Mungo5

Hi all,

I've had a trawl through this forum and the internet and can't find a definitive answer, so I'm hoping someone who know's or has been through the process can help.

The Background
I'm living in the US, about a year into an L1A work visa - I'm thinking of applying for a green card.

The Questions:

1. I understand I need to file and I-140 sponsored by my employer: And of course an I-485. Is the I-485 just that single form, or all the others that are in the I-485 packet?

2. As I'm here and sponsored by an employer do I need to apply for the I-765 work permit as well? I mean after I get the green card?

Thanks in advance.

Mungs.

Noorah101

I can only answer this part, which is that once you have the green card in hand, you no longer need the EAD (work permit). The EAD is what tides you over while you're waiting for your green card to process, and allows you to work for any employer you wish (not just the one who is sponsoring you).

Rene

meauxna

Your company has to generate and start the I-140.

The I-485 includes the host of other docs and attachments that go with it (search under 'adjustment of status').

The I-765 & I-131 (EAD and Advance Parole) are needed IF/WHEN you decide to not work for your L-1 employer. Do not use either unless you're willing to let go of your L-1 status (but have them in case the employer makes the decision for you).

Once you have the 'green card' (are a Permanent Resident), you do not use an EAD; the work and travel permissions are 'built in' to the Green Card.

Mungo5

Ahh that makes sense. So my L1 keeps me in work with my current employer, and as I've got 2 years to run on that I don't need an EAD while the GC is being processed?

I presume once I've got the GC Im free to change jobs if need be?

Noorah101

That's correct.

Mungo5

Cool, so in that case the I-485 should just be:

I-485 itself
I-134 for the wife
copy, Birth/Marriage certs
copy, I-94
Photos
Employers Letter
I-693 medical


Ooh, one other thing, the medical, do I need to get that done before hand or wait for USCIS to tell me.

VMTIA.

Mungs

Noorah101

Well the AOS fee ($1,010) includes the I-131 for AP (travel document) and I-765 for EAD (employment authorization). You might as well apply for and receive the documents. If you happen to get laid off or something, you'll need those.

The medical needs to be done by a USCIS approved doctor, and the sealed results should be included in the AOS package.

Rene

Mungo5

I thought they required a separate filing fee? $340 for the I-765 and $305 for the I-131, no?

Mungo5

nope - my fault. RTFM

Special Instructions :

If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

Noorah101

Yep, same goes for the I-131.

lisa67

I presume once I've got the GC Im free to change jobs if need be?[/QUOTE]

Unless your employer is "smart" and puts it into your contract that you have to remain with them for X months after you receive your green card

meauxna

That's per-person, right? You said wife.. I'm not exactly sure how an employment-based adjustment differs from a family one this way.

JAJ

Regarding EAD with L-1, it does allow one to change jobs, but such a job change might cause problems for the Green Card approval.

Is it correct that L-2 children can apply for an EAD based on an I-485? If so, do they then need to use Advance Parole?

The real benefit of an EAD attached to a GC application is that it allows continuance of employment after the L status has expired (although it may still be an option to renew status+visa as normal). Or as an "insurance policy" which may give options if job disappears before GC is granted.

Mungo5

Yes, I believe that that Affidavit of support I-134 is used where your spouse is 'processed' on the same GC application. Of course she need a complete 485 package of her own, but my I-134 supports her.

I could be wrong though, I'm working this out as we speak.

JAJ

It may be considered inadvisable to change jobs (unless you are made redundant) etc for up to a year after getting the GC. Doing otherwise may indicate that there was no genuine intention to work in the position on a permanent basis.