does AP and EAD go together ?

M

microdev1

Registered Users (C)
Hi ,
My I-485 RD is 25th March.
AP was approved on 13th May.
Since then status date has been updated thrice on my AP application.
Latest update is 18th May, i.e today but message hasn't changed.
But EAD is still not approved, neither has been any date updates.

I was in the notion that EAD and AP go togther. After all, what's the point of AP if you don't have EAD.

Is this very common to have AP approved without EAD being approved for a longer duration ?
 
AFAIR, different divisions deal with EADs and APs, so uneven processing dates is common.

microdev1 said:
After all, what's the point of AP if you don't have EAD.
Click to expand...
There's a very good point to it, indeed. You don't have to have an EAD in order to travel on AP. Under certain circumstances, you can use AP for travel and still retain the original H-1B visa (not status) as employment authorization instead of switching to EAD.
 
BitterMan said:
AFAIR, different divisions deal with EADs and APs, so uneven processing dates is common.


There's a very good point to it, indeed. You don't have to have an EAD in order to travel on AP. Under certain circumstances, you can use AP for travel and still retain the original H-1B visa (not status) as employment authorization instead of switching to EAD.
Click to expand...

BitterMan:

Can you elaborate on these circumstances ? ( or atleast point me to the source URL ?)
I asked a similar question before and I was told that if I used AP for travel, I would have to start using EAD and could not stay on H1.
Details would help.

Thanks a lot !
 
INS Memo on H and L Visa Holders Traveling on Advance Parole

4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United States via advance parole, the alien is accordingly in parole status. How does the interim rule affect that alien's employment authorization?

A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization... is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H- I or L-1 employer between the date of his or her parole and the date to be specified in the final rule.

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And generally refer to this discussion thread: Please participate: AP Faq

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To my best knowledge, there was no other interim or final rules amending the above mentioned document.
 
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