So many misunderstanding here, that's see the reply from my lawyer:
When you return back from overseas using your AP, your
status
changes to Parolee. If you continue to work for the same employer who
previously issued your H-1B visa, BCIS's position (formerly INS)
position is
that you are not working without authorization. That is to say, if you
do
not use EAD at that time, INS will not consider you to have worked
without
authorization. Here is an excerpt from the memo:
4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the
United States via advance parole, the alien is accordingly in parole
status.
How does the interim rule affect that alien's employment authorization?
A Service memorandum dated August 5, 1997, stated that an "adjustment
applicant's otherwise valid and unexpired nonimmigrant employment
authorization ...is not terminated by his or her temporary departure
from
the United States, if prior to such departure the applicant obtained
advance
parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends
to
clarify this issue in the final rule. Until then, if the alien's H-1 or
L-1
employment authorization would not have expired, had the alien not left
and
returned under advance parole, 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.
When you return back from overseas using your AP, your
status
changes to Parolee. If you continue to work for the same employer who
previously issued your H-1B visa, BCIS's position (formerly INS)
position is
that you are not working without authorization. That is to say, if you
do
not use EAD at that time, INS will not consider you to have worked
without
authorization. Here is an excerpt from the memo:
4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the
United States via advance parole, the alien is accordingly in parole
status.
How does the interim rule affect that alien's employment authorization?
A Service memorandum dated August 5, 1997, stated that an "adjustment
applicant's otherwise valid and unexpired nonimmigrant employment
authorization ...is not terminated by his or her temporary departure
from
the United States, if prior to such departure the applicant obtained
advance
parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends
to
clarify this issue in the final rule. Until then, if the alien's H-1 or
L-1
employment authorization would not have expired, had the alien not left
and
returned under advance parole, 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.
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