Q: I am an H-1B holder, and I have already filed an I-485. Do I need to apply for an Advance Parole?
A: No, you need not apply. As an H-1B holder, as long as you maintain a valid H-1B status before you leave the US, you may try to apply for a H-1B visa to reenter the U.S. after your travel abroad. When you come back to work for your H-1B sponsoring employer, you are considered as a parolee status and your I-485 is preserved. However, you do not need EAD to work.
Furthermore you can still apply for an extension of H-1B status or transfer H-1B status to bring you back into H-1B status from a parolee status.
“When you come back to work for your H-1B sponsoring employer, you are considered as a parolee status and your I-485 is preserved.” 即使用H签证回来,也是Parolee?那大家都用AP不就行了,没必要再申请签证了吧。
自己还有个问题,H1B在拿到AP前离美,是不是视为自动放弃AP的申请?还是USCIS还是会批准AP,可以等到下次离美时再用?