My current status is H1B, 140 approved, 485 pending, EAD is valid but never used. I want to use my AP to go back China for couple weeks next month, but I am so confused about my status after reenter the U.S. with AP. I checked with my company's lawyer, here is what he said:
"We generally recommend re-entering the U.S. on an H-1B visa (even if you have Advance Parole) to maintain one's H-1B status. If you travel abroad and re-enter the U.S. on the Advance Parole document you will no longer be in H-1B status and the sole basis for your work authorization will be an EAD. So it is best to obtain a new H-1B visa, re-enter the U.S. in H-1B status and continue to maintain your nonimmigrant status until the I-485 adjustment application is approved."
I went over the old posts and blogs regarding AP and H1B, wich seem to be different from what my lawyer said. So I feel very confused. My question is, what status will I be if I don't get a H1B visa in China before I come back? Can I still extend my H1B next year before it expires if I use AP reenter the U.S. this time? Is there any official document explaining the relation betweek AP and H1B clearly?
Any replies from you are welcomed and highly appreciated. Thanks!!!