A friend of mine is visiting his home country using AP, and learned from USCIS web that his I140 has been denied. The official letter has not been received yet, so the reason for the denial is unknown. He was under H1 extension & his H1 I-797/I-94 are still valid until 02/2010 although his visa expired. But getting visa stamp from home country may take 6+ weeks, subjected to additional backgrnd chk. questions: 1.What are his reenter options & what is the best option? 2.If his employer/lawyer submits an appeal, would it make him eligible to re-enter using AP? 3.Visa application asks if an immigration peitition has been filed for the applicant, and if a decision has been made. What should be the correct answer? say, if he submits the application before receiving the official denial notice?