vawa2022

is there a reason you don't want to just use the AP? 
 
I didn't have h1b but i had an f1. Used it till it expired then moved to AP but I also never mentioned the AP/vawa application to them at the border at all. 

Thanks 🙏 I was unable to post on there. My lawyer is very arrogant, so every time you try to contradict him he gets defensive, he is a good vawa lawyer tho. I need to find a diplomatic way of talking to him. Thank you so much for your responses. 

130 is the same as I-360 and perhaps ur attorney is just not familiar. So ask him/her to consult colleagues and refer to section of law in above link…as diplomatically as you can! Lol

It gets complicated, but here is a source that agrees with the 2nd attorney’s position ( am assuming 2nd attorney does employment immigration as opposed only to family immigration) . You can read “I-130” to mean “I-360”….and of course review ur action and this source w attorney u are paying.
https://www.lsuhsc.edu/administration/academic/ois/travel_while_pr_pending.aspx
 
Pending I-485* 
*May be pending with the I-140 or I-130
Leaving the U.S. once an I-485 has been filed is generally considered an abandonment of the application under 8 CFR §245.2(a)(4) and will result in automatic withdrawal of the pending application UNLESS the applicant(s) are currently in H, K or L status OR Advance Parole has been granted to each traveler.
***See below for more on traveling with Advance Parole.***
If

you should enter on H1b and not use AP. I have personally done that while my I-485 and I-130 were in progress, I do not see how the Vawa would even effect anything here. your first attorney probably lacks experience with H1b and employment based cases.

It could be an RFIE (request for initial evidence).
No way to know what they need until you actually get the letter which will probably arrive until Monday, hopefully earlier.

It would be fingerprint based police clearance.  do not worry about anything.