I am told there is a memorandum, not a regulation, where USCIS states that if you travel on Advance Parole you will still be in H-1B status when you return, as long as you have a valid H-1B.
I have H-1B extended through Sept, 2015 (6 years expired Sept 2012), and Advance Parole as I am in Adjustment of Status. I dont have a valid H-1B visa stamp in the passport anymore.
If I travel and return to the US without a new visa stamp, and enter on A/P, will I be abandoning my H-1B and would have to work on EAD, or can I resume my H-1B status and continue to work (for the same employer)? I am told that because of the aforementioned memo, I will enter under A/P in H-1B status - but I cannot find the memorandum to read the language myself.Can someone provide a reference to the memorandum?Thanks!Here is actually the most important implication of my question: It looks like with a valid Advance Parole I would enter as parolee, but retain the benefits of H-1B (working for the same employer for the duration of previously extended H-1B status). But being a parolee, if AOS is then denied, I am no longer in any status (since this would be my 7th year on H-1B) and have to leave immediately. Is this understanding accurate? That is the most important implication for me - and one where my personal attorney contradicts my employer's attorney.