Applying for EAD with a pending H1b extension application?

[euler123]

Hello

I have a couple of questions about filing for EAD/AP. I am currently on an
H1b but last entered the US on advance parole. I have never applied for
an EAD before.

1) Can I apply for an EAD while I have a pending application to extend my
H1b (beyond the 6th year)? My university applied for an H1b extension in
July, but I would still like an EAD on hand in case something goes wrong.
Will this cause any trouble at USCIS? Do I have to provide any justification
to them (beyond "just to be safe")?

2) Can I apply for a new advance parole, while simultaneously traveling on
an older, but still valid AP? I would of course (1) make sure the new
application was filed before I left the country, and (2) return before the
old AP expires. I have read mixed opinions on this here.

Thanks very much for your help.

 

[ginnu]

Hello

I have a couple of questions about filing for EAD/AP.
I am currently on an
H1b but last entered the US on advance parole.
I have never applied for
an EAD before.

1) Can I apply for an EAD while I have a pending application to extend my
H1b (beyond the 6th year)?
----------------- YES, EAD AP is based on Pending I-485
My university applied for an H1b extension in
July, but I would still like an EAD on hand in case something goes wrong.
------------- apply for EAD
Will this cause any trouble at USCIS?
--no
Do I have to provide any justification
to them
-----------NO, one can be on H1 and can have EAD AP
(beyond "just to be safe")?

2) Can I apply for a new advance parole, while simultaneously traveling on
an older, but still valid AP?
I would of course (1) make sure the new
application was filed before I left the country, and (2) return before the
old AP expires. I have read mixed opinions on this here.
---------------- you CAN apply for new AP while in US and if you want to use new AP that should be approved while you are IN US

Thanks very much for your help.

also visit:
http://uscis.gov/graphics/publicaffairs/newsrels/TravAdvisory3_24_04.pdf
http://uscis.gov/graphics/services/emergency/index.htm#Advanced
http://www.murthy.com/news/n_favint.html

 

[euler123]

Hi Ginnu

Thanks for the prompt reply. It sets my mind at easy about applying for an EAD.

As for my second question, I was intending to use the OLD AP to travel while the
application for a new AP is still pending. My question was whether that was okay or
not. I realize - as you pointed out - that an AP has to be approved before one can
travel on it.

Thanks

 

[ginnu]

Hi Ginnu

Thanks for the prompt reply. It sets my mind at easy about applying for an EAD.

As for my second question, I was intending to use the OLD AP to travel while the
application for a new AP is still pending. My question was whether that was okay or
not. I realize - as you pointed out - that an AP has to be approved before one can
travel on it.
----------------------- an AP has to be filed when you are IN US and need to be approved while in US if you want to use the new AP
Thanks