Dear Pjiang and 863211 老师:
I work at a university with OPT-based EAD (F1 visa). A few months ago I submitted 140 and 485 (EB1A) concurrently, but both are still pending. I did not apply for 485-based EAD, but have applied for and received 485-based AP. Due to some emergency at home, I have to travel to China very soon. I have the following questions regarding my re-entry:
1. If both 140 and 485 get approved and the green card is delivered while I am in China, do I have to re-enter the US using the green card, or may I still use the AP?
2. If I-140 gets declined while I am in China, I definitely cannot re-enter US, is that right?
3. If 140 or 485 is still pending while I am in China, I should use the AP to enter the US. But as soon as the AP is used, my F1-based EAD will become invalid immediately; this means that I can return to the US, but I should not work before I receive the green card, is that correct?
4. Do I need to show the customs my AP when I depart US? If so, is it going to void my F1-based EAD immediately? (this may mean that I am not supposed to get paid during my time in China)
5. As a backup, can I apply for H1 before I leave for China? If I get H1 before I re-enter the US, should I use AP, or should I use H1 to en-enter? Will the H1 application void the AP I currently have, and will the H1 application negatively affect the pending 140/485?
I know I am in a very confusing situation. Thanks a lot for your advice!