I did not want to make things more complicated as it is, but the thing about using AP and/or EAD is that you never know. The reason why this thing keeps popping up is that no one, including lawyers, really knows. Often they don't agree among themselves. As my lawyer said once, this is a grey area in law.
I went back to China last year with AP and when I returned, I asked the immigration officer at the Customs what my status would be. He told me explicitly that from now on, my status was AS (adjustment of status), not H1. And the stamp on my I94 was AS.
I know many lawyers said the same things about being able to keep H1 even though you have used AP. You can decide for yourself which is right.
I went back to China last year with AP and when I returned, I asked the immigration officer at the Customs what my status would be. He told me explicitly that from now on, my status was AS (adjustment of status), not H1. And the stamp on my I94 was AS.
I know many lawyers said the same things about being able to keep H1 even though you have used AP. You can decide for yourself which is right.
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