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IMMIGRATION FEBRUARY 25, 2022 | The Indian Eye 43

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No, a spouse’s utilization of Even if one can avail of the auto ex- Q. Does my obtaining AP and re- turn under AP, you will have to con-
EAD/AP should not jeopardize the tension of an EAD, there is no guar- turning in H-1B status under the Cro- tinue to rely on the EAD even if the
principal’s maintenance of H-1B antee that the new EAD will be is- nin Memo interfere with my ability to validity period of the H-1B petition
status. sued within the 180 days of the auto interfile my I-145 with a previously has not expired.
extension. Moreover, there is no approved I-140 under EB-2?
Q: If I have a pending adjustment auto extension when renewing AP. No.
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application and have received EAD/ Maintaining H-1 or L-1 status (This blog is for informational pur-
AP can I continue to get H-1B or L-1 ensures your ability to continue to Q. I stopped maintaining H-1B poses and should not be viewed as a
extensions? work uninterrupted. If an H-1B ex- status as I found it easier to use EAD substitute for legal advice).
Yes. H and L visas are “dual in- tension is filed with the same employ- when porting to new employers Does
tent” visas, which allow one to main- er before your current H-1B status the Cronin memo still apply when I
tain the underlying nonimmigrant expires, you are granted an automatic travel and return on AP? *Kaitlyn Box graduated with a
Login|Register with your eMail then
status even while an adjustment ap- 240 day extension during which you The Cronin Memo will not ap- JD from Penn State Law in 2020,
plication is pending. can remain in the United States and ply under your circumstances as you and is an Associate at Cyrus D.
continue working, even though the left the US after you stopped main-
Q: If I have received my EAD/AP H-1B extension is not yet approved. taining H-1B status. When you re- Mehta & Partners PLLC.
card, do I even need to maintain H or _________________________________________________________________________________________________________
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L status anymore? Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
Even if you have received your
EAD/AP, it is still a good idea to Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
maintain your nonimmigrant status mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
for several reasons. If for any rea- Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
son your adjustment application is of Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the
denied, having an underlying non- Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
immigrant status could provide you Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
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with a safety net.
Because EAD cards have a on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
limited validity, they have to be Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
frequently renewed, and there is and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
no assurance that a renewal will immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among
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get approved before the current the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
card expires, particularly in light of in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.
COVID-related USCIS backlogs.

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