Re-entering on advance parole

qwertyisback said:
It does not violate, it preceds/overrides others H4/L2 status. So once you got EAD, thats what your current status is .(Not anymore H1/H4/L2). Thats what my lawyer told me and I beleive it as he is a lawyer.
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I would be cautious of believing such a lawyer, for two reasons. First, there is no such thing as an "EAD" status, since EAD eligibility is predicated on holding some other status, like a pending adjustment.

Second, how does an L-2 or J-2 spouse (who has no pending I-485) lose their L-2/J-2 status when they get their EAD? Do they fall out of status because they have applied for the EAD that they are entitled to receive? :)
 
Yeppo, porkchop, realcanadian
Thanks for shedding lighton this issue. i was clearly not fully informed. I did check the link that yeppo posted. it is clear that a person on H-1 or L1 can proceed with adjustment of status without affectig their L?H status.
 
TheRealCanadian said:
I would be cautious of believing such a lawyer, for two reasons. First, there is no such thing as an "EAD" status, since EAD eligibility is predicated on holding some other status, like a pending adjustment.

Second, how does an L-2 or J-2 spouse (who has no pending I-485) lose their L-2/J-2 status when they get their EAD? Do they fall out of status because they have applied for the EAD that they are entitled to receive? :)
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Firstly, my lawyer told me about my case (i.e H1 before GC), So I don't know for sure about L category. But my lawyer was very sure that after getting EAD, I am no more on H1 and I have to use AP for travel.

Also I think in this situation, lawyers advice is more safe than you guys. As you will have AP alongwith valid H1 while travel and if you met so called uninformed POE officer, you are safe(as you have H1 as well as AP). But your advice will put him in trouble at POE if officer asks for AP!!!!. So I would be more cautios about your advice than lawyer in this particular situation.
 
qwertyisback said:
But my lawyer was very sure that after getting EAD, I am no more on H1 and I have to use AP for travel.
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Your attorney's confidence has little relation to wether or not he is right. You really should ask him my question:

How does he explain the situation of an E-2, J-2 or L-2 holder (with no pending I-485) who successfully petitions for an EAD? If an EAD automatically cancels non-immigrant status (which is used as the basis for that EAD) then by being approved the EAD automatically cancels itself. That's clearly nonsense.

Also I think in this situation, lawyers advice is more safe than you guys.
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If you want to be absolutely safe, that is another matter altogether. If we are aiming for safety, then one should not travel at all, since AP does not guarantee re-entry to the US - parole is entirely within the discretion of the POE.
 
TheRealCanadian said:
Your attorney's confidence has little relation to wether or not he is right. You really should ask him my question:

How does he explain the situation of an E-2, J-2 or L-2 holder (with no pending I-485) who successfully petitions for an EAD? If an EAD automatically cancels non-immigrant status (which is used as the basis for that EAD) then by being approved the EAD automatically cancels itself. That's clearly nonsense.
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Its a old conversation when I had my first EAD. And BTW that lawyer is part of reputed lawfirm doing immigration service for fortun500 companies like oracle , and filing 100's of GC every month(at that time). They handle all sort of immigration issues everyday and their advice is definately reliable.
TheRealCanadian said:
If you want to be absolutely safe
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Nothing is absolutely safe in world, its just relative term with your advice and lawyers advice. I see lawyers advice is practical and more safe than yours ..Thats it. :D :D

You have claimed that 1) Lawyer is incorrect 2) POE officer is wrong 3) CIS website information is no good(in the past, for carrying GC)!!!! :D :D
In short you can just declare that whatever you say is correct. :D :D
 
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to all who asked me to post a link to back up what i had posted earlier... well, i couldn't find anything "official" on the USCIS website. but here's something for those of us who'll believe anything as long as its in print :)

read the section entitled "EAD/AP vs. H1" after clicking on this link: http://immihelp.com/gc/aos/eadap_h1.html
 
Please see instructions for form I-131

http://uscis.gov/graphics/formsfee/forms/files/I-131.pdf

Theres a section on Page 2 that clearly indicates that AP is not required if valid H1 status has been maintained.

Regding POE officers, I was faced with the same problem as manik. When I mentioned I had a H1B and an AOS pending, the officer refused to let me in on H1 and insisted on my using the AP. Many frantic minutes of arguing and pleading later, he agreed to send me to secondary inspection, where the secondary inspector was also not aware of this rule but was good enough at my insistence to check with a third (and presumably senior) officer who finally confirmed that an H1 would work, though I had an AP. This was at LAX airport so presumably most POE officers are not aware of every rule.
 
From Murthy chat on 02/21..

Chat User : Can a person enter on advance parole and still maintain H1B status and work without an EAD?

Attorney Murthy : The USCIS memos are not entirely clear on this issue, but this scenario may be possible, especially since the USCIS / Legacy INS agreed, in the May 2000 INS Memo, that the H1B extension may be approved for a person who had entered on the AP but continues to work with the H1B-sponsoring employer and intends to continue to do so.
 
It is possible to get extn after using ap.

I have done it (and also my spouse). I entered in AP before and worked in h1-b. and got extn. of H1-B from vermont office after using AP. I applied H1-b by prem processing. This was in Sep'03. But to be on the safer side I had ead but never used it for work. In fact I had 2 ead's before applying for H1-b extn. But I never had H-1b stamping in the passport and worked for same emp.
 
A Personal Experience.

Nearly one year back, with my I-485 pending and with AP and EAD in hand, I entered the US using my H1.
No questions asked.
 
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