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INS Permits Use of Advance Parole, Continuation of Work in H, L Status
05/18/2000

May 18, 2000 -- INS on May 16, 2000 issued a field memorandum that reversed course from an earlier memorandum, and states that until a final rule is published, individuals who enter on advance parole and continue working on the basis of their H-1 or L-1 status will not be considered engaging in unauthorized employment. The memo states that this policy will be in force until a final rule on advance parole is published and takes effect, intimating that the policy stated in the March 14 memorandum could be reinstated as a part of the final rule. An interim rule was published on June 1, 1999 that permitted H-1 and L-1 nonimmigrants to travel without obtaining advance parole.

Typically, when individuals have adjustment of status applications on file to obtain permanent residence, they are not permitted to travel without parole. In 1997, INS stated that adjustment applicants in H-1 and L-1 status need not obtain separate employment authorization in addition to that which they already had pursuant to their nonimmigrant statuses. Individuals could thereby depart the United States, return on advance parole, and resume work pursuant to nonimmigrant status, assuming it is still valid. The June 1999 interim rule permitted individuals in H-1 and L-1 status to travel without advance parole, though many individuals have continued to use it. The March 14 memo marked a reversal of the 1997 policy, and would have required adjustment applicants to obtain separate employment authorization documents in order to work. The May 16 memo, however, reverses this, at least until a final rule is published, which is expected later this year.

Until the final rule is issued, assuming that an individual's H-1 or L-1 status has not expired, a nonimmigrant may travel and return using advance parole and continue to work pursuant to H-1 or L-1 classification. The memo states that "the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule." The implication is that the final rule will, at some point, require that an employment authorization document be obtained if an individual re-entering on advance parole plans to work.

所有跟帖： 

• 一点补充. -mytwocents- ♂ (501 bytes) () 08/17/2006 postreply 11:34:53

• 请问在有H1情况下,申请EAD有何必要?anyway, good luck to All -屯页- ♀ (0 bytes) () 08/17/2006 postreply 11:54:32

• As a backup. -mytwocents- ♂ (118 bytes) () 08/17/2006 postreply 12:01:13

• 想明确:是否在没有EAD的情况下,用AP回国根本没问题? -屯页- ♀ (0 bytes) () 08/17/2006 postreply 12:20:49

• You can apply EAD and AP, but not necessarily to use -woohoo- ♂ (345 bytes) () 08/17/2006 postreply 12:28:31

• 请问没有H1visa stamp,您如何入境美国?难道不是用AP吗? -屯页- ♀ (0 bytes) () 08/17/2006 postreply 12:42:03

• Yesm you are using AP if you don't have H1 visa stamp. -woohoo- ♂ (382 bytes) () 08/17/2006 postreply 12:47:21

• 我们是在同一前提下(用AP回美)讨论问题的吗? -屯页- ♀ (105 bytes) () 08/17/2006 postreply 12:50:13

• Yes. -woohoo- ♂ (0 bytes) () 08/17/2006 postreply 13:16:22

• 也不能讲一点问题都没有. -mytwocents- ♂ (662 bytes) () 08/17/2006 postreply 13:04:43

• Thank you for your input! -屯页- ♀ (0 bytes) () 08/17/2006 postreply 13:13:45

• Just in case your I-485 has any issues, you are still ok with H1 -woohoo- ♂ (0 bytes) () 08/17/2006 postreply 12:11:50

• Another reason: if you HAVE TO change employer for -woohoo- ♂ (54 bytes) () 08/17/2006 postreply 12:14:44