Hey UIGC,
Here is the information (copy-pasted) from one of INS Memos, see if it helps. Otherwise let me know so that I can dig it up further and try to answer you. Okaay?
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On May 16, 2000 the INS provided further clarification on how they were going to view the interim rule and provided several points.
- For purposes of approval of the I-485, those who are on the H-1 or L-1 status are required to prove their intent to work for the petitioning employer in their employment-based adjustment of status case, even though they can obtain the non-restrictive work authorization (EAD).
- If an H-1 or L-1 holder decides to file for and obtain the EAD but keeps working for the same company, he/she is still in valid H-1 or L-1 status and able to extend the H-1 or L-1 as needed (up to the maximum allowable time on that status). The mere fact of obtaining the EAD does not affect one's status; only if the person uses the EAD to take on another job, would he/she no longer be considered to be maintaining H or L status.
- If a person obtained an EAD and then went to work for another company while waiting for the completion of her/his adjustment case, that action would effectively terminate the H-1 or L-1 status of the beneficiary and she/he would have to file for advance parole to travel. The H-1 or L-1 holder would not be able to renew the H-1 or L-1 status in this situation.
- An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)
- An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.
- If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.
- An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
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UIGC said:
Thank you very much GP.
If I use AP, can I still work on H1 or will I be automatically ported to EAD? Can you pleae explain, how this works.
Regards and Thanks in advance,
-UIGC
