Traveling abroad on EAD AP Combo card while H1B extension still pending, what will happen when I return to US?

[justmarriedusciti 7]

Hi all, 

I have a question regarding traveling internationally on an Advanced parole. Does the combo card act like a visa? My situation is that I had an H1B which expired in late 2019. However its extension petition is still pending with USCIS and we haven't been given a decision. 

On the other hand I applied for EAD via my spouse and that got approved. I have to travel to the UK in a few weeks and return after staying there for a few days. I'm not hopeful that my H1B extension decision will come anytime soon, so I'm most definitely returning back using my EAD combo card.  

My question is this: now that I will reenter the US on a "parole", what implications will that have for me? Seeing that I have an EAD, can I continue to work for my current employer? Should I inform them that they need to make changes to my I-9? What happens in this scenario when I come back?

[Boiler 46,198]

Being paroled ion is not the same as being admitted as you would under a visa but for most it does not make a difference.

 

When you use AP then you would be working under EAD so yes.

[justmarriedusciti 7]

8 minutes ago, Boiler said:

Being paroled ion is not the same as being admitted as you would under a visa but for most it does not make a difference.

 

When you use AP then you would be working under EAD so yes.

To elaborate on the second line in your answer, you're saying that I have to make changes then with my employer stating that I should be classified under EAD status now? 

 

One thing that I read on this CBP page (Advance Parole) says that having the "AP before leaving US" requirement does not apply to people maintaining H1B status. From what I understand, since my employer has applied for H1B extension, I'm still in H1B status even though my H1B sticker has expired. Does that still make me need the AP before I travel to England? 

[Boiler 46,198]

If you have a valid H1b visa you can use that to re enter, may have advantages.

[igoyougoduke 1,676]

23 minutes ago, justmarriedusciti said:

To elaborate on the second line in your answer, you're saying that I have to make changes then with my employer stating that I should be classified under EAD status now? 

 

One thing that I read on this CBP page (Advance Parole) says that having the "AP before leaving US" requirement does not apply to people maintaining H1B status. From what I understand, since my employer has applied for H1B extension, I'm still in H1B status even though my H1B sticker has expired. Does that still make me need the AP before I travel to England? 

you will be in a parolee status if you enter on advance parole.

Edited February 13, 2020 by Donald120383

[justmarriedusciti 7]

12 minutes ago, Boiler said:

If you have a valid H1b visa you can use that to re enter, may have advantages.

Just to reiterate, my H1B expired 2 months ago but my employer had applied for its extension almost a year ago. We still haven't received a decision on the extension petition. I'm still on H1B status "technically" but my visa on the passport is expired, if that makes sense. 

[Boiler 46,198]

That was my assumption from your original post, if you want a H1b visa then you would have to reapply at the Consulate.

[igoyougoduke 1,676]

13 hours ago, justmarriedusciti said:

Just to reiterate, my H1B expired 2 months ago but my employer had applied for its extension almost a year ago. We still haven't received a decision on the extension petition. I'm still on H1B status "technically" but my visa on the passport is expired, if that makes sense. 

Why dont you file for premium processing if you want to maintain H1b status ?