Reenter using AP and continue working on H1


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Hello folks,

I have a valid EAD/AP until 2017 and an approved H1 visa petition until 2018.


I will be travelling overseas and would like to re-enter using AP, given the time constraint in obtaining an H1 visa stamp. I will continue working for the same H1 employer upon return.


I came across an USCIS memo (Cronin memo) that states that it is OK for I-485 applicants to reenter using an AP  and continue working for the same H1 employer until the validity period mentioned on the H1 approval petition without the need for an EAD. Such employment is not considered any violation.


My question:

Is this ruling and memo still valid since it dates back to May 2000. Has there been any subsequent changes to the ruling?


Thank you!!!



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