Can I have EAD and H1B (from same employer) at the same time?

I

i_want_gc_fast

Registered Users (C)
We applied for my H1 extension in last month. This is my 9th Yr extension! I got my labor approved in last month and now we are going to file for I-140 and I-485. I also want to apply for EAD and Advance parole at the same time. Questions:
1. Is it true that once my EAD is approved I will loose my H1 status even if I don't use my EAD? I was under the impression that my H1 status will be lost once I use the EAD. My attorney is saying that I will loose my H1 status once my EAD is approved. I don't want to use my EAD until my I-140 is approved. This way I will have some status to fall back on if I-140 has any problems.
2. Can I apply for Advance Parole without applying for EAD?
3. Can I use my Advance Parole to enter US even if I have an H1B from the same employer?

Thank you in advance.
 
i_want_gc_fast said:
We applied for my H1 extension in last month. This is my 9th Yr extension! I got my labor approved in last month and now we are going to file for I-140 and I-485. I also want to apply for EAD and Advance parole at the same time. Questions:
1. Is it true that once my EAD is approved I will loose my H1 status even if I don't use my EAD? I was under the impression that my H1 status will be lost once I use the EAD. My attorney is saying that I will loose my H1 status once my EAD is approved. I don't want to use my EAD until my I-140 is approved. This way I will have some status to fall back on if I-140 has any problems.
2. Can I apply for Advance Parole without applying for EAD?
3. Can I use my Advance Parole to enter US even if I have an H1B from the same employer?

Thank you in advance.
Click to expand...
~I was under the impression that my H1 status will be lost once I use the EAD
-Correct.
~My attorney is saying that I will loose my H1 status once my EAD is approved.
-Wrong.
~Can I apply for Advance Parole without applying for EAD?
-Yes
~Can I use my Advance Parole to enter US even if I have an H1B from the same employer?
-Yes
 
~Can I use my Advance Parole to enter US even if I have an H1B from the same employer?
-Yes

Will I lose my H1B status if I use AP to enter US?
 
Last edited by a moderator:
You can use the AP to enter but remember being in non immigrant status is much better than parolee. Talk to someone more experienced regarding this.
 
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