EAD and Advance Parole renewal

[KSPat]

Hello everybody,

I am applying for my wife's EAD and AP renewal electronically and had some questions regarding the same.

Her current EAD expires in mid September and so does her AP. She visited India in January 2008 and entered on her AP. There is a AP stamp on her I-94

She also has a valid H-1B visa till October 2008 and her employer is in the process of filing for an extenstion of her H-1B visa for another year (Oct 2009)

Although she has used her AP to enter but maintains valid H-1B status, what should be the best way to answer the following questions ?

I-765 Questions:
Manner of Last Entry into the U.S. ?
Current Immigration Status ?

I-131 Questions:
Class of Admission ?

From what I understand, one can continue to be on H-1B status even though one uses AP to travel.

Your quick response is appreciated.

Thanks,
KSPat.

[txh1b]

Entry on parole puts a person on Parolee status. The use of H1b to work is allowed just as the using EAD for working in such situations. It can be confusing as to what it means. Upon entry on parole, the H1b authorization can be used just like EAD to work but the status is not H1b.

A reading of my reply here should help.

http://www.immihelp.com/forum/showthread.php?t=43523

The answer to all of your questions is Parole/Parolee

[KSPat]

Thank you for your prompt reply.

[KSPat]

One more question, If I enter Parole/Parolee in the I-765 and I-131 forms, do I still need to send H-1B documents along with EAD and AP applications ?

Thanks !

[txh1b]

No, Why?

[KSPat]

Since her EAD expires in September, and if she does not get her EAD approved before that, wouldnt USCIS want a proof of her legal status after september ?

[KSPat]

Basically my concern is, if she does not get her EAD/AP approved in time, can she continue to work on H-1B and if thats the case, would it be better to send H-1b Documents right now along with the applications?

[txh1b]

EAD does not indicate legal status. The I485 pending receipt does as a parolee and entry I-94 as a parolee does.

As she entered on parole, if you read my post about entry, working due to H1b authorization past Sept is possible but risky. It is suggested that you have EAD for all periods worked on Parole.

I would not use H1b authorization to work in lieu of EAD after entry on Parole if I were you.

[KSPat]

Thanks once again for your reply !