Returning to US - AP vs H1b (EAD renewal pending)

[satya100]

My H1b visa and current I-94 expires in october 2013. My I-485 is pending. I was issued EAD/AP combo card last year which expires

in May 2013. I have applied for EAD/AP renewal recently.

I need to travel out of the country and will be returning in march.

when i return I have the choice of using H1b or AP.

I know each of the options has consequences. I have the following questions.

1. If i chose to use H1b, i would probably get I-94 again valid till oct 2013.

I could continue to work with H1 status as i am now and i dont have to use EAD until H1 expires.

When the H1b expires, I could use EAD, assuming i receive the new EAD before then.

What would be the process to extend the stay beyond october, once the I-94 expires.

a. Should i go out and re-enter to get a new I-94 ?

Or

b. Do i need to apply for H1 extension again to get new I-94 as well ?

Or

c. Is there another way of extending I-94 alone without H1 extension?

2.If i chose to use AP, i would get a parolee I94.

a. Since my current EAD expires in May 2013, Isn't there a risk of getting I-94 only valid till May 2013 ?

b. Even if get an I-94 for one year, Is my H1b valid for work until oct 2013 ?

c. Do i need to work in EAD after entering in parolee status ? i heard conflicting information on this one regarding status

of H1 ?

d. If i chose to work in EAD, isn't there a risk of not getting renewed EAD before expiration of current EAD?

Please suggest.

[Attorney_11]

Individuals who are pending adjustment of status (I-485 pending) are considered to be in a lawful authorized period of stay based on their valid receipt notice showing a pending I-485 even if their I-94 has expired. They do not need a valid I-94, because I-94s in most cases only evidence lawful status in the US and a lawful authorized period of stay based on an pending adjustment of status is not considered to be a status in the United States. While in an lawful authorized period of stay, an individual must maintain valid work authorization as reflected in an EAD to maintain the ability to work. It is always advisable, being on the safest side, to maintain nonimmigrant status like H-1B until the green card adjustment of status is approved. It would be advisable to seek the counsel of an immigration attorney to determine the best personal course of action.