Hi 863211 and Pjiang,
Thanks for your help answering my questions yesterday. I still have some questions regarding AP, H1-B and denial of 485. After used AP to enter US and later 485 got denial, although the person's H1-B still valid, it seems that it is unclear whether the person out of status or not. The H-1B extension was approved (submitted after denial of 485 but before the current H1-B expires with same employer) with I-94 card attached to the I-797A. The period between the denial of 485 and the starting date of H-1B extension is less than 180 days.
Now, if the person submit 485 after the starting date of H-1B extension, is there a possibility that officer think he was out of status? can 245k apply to the person enven he entered US with AP (which doesn’t count as admission according to my lawyer).
The safest way is probably to apply H-1B visa from China and re-enter US with the approval H-1B extension after its starting date and then submit 485. However, is there any risk that the H-1B visa got rejected by officer in China? In addition, when fill the 160 form, how to answer the question of "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a visa"?
Thanks in advance for your help.