I filed NIW I-140/485 last year and just submitted RFE. I used my AP already. Currently I plan to use EAD to work, however, I'm afraid my case will get denied. So I plan to file another I485/EAD through my hu*****and who also filed NIW I-140/485 last year and still waiting for review now. I consulted my lawyer and he gave me the following answer:
"filing I-485 requires the applicant to be in valid non-immigrant status. Since you have used AP to travel, you will be most likely in "parolee" status, which is not a valid non-immigrant status. The question is whether or not your adjustment of status (AOS) application falls under INA Section 245(k) under which provision an applicant can still adjust status if he/she was lawfully admitted and has not been out of status for more than 180 days.
TSC has recently clarified its position that an F-1 who files I-140/I-485 and whose such filings get denied is still in F-1 status if it has not expired. However, it is not clear if this interpretation includes F-1 who has used AP to travel, such as in your case. The concern is that if you file a new I-485 based on her hu*****and's I-485, and if this second I-485 gets denied for lack of valid nonimmigrant status, you would have accrued unlawful presence for all the time while the second I-485 is pending, assuming that your own I-485 is denied and your status terminated."
Is this true? my question is I file another I-485 through my hu*****and even he is citizen or apply for green card through EB1/2. I'll definitely get denied due to lack of non-immigrant status?