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IMMIGRATION FEBRUARY 25, 2022 | The Indian Eye 42
Maintenance of H-1B/L-1
Status after Travelling Back On
Advance Parole:
ExECUTIVE LEGERDEMAIN
UNDER THE CRONIN MEMO
BY CYRUS D. MEHTA AND maintaining H-1B or L sta- adjustment applications, We address below a few mediately.
KAITLYN BOx* tus can also apply for an many applying for EAD of the most frequent EAD/ With many U.S. con-
employment authorization and AP at the same time. AP questions, interpreting sulates still operating on a
ince H-1B and L visa document (EAD) and ad- Despite serious processing the guidance contained in limited basis due to the pan-
nonimmigrant status vance parole (AP) while an backlogs at USCIS as a re- the Cronin Memo. demic, this strategy can be
Sallows for dual intent, I-485 application is pending. sult of the pandemic and its helpful for individuals who
the filing of an I-485 adjust- When the EB-3 India inability to approve I-485 Q: If I travel on advance have AP and wish to travel,
ment of status application Dates for Filing (DFF) ad- applications even when the parole, will it impact my H-1B but still want to maintain H
does not conflict with the vanced rapidly in the Octo- Final Action Dates (FAD) status? or L status.
maintenance of those non- ber 2020 Visa Bulletin, thou- became current in subse- The Cronin Memo
immigrant statuses. One sands of individuals filed quent visa bulletins, many states that: “an alien who Q: Does this answer still
applicants have now re- was an H-1 or L-1 nonimmi- apply if I have L-1 status?
ceived their EAD/AP grant, but who was paroled Yes, the guidance pro-
cards. Though a grant pursuant to a grant of ad- vided in the Cronin Memo
of EAD/AP provides vance parole, may apply for also applies to L-1 nonim-
individuals enhanced an extension of H-1 or L-1 migrants.
freedom to work and status, if there is a valid and
travel, it can also give approved petition. If the Q: Can I travel on ad-
rise to many questions, Service approves the alien’s vance parole and be paroled
particularly for individ- application for an extension back into the United States in
uals who are maintain- of nonimmigrant status, the O-1 status?
ing H or L status. decision granting such an No. The Cronin Memo
extension will have the ef- applies only to those who
helpful guidance fect of terminating the grant were in H-1B and L-1 status
of parole and admitting the prior to departing the US on
on these issues alien in the relevant nonim- advance parolee.
can be found in the migrant classification.” Q: Can my spouse travel
Although the Cronin
so-called “cronin memo contemplates an in- on an EAD and be paroled
Memo”, a legacy Ins dividual being paroled back back into the United States in
into the United States to H-4 status?
Memo from Michael apply for an H-1 or L-1 ex- Although the Cronin
d. cronin, dated May tension, an individual who Memo does not explicitly
m of is the beneficiary of a val- speak to this issue, it can be
CYRUS D. MEHTA & PARTNERS PLLC 25, 2000 that allows id H-1 or L-1 petition and argued that since the prin-
those in h-1B and maintained that status prior cipal spouse can maintain
to departure should imme- H-1B status even though
l-1 status to travel diately be considered to be admitted under advance pa-
under aP and not maintaining H or L status role, the dependent spouse
after returning to the US on can also be paroled into the
lose their ability to advance parole without the United States in H-4 status.
return and resume need to reapply or apply for
an extension. Individuals in Q: If my spouse works on
working in h-1B or this situation should not an EAD, or travels on AP, will
2 6th Floor l-1 status. need to obtain an EAD, and it harm my own H-1B status?
should be able to work im- Continued at next page... >>
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