revert to H-1B after AP used

[justinthis]

Hi Gyrus,
I already used AP couple of times. When I ask to get
my EAD renewed, my company lawyer told me I do not
have to. I can use my exsisting H-1B. Here is his
reply:
"It may seem counter-intuitive, but INS has issued
memos stating that a person can revert to existing
H-1B status, even after using AP to enter the US."

I don't believe his story. When I ask if I need to
file something with INS to revert to H-1B, he told me
no, nothing. It makes me so confused.
Anybody heard this INS memo can give your input?
EB2
PD 9/00
ND 12/01
Waiting for FP notice in DFW aREA

 

[bajis]

Submit a new I9 (Work Authorization) form with your company's HR. I9 requires 3 forms of work authorization. Show your H1B visa as 1 of them. You do not have to submit anything with INS.

 

[justinthis]

But all I heard before...

is, if one used AP to reenter, then one is no longer in H-1B and you need EAD to work. Without renewal of EAD, one would not be allowed (I mean, by INS) to work after current EAD expires.

Never heard the new INS memo any place.

 

[bajis]

http://www.murthy.com/UDnewins.html

"An H-1 or L-1 holder who has ENTERED the U.S. with an Advance Parole document may DEPART and return as an H-1 or L-1 holder if that status has not expired."