AC21 on EAD v/s H1 Transfer

[ramesur]

EB3/RIR/PD:July 2002
Place of birth: Dubai, U.A.E
Country of Citizenship: INDIA
LABOR Approved: April 2006
I140 RD: May 2006
I140 Approved: Jan 2007
I485 RD = 2/8/07
I485 ND = 2/14/07
RFE on 4/3/07 - Birth Certificate
RFE responded on 6/13/07
I485 - Pending
FingerPrint Done: 3/16/07
EAD/AP approved on 4/23/07
H1B expired on passport since 2005
H1B renewal I-797 extension document approved until 2010

I plan to visit INDIA in August and come back to US on Advance Parole. My question is:

1. Does my H1B valid extension which I've not stamped in my passport become void if I return on AP?
2. Does coming back on AP automatically initiate EAD use?
3. After 180 days, if I switch employers do I take new job on EAD or request new company to file H1B transfer? while AOS is pending. Does new company have to file anything when I join them using AC21 portability?
4. Is it recommended to come back on H1 or AP ?

Note: I was born in Dubai and I485 was applied in Worldwide quota, I went through call-in special registration in 2003 which later was suspended from yearly renewal process. I will go through close of registration during my departure at US PORT when leaving for INDIA.

5. When I come back on AP, do I have to go through special registration due to my place of birth?

 

[TheRealCanadian]

1. Does my H1B valid extension which I've not stamped in my passport become void if I return on AP?
2. Does coming back on AP automatically initiate EAD use?

No, and no. Search for the Cronin Memorandum for more information.

3. After 180 days, if I switch employers do I take new job on EAD or request new company to file H1B transfer? while AOS is pending

You can do either.

4. Is it recommended to come back on H1 or AP?

AP is certainly simpler.

 

[ramesur]

Thank you for your prompt reply TheRealCanadian

So, if H1B I797 document is not void even though I don't have it stamped in my passport and return on AP - My new employer can do a H1 transfer while my I485 is Pending AOS ? Is it a correct statement..

Alternatively, if they don't want to do H1 transfer and I join them on AC21 will I have to use my EAD in which case H1 goes void?

I guess this also applies to H4 not being void as my family too will be coming back using the AP and will not have the new H4 stamped in passports. Old H4 is expired.