Want to travel with AP - Question about working on EAD/H1 after using AP

[xfitter]

I have AP and EAD valid until Oct 2015, based on pending EB I-485. My H1B petition is valid until June 2016, however my I-94 is valid only until mid-September 2015 due to my Indian passport expiring in Sep 2015. The H1B visa stamped on my passport already expired in Sep 2013.

 

I would like to travel to India in Dec 2014 and return to US in Dec 2014. I will be in India only for five days, so I don't have the time to stamp H1B visa. I would like to use AP to return to US. My question is that if I use AP to enter US, would I have to work on EAD henceforth or would I be able to continue working on my H1 status even though I used AP to enter US? Please let me know. 

 

Thank you.

[xfitter]

I am seeing this link in murthy site, but this is dated 2008. Have things changed? 

 

http://www.murthy.com/2008/03/21/effect-of-travel-while-in-h1b-l-1-status-and-pending-i-485/

 

 

Experts/murthy attorneys, can you please comment?

 

[pontevecchio]

Since you have an EAD in any case there would seem to be no problem . That link still holds good. Why the reluctance to use EAD?

[xfitter]

Thank you, pontevecchio. 

[sampitroda]

I had a follow up on this -

When the parolee applies for h1b extension -

1. Is the parolee cap exempt based on previous petition?

2. Does the new h1b petition has to be counselor processing or can be AOS with new I 94?