The law in this area is rather complex, and somewhat contradictory. If a person enters the U.S. on Advance Parole, s/he no longer holds H-1 or L-1 status. However, under Legacy INS memos and USCIS interpretations, if the foreign national enters on AP, and works without an EAD, it is not regarded as unauthorized employment, if the H-1 or L-1 authorization for employment would not have expired, had the individual not traveled on AP. Additionally, if the individual returns to work for the H-1/L-1 employer after AP travel, s/he can resume the H-1/L-1 status if the employer files a request for extension of that status. The approval of the extension will terminate the grant of parole and return the foreign national to the nonimmigrant status.
Because the ability to work after AP travel is based on memos, rather than law or regulation, and because of the language used in the memos, it is safer for a person who has entered on AP to obtain the EAD, in order to have a clearly valid authorization for employment. For more on this topic, see our March 21, 2008 Bulletin article, Effect of Travel while in H-1/L-1 Status and Pending I-485.