possible my I-485 been delayed because of this messy situation? If my I-485 been abandoned, can I appeal for my case? Or Can I reapply I-485 based on my approved I-140? That will be worst situation, since I have been waiting for my I-485 for more than 14 months.
Anyone have good suggestions? Thanks.