Activate EAD? Yes or No and How

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sedcat66

Registered Users (C)
I just re-entered the country using Advance Parole. I have my H1 status(not visa) till April 2001. Is it necessary to activate my EAD card(Got it last year) to work in the same company? If so how do I do that.
Thanks
 
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Ask for I9 form from the employer and fill it. Once you entered the country in Advance parol you need to use EAD to work.
 
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i have similar situation. do you have hard time when you re-enter through the border? what question the border officer asked you? thanks.
 
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No. you don\'t need EAD. your H1 status is still valid if you work in the same company.
 I have exactly same situation as you and I asked lawyer.
 
 look web site: www.immigraion-law.com under AP+EAD+H1B subject
 
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wrong...if your H1 status has not expired you can continue to use H1 instead of EAD.Also you don\'t need parole to enter US.
 
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Why didn\'t you take into consideration that he already used AP to re-enter. According to my understanding of the rules, using an AP to travel outside the country voids the H1 status. Now even though he/she has valid H1 stamp in hand, it is not valid since he/she used AP. Am I right ? Anybody ?
 
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To My knowledge even if you use AP your H1 status still remains in place and dosen\'t void it. I am pretty sure coz know somebody who has used AP to enter but is still using his H1 since he dosen\'t have a EAD and still has 18 month left on second H1.
 
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I have just spoken to my lawyer in this matter and he says H1 is still valid if it has not expired.You can continue to work on H1.
 
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sedcat66,

Could you post your experience at port of entry please ?
Like which documents they(INS) have asked you to show etc..
I am in the same situation going on AP without EAD my lawyer says it is fine as long as I have valid H1B1 approval. Appreciate your response.
 
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Don\'t believe this DesiAmerican. He always post about somebody\'s case.

H1 is valid as long as you don\'t use your EAD/AP. What is in your I-94? If it is in parole status. You may have to change your status with INS.

You better consult with your lawyer.
 
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Hi Many of you have posted to some extent I think right answers. But let me share my understanding.
1. If u use AP and have valid H1B petition(not visa) your I-94 says parole, which means you are in parole status. To reinstante H1B status I think you may have to apply for change of status with INS. Not sure can someone through somelight on this.
 
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i140, What is in your I-94? Did you ever used EAD and/or AP?

You can be on H1 status as long as you don\'t use EAD/AP. Even you can extend H1 if it is expired (after getting EAD). That\'s what I did.

BTW, Check I94. You can find your status.
 
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