This is what I read on Murthy's website:
Chat User : If someone uses advance parole (AP) during the I-485 stage INS may respond with an RFE or transfer the case to a local INS office. INS does not like people at this stage to use AP. Posted February 25, 2003
Attorney Murthy : We have never heard that before. One is legally allowed to enter on the AP or the H1B. If one entered on the AP, then that person is considered to have been paroled into the U.S. and not legally "admitted," which has its own legal consequences. If the I-485 is rejected, for any reason, then the person is no longer in status, but if one entered on the H1B, then one has the backup H1B status. Each status has its own advantages and disadvantages, but INS does not issue an RFE or transfer the case merely by virtue of having traveled on AP.
So if I-485 is denied and one has used AP to enter USA, this person is no longer in status even though the person still has valid H-1 status? Sounds scary.
Chat User : If someone uses advance parole (AP) during the I-485 stage INS may respond with an RFE or transfer the case to a local INS office. INS does not like people at this stage to use AP. Posted February 25, 2003
Attorney Murthy : We have never heard that before. One is legally allowed to enter on the AP or the H1B. If one entered on the AP, then that person is considered to have been paroled into the U.S. and not legally "admitted," which has its own legal consequences. If the I-485 is rejected, for any reason, then the person is no longer in status, but if one entered on the H1B, then one has the backup H1B status. Each status has its own advantages and disadvantages, but INS does not issue an RFE or transfer the case merely by virtue of having traveled on AP.
So if I-485 is denied and one has used AP to enter USA, this person is no longer in status even though the person still has valid H-1 status? Sounds scary.