敬請高手給以權威詳細的解答：H1B在485 pending期間,

憑AP回美，其 legal status 會有什麽變化？是仍為H1B, 還是lose H1B status 而變成 485 pending status，而後可通過extention 或transfer恢複 H1B status ? 問題是，既然H1B已經lose，何來後麵的extention/transfer?

對此，張哲瑞律師事務所的網上有矛盾的說法如下：

Q: I originally was in H-1B status, but I just recently filed for adjustment of status. I also received an Advance Parole when I filed for my adjustment. If I leave the country, will I lose my H-1B status?
A: Not necessarily. However, if you enter the U.S. with your Advance Parole document, you will lose your H-1B status.

Q: I am an H-1B holder, and filed an I-485. After my trip abroad, I used my Advance Parole return to the U.S. I wonder what my current status is.
A: You can continuously work for your current H-1B without using EAD. If so, you are in your H-1B status, and your employer may apply for extension of your H-1B if it is necessary.

The alien is entitled to apply for Advanced Parole as a benefit associated with an adjustment of status application. Once approved, the Advanced Parole allows the alien to travel abroad and reenter the U.S. After being paroled in, the alien can still keep working for his/her H-1 or L-1 sponsoring employer without the need to getting an EAD. The alien is considered as in “parolee status” or “I-485 pending status.” However, he/she can still apply for an extension of H-1 or L-1 status, provided that after the alien came back to the US with Advanced Parole, he/she resumed employment with the same employer for whom he/she had previously been authorized to work for as an H-1 or L-1 nonimmigrant. In this scenario, the approval of that extension would change the alien’s status from parolee or I-485 pending to the H-1 or L-1 status. However, if immediately after being paroled in, the alien changes employer, he/she may no longer have valid H-1 or L-1 nonimmigrant status, even though he/she can still lawfully stay in the U.S. during the I-485 pending period. Thus, if the alien's I-485 application is denied, he/she may not be able to lawfully stay in the U.S. as a nonimmigrant.

On the other hand, an H-1 or L-1 holder who travels out of the United States and returns on advance parole is authorized to continue working for the petitioning H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.

謝謝！

所有跟帖： 

• 在張哲瑞的網上又發現這麽個Q-A， 還是沒有說清楚 -InFlorida- ♂ (657 bytes) () 03/28/2007 postreply 14:04:29

• Why care? as long as your H1b is still valid, you can still -afewgoodman- ♀ (22 bytes) () 03/28/2007 postreply 14:21:39

• 回複：敬請高手給以權威詳細的解答：H1B在485 pending期間, -radiology- ♂ (353 bytes) () 03/28/2007 postreply 14:26:09

• 回複：AOS 和H1狀態區別 -radiology- ♂ (308 bytes) () 03/28/2007 postreply 14:39:06

• Thanks a lot! 還有問題，請指教:在AOS/H1B雙態下， -Inflorida- ♂ (94 bytes) () 03/28/2007 postreply 18:28:16