Valid I-797 but H1B visa stamp on passport expired. I-485 pending. Can I apply EAD?

[ksunnypal]

I have a valid i-797 of H1b visa extension until 2014 but my h1b visa stamp expired in my passport.
My I-485 status is pending and recently received Advance parole. I didn’t apply EAD with i-485.
I have following questions:
1. Can I apply EAD now?
2. If I go India for a vacation, can I able to reentry into the USA?

Please help me.

[kabkaba]

Yes, you can apply for EAD and AP.

You should not leave the US with 485 pending unless you have AP. Consult with a lawyer.

[ksunnypal]

I recently received advanced parole and also completed biometrics for my I-485.

With valid 1-797 of H1b but visa stamp on passport expired, can I still travel to India and reenter into the USA with AP?

Do I need EAD and AP to avoid attending the H1b visa sampling in India? How it works?

[kabkaba]

If you return with AP, you will become a parolee and not H1. In that case, you will need EAD in order to work. Also, if you have dependents in H4 status, they will go out of status as you are no longer in H1 status.

[ksunnypal]

Thank you for your response. I really appreciate it.