Just got told that H1B is not possible due to my AP
So early last year I got my AP and EAD from my EB5 application. I was on my F1 and ended up traveling and reentered on my AP, my SEVIS record was subsequently terminated. I was hoping to still try for the H1B as my I526E goes along to have a decent backup in case something goes wrong.
Just got selected for the H1B this year and when sending over my docs to my company lawyer I was told that they could not move ahead with my application as it would come under Consular Processing and not COS since I do not have a valid underlying non immigrant visa, thus 100k fee would apply. Really frustrated and scared about not having a viable backup and really kicking myself for traveling last year even though I had no way of knowing the 100k thing.
Is there really nothing I can do?