check out INS memo on H and L visa holders traveling on Advanced parole issued on June 1st 2000. The amended version. Here is an example of applying for something(such as EAD) but is not equaling to using it:
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2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based
on their application for adjustment of status but does not use it to obtain employment, is the
alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate
his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for
an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1
nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer
listed on the approved 1-129 petition and engage in employment for a separate employer.
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2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based
on their application for adjustment of status but does not use it to obtain employment, is the
alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate
his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for
an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1
nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer
listed on the approved 1-129 petition and engage in employment for a separate employer.
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