Hi!
I am right now 485 pending (marriage based). I have a prospective employer who does not want to wait for my EAD and instead wants me to do H1B consular processing (I was on H1B for 1 year until this Feb when I was laid off). I probably would have to do this early December and I will NOT have an AP by then (I just filed for AP so I don't think I can get it approved until 2011 Feb).
My question is - How would my GC application be affected by this H1B consular processing?
1) If the stamping IS successful and I come back with the H1B, how would this "leaving US without AP while 485 pending" affect my GC application? Would it be considered as abandoned?
2) If the stamping is NOT successful, what should I do to get back to US? Should I reapply for Green Card?
Thanks!