I got my AP and EAD approved recently. I work for the university. But the university lawyer says if I use AP I have to activate my EAD for my job, therefore my H-1 status will be invalid once EAD is activated. But I heard from many of my friends that I don't have to activate my EAD if I use AP. Does anybody know the document that explains it?
AP and EAD question, help!!!!!!!!!
- Thread starter shala
- Start date
Murthy.com
March 28, 2005
Does one lose H-1 status if s/he used advance parole for returning to the USA?
Attorney Murthy : A person is allowed to use AP to reenter the U.S. and is also allowed to file an H1B extension soon after reentering on AP, and then revert to H1B status. Review the March and May 2000 Legacy INS Memos, which we have written about on our website and posted summaries of those articles.
You don't need to activate the EAD to continue working.
March 28, 2005
Does one lose H-1 status if s/he used advance parole for returning to the USA?
Attorney Murthy : A person is allowed to use AP to reenter the U.S. and is also allowed to file an H1B extension soon after reentering on AP, and then revert to H1B status. Review the March and May 2000 Legacy INS Memos, which we have written about on our website and posted summaries of those articles.
You don't need to activate the EAD to continue working.
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needAgcNOW
Registered Users (C)
You better listen to your University lawyer. If your I-94 is not H1, you have to activate EAD
Your university lawyer does not sound very smart 
Have him/her read the Cronin Memo
Your H status is not impacted in any way when you use AP for re-entry -- you do NOT have to use EAD to work -- you can continue to work on H1 if you so wish.
Have him/her read the Cronin Memo
Your H status is not impacted in any way when you use AP for re-entry -- you do NOT have to use EAD to work -- you can continue to work on H1 if you so wish.