So confused. Please help me on AP questions, appreciated!

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!!!

所有跟帖： 

• 回複：I am co-asker here and eager to get answer, thanks! -yy777- ♀ (0 bytes) () 02/06/2009 postreply 11:23:08

• 回複：So confused. Please help me on AP questions, appreciated! -pjiang- ♀ (542 bytes) () 02/09/2009 postreply 17:48:14