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Do I need EAD after use AP?

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  • Do I need EAD after use AP?

    Hi, does anyone know if I have to apply EAD in the condition I will use Advance Parole for returning US? Somebody told me if I use AP to return, I will not be eligible to use my current H1B. In stead, I must use EAD. Also, in this case, do I need to tell my employer if I have to use EAD?

    Thx!

  • #2
    I am not sure I understand your question but ...

    AP is used to travel out and return to the US when you have a I-485 pending
    EAD is used to work! If you already have H-IB , that authorizes you to work. The AP is used only to safeguard you from abandoning your I-485.

    But AP has nothing to do with EAD. Hope I answered your question.
    Last edited by curiousone; 06-08-2006, 05:30 PM.

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    • #3
      thanks. You did answer the question.

      I just wanted to make sure using AP is nothing to do with EAD.

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      • #4
        I believe you need an EAD to work in the US, if you return on an AP document. Once you return on AP, you are on an immigrant status and give up your non-immigrant H1-B status.

        Might want to double check this info, as it's been sometime since I went thru the H1-B to greencard adjustment.

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        • #5
          Originally posted by ads
          I believe you need an EAD to work in the US, if you return on an AP document. Once you return on AP, you are on an immigrant status and give up your non-immigrant H1-B status.

          Might want to double check this info, as it's been sometime since I went thru the H1-B to greencard adjustment.

          Returning on an AP does NOT give immigrant status. AP is only a document authorizing you to leave and re enter the US without abandoning your AOS application. Until you go for an interview or gets an approval notice and have that stamp or rother document saying that your status has been adjusted youre NOT in immigrant status

          Leaving and renetering on AP has nothing to do with EAD.....if you already have one, it continues, if you didn't have or need one, you still dont have/need one.

          One does not affect the other. AP for travel. EAD for work.
          Last edited by curiousone; 06-08-2006, 05:32 PM.

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