Travel on AP without EAD??

[mamtam]

my husband's EAD is expiring on 8/20 but his AP is valid till 9/19.

he has NOT used his EAD ever. is it ok to travel on a valid AP eventhough the EAD would have expired?

RD - 7/12/01
ND - 8/20/01
FP - 3/25/02
RFE - 7/23/02 (don't know what the RFE is yet)

 

[lca123]

Dont do this

Once he returns back to the US and enters based on his Advance Parole he will officially be an I-485 adjustee who can then work only on the EAD. Say he is currently on an H1B visa and returns using the AP then the H1B will expire.

If he has a valid H1B or H4 then use that visa to return.

I am not a lawyer so please do not construe this to be legal advice.

Good luck

 

[mamtam]

he has already used the AP to enter once in december last year.

my question is that does he need to have a valid EAD to enter?

 

[Upstate_NY]

If a person is entering on AP, there is a need for the person to show that he/she is currently working (having emp letter, paystubs is a good idea). H1 visa is not valid anymore since he has already traveled on AP. So there is a burden of proof with the traveler @ the POE to show work status and that can be only shown thru H1 or EAD.

Pls check with the lawyer for final advice. I think its risky to travel w/o a valid EAD.