Old question again: Using AP invalids H1B?

[Mingjing]

I thought I figure this out last year - I believed that using AP to enter US does not have any impact on H1b status, i.e. one can continue to work on valid H1b after using AP to enter. And this does not require doing an H1b extension. However, following live chat script from murthy.com implies once using AP to enter, one has to file H1b extension, otherwise H1b will be invalid and force the person to use EAD?

"Chat User : Can I travel using AP and still keep H1B status upon return to the U.S.? I-140 and I-485 are still pending.

Attorney Murthy : A person is safer to travel and reenter on the H1B to maintain H1B status. However, it is possible to travel abroad and reenter on the AP and then file an H1B extension with the USCIS under the May 2000 Legacy INS memo. "

 

[max2k1]

I thought I figure this out last year - I believed that using AP to enter US does not have any impact on H1b status, i.e. one can continue to work on valid H1b after using AP to enter. And this does not require doing an H1b extension. However, following live chat script from murthy.com implies once using AP to enter, one has to file H1b extension, otherwise H1b will be invalid and force the person to use EAD?

"Chat User : Can I travel using AP and still keep H1B status upon return to the U.S.? I-140 and I-485 are still pending.

Attorney Murthy : A person is safer to travel and reenter on the H1B to maintain H1B status. However, it is possible to travel abroad and reenter on the AP and then file an H1B extension with the USCIS under the May 2000 Legacy INS memo. "

Using AP does NOT invalidate your H1B -- This is per the Cronin Memo - this is the legacy May 2000 memo, btw.

You can enter using AP and you can still work for the H1 employer as a H1 status employee.

This was always the case btw.