Imp info:If you have valid parole and H1, you have to enter on parole only

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gcsucks

Registered Users (C)
I have a valid H1 on passport and advance parole, and my wife is had EAD/parole. At the port of entry of entry in NYC, immigration officer said I have to enter only on parole and can not admit me on H1 if I have to continue with my 485. He said, H1 is a temporary visa and pending adj of status is a permanent status, and so if he has to admit me on H1 (temporary visa) he needs to cancel my 485 (Permanent visa) and entire GC process has to be redone. After much arugument, I had no other choice and so he admitted me on parole. I do not have an valid EAD. So I thought I can not work.

My attorney said that is not the rule, one can be on H1 even when adj of status is pending. He contacted the officers at atlanta airport, and they refused to change my I-94 to h1 status but they said that I can legally work with out EAD even when I am admitted as a parolee with a approved H1.

I am sure if this is correct, but I myself spoke to officer at the atlanta airport and he said the same thing.

Can any one provide insight in to this fiasco?
 
The airport officer was dead wrong. Many times they are unaware of rules. On 485 application form (page 7) it is clearly stated:

If you are an H, L,V, or K3/K4 nonimmigrant who continues to maintain his or her status, you may travel on a valid H, L, V or K3/K4 visa without obtaining advanceparole.
A. H, L, V or K3/K4 nonimmigrants:

I suppose next time people who want to renter on H1 with 485 pending should carry a copy of this USCIS document to prove it to officer.

gcsucks said:
I have a valid H1 on passport and advance parole, and my wife is had EAD/parole. At the port of entry of entry in NYC, immigration officer said I have to enter only on parole and can not admit me on H1 if I have to continue with my 485. He said, H1 is a temporary visa and pending adj of status is a permanent status, and so if he has to admit me on H1 (temporary visa) he needs to cancel my 485 (Permanent visa) and entire GC process has to be redone. After much arugument, I had no other choice and so he admitted me on parole. I do not have an valid EAD. So I thought I can not work.

My attorney said that is not the rule, one can be on H1 even when adj of status is pending. He contacted the officers at atlanta airport, and they refused to change my I-94 to h1 status but they said that I can legally work with out EAD even when I am admitted as a parolee with a approved H1.

I am sure if this is correct, but I myself spoke to officer at the atlanta airport and he said the same thing.

Can any one provide insight in to this fiasco?
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