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Ingo and others please: Travel on AP without EAD

Ingo and others please: Travel on AP without EAD

Old Jan 25th 2001, 2:36 am
  #1  
Betty
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Hi, I'm plannig to visit home country for a week on Advance Parole. My 485 (EB-self
petitioned) is pending till May 00 and I am working on H1 B. Ididn't apply for EAD yet.
Now my empolyer is telling me that if I go on AP, I am not be able to work when I come
back. I can work only after getting EAD, which currently takes 3/4 months. Is it true or
is there any noticificatins I can show to my empolyer sothat I can work immdiately after
coming back .

Any help is appreciated

Thanks

Betty
 
Old Jan 25th 2001, 6:38 am
  #2  
Ingo
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This is a bit of a grey area, but it seems that the majority of the legal scholars agrees
with your employer. Personally, I *believe* that you could continue to work.

In any case, the final decision would rest with the employer because he, not you, will be
punished if you work illegally (for you, working illegally will remain without
consequences). That has one interesting implication: you can simply not tell your employer
that you are leaving the country. As long as the employer has reason to believe that you
are on H-1B (and has the petition paperwork to back that up), the employer would be safe.

However, I would recommend that you simply get an H-1B visa in your passport at a
convenient US consulate and use that to return. That solves all your problems at once.

Ingo

On Wed, 24 Jan 2001 19:36:08 -0800, Betty <[email protected]> wrote:

>Hi, I'm plannig to visit home country for a week on Advance Parole. My 485 (EB-self
>petitioned) is pending till May 00 and I am working on H1 B. Ididn't apply for EAD yet.
>Now my empolyer is telling me that if I go on AP, I am not be able to work when I come
>back. I can work only after getting EAD, which currently takes 3/4 months. Is it true or
>is there any noticificatins I can show to my empolyer sothat I can work immdiately after
>coming back .
>
>Any help is appreciated
>
>Thanks
>
>Betty
>

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
 
Old Jan 29th 2001, 8:57 pm
  #3  
Sylvia Ottemoeller
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Betty wrote:

> I'm plannig to visit home country for a week on Advance Parole. My 485 (EB-self
> petitioned) is pending till May 00 and I am working on H1 B. Ididn't apply for EAD yet.
> Now my empolyer is telling me that if I go on AP, I am not be able to work when I come
> back. I can work only after getting EAD, which currently takes 3/4 months. Is it true or
> is there any noticificatins I can show to my empolyer sothat I can work immdiately after
> coming back .

I think Ingo is right. You may wish to argue with your employer with this document:

http://www.jackson-hertogs.com/news/2000/0317a.htm

The answer to point 4 says in part:

"If an H-1 or L-1 nonimmigrant has not violated his/her nonimmigrant status, including
restrictions on period of stay, change of employer and engaging in unauthorized
employment, s/he may be readmitted into H or L status or be paroled into the United
States; it is the alien’s choice."
 

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