Do I need an EAD?

[fantomX]

Here is my situation:

Priority date is 9/6/2002, the LC was certified in June 2007. Filed 1-485, and I-140, EAD and AP on 8/17/07. EAD approved in 11/2007 and AP approved in 2/2008. I-140 and I-485 still pending. No Valid H1 stamp in the passport. Got my H1 (tenth extension - till 7/2009) just before traveling on AP in May 2008. I used AP when returned to the US. My passport doesn't have the H1-B I-94.

My question is what is my status now for employment? Can I keep working on the approved H1 petition, although I do not have H1-B I-94? I am not using the EAD. My previous H1-B I-94 expired 7/14/2008, but I have a new one before my last return to the US, which is valid until 7/14/2009.

Do I need to use EAD? Will I get any more H1 extensions, if I used AP to enter the US?

Thanks.

[ginnu]

Originally Posted by fantomX

Here is my situation:

Priority date is 9/6/2002, the LC was certified in June 2007. Filed 1-485, and I-140, EAD and AP on 8/17/07. EAD approved in 11/2007 and AP approved in 2/2008. I-140 and I-485 still pending. No Valid H1 stamp in the passport. Got my H1 (tenth extension - till 7/2009) just before traveling on AP in May 2008. I used AP when returned to the US. My passport doesn't have the H1-B I-94.

My question is what is my status now for employment?

Can I keep working on the approved H1 petition, although I do not have H1-B I-94? I am not using the EAD. My previous H1-B I-94 expired 7/14/2008, but I have a new one before my last return to the US, which is valid until 7/14/2009.

Do I need to use EAD? Will I get any more H1 extensions, if I used AP to enter the US?

Thanks.

Read Below Links
H1, AP

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

http://www.murthy.com/chatlogs/chat0816.html
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.
**from Murthy Law office

[fantomX]

Greatly appreciate it.

I think I will be fine. I am working for the same employer and have been extending the H1 status all along. Also, I haven't used the EAD. It expires 11/2008, so I will be extending it soon.