2 Cents

You should have applied for EAD (I-765) after you came back in June, 2006 by AP. The law states that once you use your AP, you lose your non-immigrant status, like H1. In order to continue working in the U.S. after AP use, you must use EAD to work. This is why USCIS issues the 2nd RFE for the same issue.
But this law has been rendered with another way which is very murky by some other attorneys and adjudicators.
The only thing you can do now is that resubmit the response with your EVL for a clear explanation for this, plus your current H1 with explanation of no change of position and employer.
Hopefully you will be alright.

所有跟帖： 

• Thank you so much! -mingmingxi- ♀ (0 bytes) () 09/18/2007 postreply 08:39:03

• 用AP不会使H1失效吧？ -titati12345- ♀ (0 bytes) () 09/18/2007 postreply 09:11:50

• I thought this way too -mingmingxi- ♀ (0 bytes) () 09/18/2007 postreply 09:16:43