Can you remain in H1 after using AP for re-entry ??

[ND022202]

ND022202 - I would be interested in getting details - yours seems to be the only one that says it can't be done.

<...>
Am confused -- on the one hand, the officer will have to stamp your AP -
On the other, would he write "H1B" in the I94 stamp ???

max, visa is the document to enter the country. After you entered, your main document is I-94 despite its shabby look . Of course, after entering as parolee, you may not say a word to your HR, and you will remain on H1B.
There is no problem with HR, the problem may pop up during adjudication or interview (God forbid!), when INS may wish to thoroughly follow your status every day since you entered the country. If you have valid EAD on hand, you're safe, it covers you whatever status you have in HR. But if you don't have EAD, get it.

 

[bslater]

There you go. That is the full Q & A in the cronin memo. You can read the whole memo here: http://www.shusterman.com/cronin51600.html

I am sorry but I still don't see the point you are driving at. Clearly, the memo states that they are awaiting the final rule. Clearly, the memo states that if you enter on AP, your H1 status is NOT lost.

Clearly it does NOT say this. The Cronin memo states that the employmnet authorization is not lost. But after entering on AP, you are in parolee status unless H-1 is re-established by re-entering with a valid stamp, or by applying for and being approved for an H-1B extension, as per Cronin memo, at which time, parolee status is lost.

Why am I making this point? Because one reason to maintain H-1B status after applying for adjustment (rather than terminating dual-intent status by working on an EAD), is that the H-1B remains valid (i.e. for remaining in the US) until its expiry date regardless of adjudication of the I-485. Your status in the US is governed by what is on your most recent I-94, either the one you last entered on, or the one you get when you successfully extend an H-1B. I hope you now get the point I am making.


And to boot, my lawyer, seems to think that it is perfectly fine for me to be working on H1 while entering the country multiple times on AP.

 

[neeru]

This was a popular question ever since in 1999, they started allowing H1 folks to move in and out without AP. Rajiv answered this on this board around an year back. If you wanto dig...

Basically, bslater is right. Your status is parolee, your work permit is H1; If you want to reclaim H1 status, leave and re-enter on H1.

However if you work on EAD, you cant reclaim your H1 status.