H-1B VISA and Status again
The H-1 and L-1 in the INS Guidance indicate those who enter the US on H-1 or L-1 visa which is issued by US Embassy or Consulate of the Department of States, and there is a visa stamp on their passport. It doesn’t include those people who change their previous status to these status categories after they enter the US---this change of status is processed by INS Service Center. For those people holding H or L visa to enter the US, they are eligible for travel overseas and still keep their H or L status after returning back to the US as long as their visa is still valid, there is no need for them to bother to use AP for travel. However, for most of us who enter the US on F-1 visa, and then change to H-1B status after we get a job, this is not the case. We lose our H-1B status if we travel overseas, but we can use AP to return the US and still work legally with EAD. Again, the reason why we must use AP for travel even if our H-1B is still in the allowable time is this, we didn’t hold H-1B visa when we first enter the US.