Thank PJiang Laoshi,Here is a para i got from Zhang Zherui's website. It looks like the status should be parolee if comes back with AP but may be able to work by using approved h employment authorization.
There is also an exception for the eligibility of change parolee status back to H-1B status if certain conditions are met. If an alien is in H-1B status before the travel and reenters US with advance parole and resumes work for the same H-1B employer, he/she may resume H1-B status by an H-1B extension petition or an H-1B transfer petition. Also, upon return and resume work for the same H-1B employer, though in parolee status, his H-1B employment authorization remain valid for the approved period.
Also, according to the Q3 and 4 of the "AFM Update: Revision of March 14, 2000 Dual Intent Memorandum", it looks like what I state above.:
3. If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the United States via advance parole, the alien is accordingly in parole status. Does this interim rule allow him or her to now apply for an extension of nonimmigrant status?
Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service approves the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.
4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United States via advance parole, the alien is accordingly in parole status. How does the interim rule affect that alien's employment authorization?
A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization... is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H- I or L-1 employer between the date of his or her parole and the date to be specified in the final rule.
There is also an exception for the eligibility of change parolee status back to H-1B status if certain conditions are met. If an alien is in H-1B status before the travel and reenters US with advance parole and resumes work for the same H-1B employer, he/she may resume H1-B status by an H-1B extension petition or an H-1B transfer petition. Also, upon return and resume work for the same H-1B employer, though in parolee status, his H-1B employment authorization remain valid for the approved period.
Also, according to the Q3 and 4 of the "AFM Update: Revision of March 14, 2000 Dual Intent Memorandum", it looks like what I state above.:
3. If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the United States via advance parole, the alien is accordingly in parole status. Does this interim rule allow him or her to now apply for an extension of nonimmigrant status?
Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service approves the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.
4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United States via advance parole, the alien is accordingly in parole status. How does the interim rule affect that alien's employment authorization?
A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization... is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H- I or L-1 employer between the date of his or her parole and the date to be specified in the final rule.
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