Under the CIS memo in May 2000, if the alien (H-1B status before departure) travels and re-enters on an AP and he has a valid and approved H-1B petition, he may apply for an extension of his status and DHS will termiante his parole and admit her as an H-1B.
This means once the alien comes back on AP, he is in parolee status. However the guidance allows him to extend H-1B prior to the termination of parolee status. My understanding is once AP expires, the alien will be stuck in AOS status and hence lose the H-1B status.
Second, the memo also provides that even if the employee re-enters on an AP and continues his H-1B employment he will not be considered to engage in unauthorized employment.
This shows that CIS may only allow the alien to work for the same H-1B employer without requiring an EAD. But it does not mean the employee can work in a H-1B status. To have that status back, the employee has to either extend the H-1B or has the new employer to apply for a new H-1B.
The concept is little twisted: you can work like an H-1B but without an H-1B status. That's the basic gist of the memo.
This means once the alien comes back on AP, he is in parolee status. However the guidance allows him to extend H-1B prior to the termination of parolee status. My understanding is once AP expires, the alien will be stuck in AOS status and hence lose the H-1B status.
Second, the memo also provides that even if the employee re-enters on an AP and continues his H-1B employment he will not be considered to engage in unauthorized employment.
This shows that CIS may only allow the alien to work for the same H-1B employer without requiring an EAD. But it does not mean the employee can work in a H-1B status. To have that status back, the employee has to either extend the H-1B or has the new employer to apply for a new H-1B.
The concept is little twisted: you can work like an H-1B but without an H-1B status. That's the basic gist of the memo.
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