INS Guidance on H-1 / L-1, EAD and Advance Parole

[Dear]

To Law office of Pork Chop (just kidding)

I was browsing the following link on murthy.com http://www.murthy.com/UDnewins.html and found out the following point :

** 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.) **

And by browsing this link http://www.murthy.com/UDtvladv.html regarding INS Advisory on Travel with I-485 Pending, I found out :

***In general, for a person with a pending I-485 to travel, it is necessary to first obtain a travel document known as an advance parole document. If the person is maintaining valid H1, L1, H4 or L2 status, s/he can choose to instead use a valid visa stamp to travel, as opposed to obtaining the advance parole document. **

Are the above two statements still valid by INS?

I used AP to enter USA and subsequently after that got H1 extension till 2005. I did not use EAD even though I have it. Can I say that I am on H1 (am with the same company who filed all my GC applications)?

For my wife : Is it required to nenew AP eventhough she has valid H1 visa stamped on here passport. She had AP while going to India though and there she got the H1 visa stamping valid till 2005.

Please advise.

 

[Pork Chop]

> Are the above two statements still valid by INS?


yes, they are still very much valid.

> I used AP to enter USA and subsequently after that got H1 extension till 2005. I did not use EAD even though I have it. Can I say that I am on H1 (am with the same company who filed all my GC applications)?


the use of AP to enter does not invalidate one's H1 status; using EAD does. on the other hand, merely having, as opposed to using EAD does not count. therefore, yes, you are in H1 status, and you can use it to enter the U.S. if you also have an H1 stamp in your passport.

> For my wife : Is it required to nenew AP eventhough she has valid H1 visa stamped on here passport. She had AP while going to India though and there she got the H1 visa stamping valid till 2005.


she can use either her AP or H4 to return to the u.s.

since i have been elevated to status of a lawyer, maybe i should send you a bill.

 

[Dear]

Thanks Pork Chop!

All of us in this forum are greatful to you for your great suggestions and opinions. Yes after your GC you may consider yourself to become a lawyer and then bill us!!

Have a nice day.