Hi, folks:
It seems I will wait forever for my I-485 approval. I've decided to use the AD to travel. However, right now I'm still working with my H-1B and haven't got EAD yet. I never changed my employer. Regarding the ability to work after returning US with AD, I got two totally different answer from the website. I am totally confused. Do you guys have any idea about this issue?
Here is the digest of the two different opinions:
1. I will still be able to work as H-1B even without EAD
The alien is entitled to apply for Advanced Parole as benefit associated with adjustment of status application. Once approved, the Advanced Parole allows the alien to travel abroad and reenter into the U.S. After being paroled in, the alien can still keep his/her H-1 or L-1 status, as the case may be, in the sense that he/she can still apply for an extension of H-1 or L-1 status, provided the alien resumes employment with the same employer for whom he/she had previously been authorized to work as an H-1 or L-1 nonimmigrant. In this scenario, the approval of that extension would enable the alien to reenter into the U.S. on H-1 or L-1 status if he/she travels abroad in the future. (INS Adjudicator's Field Manual, Chapter 23)
However, if after being paroled in, the alien changes employer that sponsored his/her original H-1 or L-1 status, he/she may no longer has valid H-1 or L-1 nonimmigrant status, even though he/she can still lawfully stay in the U.S. during the I-485 pending period. Thus, if the alien's I-485 application is denied, he/she may not be able to lawfully stay in the U.S. as nonimmigrant.
2. I will NOT be able to work
[Question]: I have a pending I-485 and was planning to continue working for this company in H-1B status. However, last year I visited my home country and came back with advance parole, and as a result, I became a parolee. Is it true that now I have lost my H-1B status and can only work with an EAD (even for the same company who is supporting my I-485 application)?
[Answer]: Yes. Unless/until you exit the U.S. again and re-enter based on a valid H-1B stamp you will be considered to be a parolee and would need an approved EAD to work. Note that while re-entry based on a valid H-1B visa has the potential ability to allow you to regain H-1B status, you would lose this ability permanently once you actually went to work using an EAD.
It seems I will wait forever for my I-485 approval. I've decided to use the AD to travel. However, right now I'm still working with my H-1B and haven't got EAD yet. I never changed my employer. Regarding the ability to work after returning US with AD, I got two totally different answer from the website. I am totally confused. Do you guys have any idea about this issue?
Here is the digest of the two different opinions:
1. I will still be able to work as H-1B even without EAD
The alien is entitled to apply for Advanced Parole as benefit associated with adjustment of status application. Once approved, the Advanced Parole allows the alien to travel abroad and reenter into the U.S. After being paroled in, the alien can still keep his/her H-1 or L-1 status, as the case may be, in the sense that he/she can still apply for an extension of H-1 or L-1 status, provided the alien resumes employment with the same employer for whom he/she had previously been authorized to work as an H-1 or L-1 nonimmigrant. In this scenario, the approval of that extension would enable the alien to reenter into the U.S. on H-1 or L-1 status if he/she travels abroad in the future. (INS Adjudicator's Field Manual, Chapter 23)
However, if after being paroled in, the alien changes employer that sponsored his/her original H-1 or L-1 status, he/she may no longer has valid H-1 or L-1 nonimmigrant status, even though he/she can still lawfully stay in the U.S. during the I-485 pending period. Thus, if the alien's I-485 application is denied, he/she may not be able to lawfully stay in the U.S. as nonimmigrant.
2. I will NOT be able to work
[Question]: I have a pending I-485 and was planning to continue working for this company in H-1B status. However, last year I visited my home country and came back with advance parole, and as a result, I became a parolee. Is it true that now I have lost my H-1B status and can only work with an EAD (even for the same company who is supporting my I-485 application)?
[Answer]: Yes. Unless/until you exit the U.S. again and re-enter based on a valid H-1B stamp you will be considered to be a parolee and would need an approved EAD to work. Note that while re-entry based on a valid H-1B visa has the potential ability to allow you to regain H-1B status, you would lose this ability permanently once you actually went to work using an EAD.