Hi everyone,
I’m an I-485 AOS Applicant (EB1) and don’t expect my PD to be current for the next few years given ongoing retrogression. This was filed while I was on me L1 visa status and which expired in Oct 2018. For H1B-cap application (consular processing) in 2018, I did not have my I-140 approved and no EAD/AP so my employer filed a H1B to ensure I could continue working for them. I was selected in the lottery but after a lengthy RFE process it was approved in May 2019. The visa expiry is only till end of Nov 2019 and since my L1 expired in Oct 2018 I have been working (and traveling) using my EAD/AP on AOS process.
I’m about to take my visa appointment for getting my H1B stamped and activated (on entering the US on H1B) prior to expiry to stay H1B cap exempt for the future (if for some reason there is an issue with my AOS process, which doesn’t seem likely?). I wanted to understand from the community, if you can share any feedback, whether this can cause any issue to my ongoing AOS process? My employer’s lawyers don’t seem to think so (since H1B is a dual intent visa) but appreciate feedback. It is in my best interest to preserve and continue the AOS process since it grants me immigrant status as well as gives me the right work/travel. The H1B acts primarily as a backup (but is a non-immigrant application).