Some interpretations

1. AP回來就是AOS。
Yes, you got a AOS stamp on I-94.

2. AP回來到原來公司工作,仍然維持H1。

Yes, you can still use H1 to work for your H1 sponsoring employer. But you are still AOS. Your next H1 extension will revert your status back to non-immigration status and terminate parole status.


According to the Cronin memo, the H1 status is not lost by using AP if one continues to work for the H1 sponsoring employer, and there is no need to use the EAD to work. When the alien reenters the US, he/she enters in parolee status, but continues to use the H1 work authorization to work. The next H1 extension reverts the alien back to official non-immigrant status and ends the parolee status.

Remember, it says here H1 extension but not specifically, H1 transfer. This gives multiple interpretations on that matter that "is H1 transfer equivalent to H1 extension at this specific argument?". My understanding is if you do an H1 transfer after working for a while with the original sponsoring employer, you will need to look at the new I-94 on the approval notice. If you get H1 without I-94 attachment, it's a reminder from CIS that you should go outside and get a stamp, to re-instate your non-immigration status.

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