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INS ISSUES FURTHER GUIDANCE ON TRAVEL FOR H-1 AND L-1 NONIMMIGRANTS WITH PENDING GREEN CARD APPLICATIONS
Last year, the INS issued an interim rule eliminating the advance parole requirement for H-1 and L-1 visa holders with pending applications for adjustment of status.  This past week, the agency issued a memorandum providing answers to some of the most frequently asked questions about the new rule.  
The memo explains that while a person who has an employment authorization document (EAD) through the adjustment application can work in the “open market” via the EAD is the applicant demonstrates an intent to continue to work for the petitioning employer while the adjustment application is pending. 
The memo also clarifies that simply because the adjustment applicant receives an employment authorization document does not create a violation of their H or L nonimmigrant status.  However, it is a status violation if the applicant uses the employment authorization to leave their H-1 or L-1 employer then work for an employer other that the one that petitioned for the H or L visa. 
When a person in H or L status travels out of the US and reenters on advance parole, they are considered to have lost their nonimmigrant status and become parolees.  When this happens, they must obtain an employment authorization document to be employed by any US employer.  However, the employer who originally petitioned for the nonimmigrant visa can apply for another H or L visa that will be granted even though there is a pending application for adjustment.  Also, in some cases if an H or L nonimmigrant was improperly admitted on advance parole, the admission can be corrected, putting them back in proper nonimmigrant status.  In cases where the H or L nonimmigrant violated their status, such as by working for an unauthorized employer, or doing work that was not part of the nonimmigrant petition, they have violated their status and must be paroled back into the US – they cannot take advantage of the rule allowing them to reenter on the nonimmigrant visa. 
The INS also indicated that the person seeking entry can chose how to enter, either in H or L status or in parole status.