status clarification

[uscis2k]

Hi,

I am confused about the AOS process and need your input.Here is my situation:

'I entered USA on H1B in 2009 and continued on H1B(approved 140 PD:Dec 2010,current H1B valid till 2021).Late 2017 i obtained EAD-c(35) compelling circumstance category.It is my understanding that I am no longer on H1B and on EAD instead. I've not applied for AP'

Here are my questions:

1.If i go out of the country and obtain H1B visa stamp and re-enter,what happens to the EAD-can i still use it or not?Is my new status H1B?Can i apply for AOS when the PD becomes current?

2.Upon my PD becoming current,will i be able to file for AOS or must go for CP?

3.Lastly,if i continue on EAD(assuming  USCIS extends it) and when the PD becomes current,my only choice is to go for CP. Do i have to out of USA for the entirety of the CP or just need to be at the consulate for the interview?

Appreciate your inputs in advance!! 

[pontevecchio]

This may help

 

https://www.murthy.com/2016/01/08/i-140-ead-proposal-is-limited-and-restrictive/

Did you apply through a lawyer?

[uscis2k]

Thank you @pontevecchio,that post definately answered #2 above.

I should have corrected my question #2 as "Upon my PD becoming current,will i be able to file for AOS or must go for CP if i re-enter on H1B stamp".

I did not file through a lawyer.

[uscis2k]

In case someone needs more reference...i found this url helpful

https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled