回复：H1B visa stamp and AP

上个h1b今年5月31号到期，5月中旬单位递交H1B extension。

8月20号回国。

9月20号从洛杉矶用AP/EAD combo card入境。I94的标注是parole。

9月21号收到律师Email通知h1b extension批准了，同时给了批准件的扫描件。看到notice date是9月10号。该批件上并没有有效的I94。所以律师要求“ In order to obtain your new I-94 Departure Record, which you will need in order to depart the U.S., please see ××× in AAAA Office of Human Resources”。接着问了用AP对H1B的影响，律师这样回答，“As long as you remain employed by ××× and do not use your EAD for work authorization, you should be able to obtain an H-1B visa stamp the next time you are abroad. The fact that you entered the U.S. on advance parole last week does not invalidate the H-1B visa status you have with ××× and the rights afforded to you by virtue of that status.”。

现在我的问题是，是不是必须的去境外弄个H1B 的stamp？我已经进入美国，虽然用的是AP；将来仍然可以用AP进入美国（虽然短期内并没有外出的计划）。

-As far as I understand, your H1 is invalid and the reason is as follows:

you left US after your old H1 expired and the H1 extension petition was pending and that means you had no H1 status when you left US. Then, your H1 extension was approved before you entered US using AP. Thus, when the H1 extension was approved, you did not have an H1 status either because you were in China at that time. Therefore, you can not use the H1 benefit to work after you entered US using AP.

If your H1 extension were approved after you enetered US using AP, you would have worked using the H1 benefits without using EAD.

So, you need to have an valid EAD at hand to work even if the employer does not require you to show them the EAD. So, for your safety, you had better renew your EAD in advance up to 120 days before your current EAD expires.

If you want to reinstate yoru H1, your just go to China to get the H1 visa to come back in the future.