I found the answer ..
Here is the link
http://www.ins.gov/graphics/publicaffairs/advisories/Advisory.htm
Here is additional info
QUESTION: I am a regular visitor of your web site. I hold an H1B visa and I also have filed my I-485 adjustment to permanent resident status. I have to travel out of the country next week but because of the tragedy last week, I am afraid of being denied my H-1B visa application at the US consulate overseas. I do have an advance parole re-entry permit, but I heard that if I use it, I would lose my H-1B status and it might also affect my green card application adversely. Is that true? If it is how would it affect my green card application?
ANSWER: First, out strong suggestion to you and all persons in the U.S. who are not yet lawful permanent residents is that you not travel abroad right now unless you absolutely have to. To answer your general questions, H-1B status would be lost by using your advance parole re-entry permit. However, due to the recent events and the potential for tighter restrictions to be placed on entry (and re-entry) to the U.S., there is also no guarantee that you will be re-admitted immediately, regardless of whether you base your request for re-entry on your H-1B or on your advance parole. Moreover, if you are required to stay abroad for a lengthy time due to any restrictions imposed (and, for example, your advance parole expires) this may affect your eligibility to adjust status in the U.S.
QUESTION: From reading your Wednesday Questions I learned that for an H-1B holder, using an EAD card to work while their green card is at the I-485 adjustment stage loses the benefit that they would otherwise enjoy of not having to obtain advance parole to travel while holding H-1B status?
ANSWER: We have been getting lots of questions concerning this issue in the past few weeks. It seems to be confusing an awful lot of people. We will try to set the record straight.
First of all, if an individual has valid H-1B status and a valid EAD card, that individual automatically loses their H-1B status if they use their EAD card to work for another employer. In that situation, the person MUST obtain advanced parole in order to travel abroad while their adjustment is pending. If the person has the EAD card but it is not used to work for a third employer:
- the person keeps working for the H-1B sponsor on the H-1B visa
- the person continues to be in H-1B status and they may use their valid visa stamp to travel.
If a person has a valid H-1B, a valid EAD card, and a valid advanced parole travel document but they do not use their EAD card to work for a second company, their status upon re-entry depends on which document they present when they arrive back to the United States. If they present the advanced parole and the officer stamps the I-94 card as an "adjustee" or "parolee," then they are no longer in H-1B status. If the person presents the H-1B visa stamp and the officer stamps the I-94 card with the H-1B designation, they will remain in H-1B status. Of course, as stated above, if they later use that EAD card to work for a different employer, they lose the H-1B status."
First, an H-1 (or L-1) non-immigrant who uses their employment authorization document has extinguished their H-1B status. They now hold "adjustee" status and can\'t use the previous H-1B approval to re-enter after travel abroad, to file for an extension, nor for any other purpose.
However, in relation to advance parole, the H-1B is more like a good pair of cha-cha shoes that you can take on and off.
Suppose an H-1B holder leaves the U.S. in H-1B status and returns in H-1B status during their adjustment. As you probably are well aware, this person does not need advance parole and re-enters in the same shape they left -- cha-cha shoes on the whole time.
But now suppose the H-1B holder leaves the U.S. during their authorized stay in H-1B status but with both their documentation of their H-1B approval AND advance parole travel document in hand. What status do THEY re-enter in? It depends on which items they provide at the port of entry. IF they evidence their H-1B status to the official, then the cha-cha shoes stay on and they re-enter in H-1B status. In contrast, if it is the travel document that they put forth, then they re-enter in "adjustee" status and will not hold H-1B status in the U.S. (They have taken the shoes off!)
The person who enters as an adjustee DOES NOT hold H-1B status. They will now need advance parole to travel and their employment must be based on a valid employment authorization document because the H-1B status is no longer active. HOWEVER, if there is still time remaining on their valid H-1B approval, they can return to the port of entry during the validity and reclaim their H-1B cha-cha shoes by making a proper entry in H-1B status.
QUESTION:I have filed my I-485 on 30th of May. Along with it I applied for my work authorization and advance parole. I understand it takes 60-90 days for the Vermont Service Center to issue EAD\'s and advance parole because of the number of applications. I\'m planning to go to India by for a couple of weeks in July. I have my H1B Visa till 2/2003 stamped in my passport. Can I go to India and enter U.S. on my H1B? Do I need to have advance parole? If I use my H1B to enter U.S. can I use my EAD and advance parole after they are approved?
A: Yes. As an H-1B holder you are entitled to travel as long as your H-1B visa is valid while your adjustment of status application is pending even without advance parole. Doing so will not prevent you from obtaining and using your EAD and travel document in the future.
