回複:How to use advance parole?

來源: KickTX 2004-09-23 17:56:26 [] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (2088 bytes)
It is believed that there is no final rule regarding this issue, and the latest publication should be this one:

http://www.immigration-law.com/Breaking%20News%20III.html

In the achieve, find the news on 5/18/00:

IMPORTANT NOTICE: INS Reverses Prior Policy on Effect
of Travelling on AP W/O EAD!!!!!!!!! Please ignore
prior posting of this web site on INS Memo of 03/14/00
and other postings relating to these issues.

The AILA has just reported a "critically" important
INS Memorandum dated 05/16/00 reversing its rule on
effect of travelling using AP on H/L status,
employment authorization, and eligibility for
extension of H/L status, "until a final regulation is
published on these issues in the future."
Other than the following changes, its prior 03/14/00
will remain intact until a final regulation is
published in the futures.
Effect of Travelling Using AP and Eligibility for
Application for Extension of H/L After Return: He/she
may apply for an extension of H-1 or L-1 status "if
there is a valid and approved petition". Approval of
extension petition will have the effect of terminating
the grant of "parole" and admitting him/her in the
relevant non immigrant status. In 03/14/00 memo, the
INS ruled completely opposite. This new memo
immediately reverse's 03/14/00 policy.
Effect of Travelling and Returning to the U.S. Using
AP and Resuming Employment Without EAD: If his/her H-1
or L-1 would not have expired, had h/she not left and
returned under the AP, the INS will not, repeat, will
not consider his/her failure to obtain a separate EAD
to mean that he/she engaged in unauthorized employment
by working for the H-1/L-1 employer between the date
of his/her parole and the date to be specified in the
to be published final regulation. Again, the INS
policy was opposite in its 03/14/00 memorandum.
Caveat, Caveat, Caveat, Caveat: Both 03/14/00 INS Memo
and this New 05/16/00 Memo Apply only to H/L EB-485
Waiters and No Others.
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