Traveling using advance parole invalidates H1B?

B

bioscientist

Registered Users (C)
Hi

I have H1B status for another almost 3 years, and thinking about filing concurrent I-140 and I-485 and requesting EAD and Advance Parole.

I'm getting conflicting information about whether traveling using Advance Parole invalidates one's H1B status. For example, if my GC application is rejected, do I immediately have to leave the country?

The conventional wisdom seems to be that "yes": entering the country on Advance Parole makes you a "parolee", not H1B, but my employer's international scholars' office thinks otherwise, that I should be able to adjust back into "H1B" without problems, if I don't violate the terms of the status (don't start my own business and continue working only where authorized).

Any insights would be appreciated (besides "go see a lawyer" - I know that I have that option)

Thanks!
 
UPDATE: I found the following on this web site: www dot hooyou dot com /advanceparole/h1bv-ap.html (the system does not allow me to post URLs, sorry)

If an alien is in H-1B status before the travel and reenters US with advance parole and resumes work for the same H-1B employer, he/she may resume H1-B status by an H-1B extension petition or an H-1B transfer petition. Also, upon return and resume work for the same H-1B employer, though in parolee status, his H-1B employment authorization remain valid for the approved period.
Click to expand...

So it seems that the International Scholars' Office was right. I'd appreciate it if anyone pointed me to more reliable sources like where in the actual law this is mentioned.
 
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