mylawyer2008-07-20 23:07:11
I have once said that Attorney Zhang may have to change his position on the issue of "the effect of using AP on the H/L status". I remember that in his Chinese Q/A, his position was the same as that of one dominant figures on this forum (being H1>using AP>no H1).

Today, I happened to visit his website again and found an undated article "The Impact of Employment-Based Adjustment of Status Filing on H-1 or L-1 Status" http://www.hooyou.com/L-visa/I-485%20filing%20memo.htm) in which he said,

".... After being paroled in, the alien can still keep his/her H-1 or L-1 status, as the case may be, in the sense that he/she can still apply for an extension of H-1 or L-1 status, provided the alien resumes employment with the same employer for whom he/she had previously been authorized to work as an H-1 or L-1 nonimmigrant......"

The words are somehow vague but this position to some extent contradicts with his English Q/A on the same issue:

"Q: I was a H-1B holder, and used my Advance Parole to reenter the U.S. Do I lose my H-1B status and become in I-485 pending status?

A: If you resume your employment with the same employer for whom you had previously been authorized to work as an H-1 nonimmigrant, and do not use your EAD, you are in parolee status......." (http://www.hooyou.com/advanceparole/faq.html)

Did he change his position?

I also had a very funny conversation with Murthy Law Firm which has a newsletter sharing the WRONG position. To save eveyone's time, I do not want to post the emails between me and the law firm here.

Anyway, I emphasize my position on this issue:

if you were in H1/L1, after using AP, you are still in your H1/L1 status if your previous H/L petition is still valid.