I know the fact that a lot of people using AP and continue to work without EAD. However, when I read question 4 in Cronin memo, I have confused by the answer itself.
The answer includes two parts:
A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization ...is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)."
I understand it as if you get AP approval before you leave the contry, entering into USA with AP would not terminate the nonimmigrant employment authorization (H1B).
However, the second part:
The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule.
I understand it that only you have an unexpired H1/L1, and haven't left and returned under advance parole, the service center will not consider not applying EAD an unauhorized employment. Doesn't it mean if you have traveled with AP, not working with EAD is an unauthorized employment?
Anyone can calirify this too me?
thanks