AP, I9 form

[bieber]

Do I have to fill the I9 form after using AP for re entry? or the status is automatically EAD (or H1b if it's still valid)

[qesehmk]

Bieber EAD is NOT a status. EAD is just employment authorization. You only need to fill I-9 once when you start using it. Entry into or out of US for temporary durations doesn't matter for I9.

[bieber]

Bieber EAD is NOT a status. EAD is just employment authorization. You only need to fill I-9 once when you start using it. Entry into or out of US for temporary durations doesn't matter for I9.

Thanks Q

that was quick

[Spectator]

Do I have to fill the I9 form after using AP for re entry? or the status is automatically EAD (or H1b if it's still valid)

bieber,

In your situation, what the Cronin Memo says is:

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.

Essentialy, it appears to say that, even though you entered as a Parolee, you can continue to use the Employment Authorization component of your H1B petition.

As they put it:

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.

At a later date, you may apply for an H1B extension - an approved H1B extension will return you to H1B STATUS.

3. If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the United States via advance parole, the alien is accordingly in parole status. Does this interim rule allow him or her to now apply for an extension of nonimmigrant status?

Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service determines 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.

This Murthy Article explains it quite well.

[bieber]

Spec

Thanks much brother