should work on EAD or continue on H1B

B

bkv

Registered Users (C)
I came back from India last weekend and at the port of entry the Immigration officer used the advance parole instead of my H1 visa which is valid till sep 2005

My question is, do I need to use my EAD or I can continue working on my H1
status?

please help me and suggest me the best
 
bkv said:
I came back from India last weekend and at the port of entry the Immigration officer used the advance parole instead of my H1 visa which is valid till sep 2005

My question is, do I need to use my EAD or I can continue working on my H1
status?

please help me and suggest me the best
Click to expand...

If you are still with the same employer that has your H1 and is still valid, then it doesn't make any difference. The status is only in your mind. I don't know how you would change it legally?

However, if you have changed employer or your H1 has expired, then your status has automatically changed to "Adjustee working on EAD" and there is nothing you can do about it other than make sure you renew your EAD on time.

Some people have suggested of informing INS, but I personally believe that they just treat that as junk mail and the letter may never reach your file unless it is accompanied by a RFE letter or a legal form meant to do just that.

This is just my opinion. Make your own judgement.
 
Continue on H1...

Using advance parole does not invalidate H1 visa. Don't worry, your status is still H1 till you tell your company that you want to use EAD.
 
Thanks guys for your advice,

Can I apply for 7th year H1B extension even though my I-94 has an entry as AOS.
 
bkv said:
Can I apply for 7th year H1B extension even though my I-94 has an entry as AOS.
Click to expand...

Yes, since you are on a H1B, you can have dual intent, and therefore you can keep your H1B, extend your H1B, and still be in AOS-pending status, all at the same time.

As a side note for any Canadians reading this, if you were on a TN for example, your TN status would be null and void at this point after having entered on your advance parole, and you would only have AOS-pending status. This is because TN does not explicitly allow dual intent.
 
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