if we use AP to re-enter, H1 is no longer valid
I think, if one uses AP to re-enter into the US, then the underlying H1-B is automatically forfieted. So, the person cannot work on H1-B once after he/she enters into the US using AP.
Please see excerpts from usvisanews.com....
6. I am an H-1B holder. My H-1B was processed here and I don't have a visa stamp on my passport. I went to Mexico a year ago to get a visa stamp but was not able to get one. The U.S. Consular Officer told me that he could verify my information, and thus I would have to go back to my home country to have it stamped. I didn't go back, and I decided to continue working and process my green card through employment sponsorship. Now my I-140 is approved and my I-485 is pending. I have also been issued advance parole, but my application for employment authorization is still pending. At the present time, is there a risk involved if I travel back to my home country using advance parole? Would the previous denial of a visa stamp (in Mexico) have a negative effect on my admission to the U.S.? What would be the effect of the fact that my EAD application is still pending?
A: There is no such thing as risk-free travel, however advance parole used during the pendency of your I-485 is one of the means involving the least risk. If the denial of the visa stamp in Mexico was merely based on a lack of adequate resources/information, it should not affect your re-entry. However, if the officer had any other reasons for the denial (e.g. suspected misrepresentation), then it could. The fact that your EAD application is still pending does not affect your ability to travel and re- enter, however using advance parole to travel DOES mean that you would need the EAD in order to work after re- entering. (In other words, you could no longer work based on your prior H-1B status.) If your EAD has been pending at least 90 days, you should be eligible for an interim EAD from your local INS office which would permit you to work after your travel if the I-765 remained pending at that time.
Also note that a person should not travel using advanced parole if they have spent more than 180 days illegally in the United States. Whether you should use that Advanced Parole or not depends on what happened after you re- entered the U.S. If you re-entered using your unexpired I-94 card as an H-1B, you do not have a problem. If you did not enter using your unexpired I-94 card as an H-1B, there are some issues that you may want to discuss with your attorney before traveling abroad with that Advanced Parole.