This blog comes in response to your recent most frequently asked question to our office.
“Whether you can travel on your Advance Parole (AP) and still work on H1B/L1 upon your return or would the travel force you to abandon your previous nonimmigrant status. Must you use your Employment Authorization Document (EAD) after your travel and return to the US on the AP?”
The answer is that you can use your H1B or L1 approval notice to work for your current employer and extend the same status and stamping is not required to retain the underlying non-immigrant status if you possess an AP and can enter the country. The guidance comes from the “Cronin Memo” (AFM Update: Revision of March 14, 2000, Dual Intent Memorandum)-May 25, 2000.
Per this Memo, H-1B and L-1 beneficiaries can travel using their Advance Parole and not lose their ability to return and resume working in H-1B and L-1 status. The beneficiaries of a valid H-1 or L-1 petition and who maintained that status prior to the departure should be maintaining H or L status after returning to the US on advance parole without the need to apply for an extension. Per the Cronin Memo, the beneficiary may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If USCIS approves the alien’s application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification. Now, if the principal spouse is maintaining the H-1B status after being paroled back into the US, in similar fashion the dependent spouse can also be paroled back into the US and maintain the H4 status. Also, the dependent spouse can use EAD/AP to work and travel and that won’t impact the H-1B status of the H-1B holder.
Also, per memo, the fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. However, an H-1 or L-1 will violate his/her nonimmigrant status if she/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.
As a reminder, we always recommend our clients to maintain their underlying H-1B or L1 status and to re-enter the US on H-1B or L-1 status, if possible. Since maintaining the H-1B and L1 status allows one to work continuously without any interruption and the Beneficiary doesn’t have to renew the EAD again and again, while the green card application is being adjudicated. Maintaining H-1B and L1 status will allow you fall back on to your nonimmigrant status, in case the adjustment application is denied by USCIS, and remove your need to depart from the United States.
We will regularly update the blog as soon as any new information is available.
Disclaimer
This article aims to provide new information concerning travelling based on the AP and maintaining H-1B or L1 status. This article, under no circumstances, acts as legal advice; therefore, for any further case-specific question, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
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