Gurus, need help on advance parole and EAD questions

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waitmyGC

Registered Users (C)
We filed our I-485 last year, and at the same time advance parole for both of us and EAD for me only. My husband was admitted to US as F-1. Now he still studies at school and works on campus as a research assistant (RA). First I would like to know if anybody could confirm that he works legally now even without EAD.

We\'are traveling abroad soon and would like to return on parole status. My lawyer told me that my husband will no long be admitted as F-1. Does this mean my husband lose his F-1 status? If so, will my husband be able to work on campus still as RA without EAD after we return?

Assuming he will not be allowed work without EAD even on campus after we return on parole status, can he not use the advance parole, instead try to get F-1 visa to return to US, while I\'ll be using parole to return to US? Is this allowed after filing adjustment of status? Any adverse effects on our I-485 petition?

Thanks a lot.
 
No Title

1) Your husband can remain in F1 and is in legal status regardless of your EAD application. As long as he works at school he does not need EAD, he can be on F1 status

2) If your husband decided to apply for EAD and use it to work on campus then he needs AP to travel.

3) EAD and AP go together, you cannot use AP without working on EAD. Hence your Husband cannot use AP to enter the states. He has to use F1 to enter the states.

Hope this helps
 
Thank you for your info. There is still one question

I understand the first two of your answers. I guess you are right that if my husband works on EAD then he must have AP to travel, which means, in short, EAD needs AP. However, if my husband has AP and assume he doesn\'t workat all, does he really need to apply for EAD? If not, then when he travels, does AP alone suffice? Or in other words, does AP really need EAD?

As for re-entering with F-1, I heard another version of this, which is you can NOT apply for non-immigrant visa such as F-1 after filing I-485, otherwise your I-485 application is terminated.

Please advise.
 
No Title

1) Does AP need EAD - the answer is yes. If U are in F1 U do not need AP to travel. It is only for people who are in limbo status like waiting for adjudication need AP.

2) I applied for 485 and was on H1. I applied for H1 extension without a problem after legal consulation in Mexico since my H1 - Visa expired, needed extension stamping in Passport.

Hope this helps
 
No Title

1) I assume you got the information that AP needs EAD from some source, such as lawyer, immigration law. If it is convenient, could you point me to the source?

2) Although my husband is currently in F-1, he has filed I-485. My question was if he applies F-1 again, does this terminate his adjustment of status petition?
 
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