Is 7th year H1B extension after travel using AP a myth ?

[optimistv2006]

I am in the 6th year of my H1B. The H1B visa stamping on my passport
expired in Aug 2004 and I do have an H1B extension that is valid until
Jun 2006. Jun 2006 marks the expiry of my 6 years of H1B.

My I-140 is approved, I-485 is pending and I have a valid EAD. I recently
made an international trip and re-entered USA using AP. On entry I received
a stamping on my AP and also an I-94 with a "Paroled Until" date of Jan 2007.

I asked my attorney to file for my 7th year H1B extension. But my
attorney states the following:
1. Since I entered on AP, I should now be working on my EAD.
2. Since I did not enter on H1B, I am not in H1B status.
3. In order for the attorney to initiate the H1B extension (7th year,
3 year) process, I would be required to leave the country, get an H1B
visa stamp and then re-enter on an H1B status.
4. The attorney also recommends that rather than take the H1B route, we
can continue to renew the EAD and AP each year (until the GC comes
thru').

Could the experts in the forum shed some light on the above. What I am
looking for is:
1. Are statements 1, 2 and 3 made by the attorney valid ?
2. What are the pro's and con's of not being an an H1B and continuing
on EAD/AP renewals?

Much appreciated.

Thanks.

 

[GotPR?]

Could the experts in the forum shed some light on the above. What I am
looking for is:
1. Are statements 1, 2 and 3 made by the attorney valid ?
2. What are the pro's and con's of not being an an H1B and continuing
on EAD/AP renewals?
.

Neither of 1, 2 nor 3 is correct.
Please read
http://www.shusterman.com/cronin51600.html

Pros & Cons for H1 and EAD/AP.

When H1 extension is pending, you can work even though H1 is expired, but you can not work if EAD expires and new EAD is pending(unless you get iEAD).
H1 can bring their family with H4, but AOS pending status does not.
H1 is tied to sponsor employer, but EAD does not have such a tie.