Assume that you already

filed your 485. Because there is no visa number on EB3 for September, INS may reject (return) ur application without cashing your check. In this case, your 485 is not filed. And you pay nothing. Unfortunately, in many cases, INS mailroom people does not check ur PD. They take your case and give a receipt. In this situation, your application is accepted. And you are able to apply EAD,AP. However, one day, a few years later, INS officer starts to review your case. The PD problem will be immediately caught and your application will be outright denied at that moment. Further more, if you ever use that EAD or AP, they may consider that period as violation of your H1 status (assume you have H-1 all the time). So even your application is accepted, you better withdraw it.

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• continue on your question -familydate- ♀ (288 bytes) () 09/22/2005 postreply 13:43:11