回複：回複：wait a second,

I don't think he had a valid H1B visa when he entered USA, otherwise he didn't have to use AP. However, his H1B didn't expire after he came back.

The status after using AP is not clear or important, you may be in a dual status. As long as you can work for the same employer without EAD, and also transfer your H1B to another employer, what else do you worry?