postbox134

Hi all,

About a month ago my companies' lawyers submitted my i485, i765, i131 package based on my approved I-140 EB-3 ROW (my PD is current for filing, but not final action yet). I've already done my biometrics and am simply waiting for my EAD/AP and for the Visa Bulletin to progress.

However, I am travelling back home in a couple of weeks. This is fine because I still have valid L1 status and a valid L1 Visa Stamp, so my application will continue just fine while I travel. Talking to the lawyers and my own research it seems likely (certain?) that the I-131 will be denied when I leave the US, due to the fact that I will leave before it was processed. That all makes sense to me, I can just reapply when I return to the US. My L1 status runs out in August 2024, so I'd like to get AP eventually so I am not stuck in the US after that time if my case is still pending (which looks likely)

However, the lawyers mentioned it's a $1000 out of pocket cost for them to withdraw the first application and re-submit the I-131. I can't find any other cases online where someone has to pay so much to resubmit, they all mention it's basically free to try again. That seems extortionate to me for a simple form with no application fee due to my pending I-485. In fact, I have the completed application in a PDF from them.

Therefore, my question is: can I just submit the I-131 myself without the lawyers (or maybe my own attorney)? Or must they do it because they submitted the G-28 form entering as the attorneys for this application?

Any insight is much appreciated.

S Folinsky

What is a form I-313? Just curious.

SanDiegogirl

Could it be an I-131 he's talking about.....

https://www.uscis.gov/i-131

postbox134

Whoops sorry, I meant I-131 Application for Travel Document https://www.uscis.gov/i-131

newacct

You should be able to file the I-131 by yourself if you have the I-485 receipt.

postbox134

Yep I do, I will ask an independent lawyer to take a look. Slightly worried that the company lawyers will get upset about it, as it's still < 6 months since I filed.

Connor1518

to the OP, can I ask how you got on with this? I am pretty much in an identical spot, pending GC and AP, travelled back to the UK on the L1 and learnt post vist that this most likely leads to a denial of the I-131.

I also asked my lawyers and they quoted the exact same $1000 cost. I dont believe there is ever a "free" submission, my take is it costs the USCIS fee, which is $575 and your lawyers are making a tidy sum resubmitting one form they already have a copy of.

Like you, I have that copy so I dont see why I wouldnt resubmit it myself, my only doubt was whether I still list the lawyers on the form as that requires an accompanying G-28 form.

I'm also worried that a resubmision resets the clock on the I-131? 6 months to deny, another 6 months to check the re-submission?

If there is anything more you have learnt about the I-131 process, I'd be grateful, thank you!

newacct

There is no fee.

See the I-485 page, under Special Instructions:
And I-131 instructions, page 14:

postbox134

Hi Connor,

So in the end I called out the lawyers for it (maybe we have the same firm, something that rhymes with beacons) and said $1000 for a straightforward form is outrageous. They then said they understand and there's nothing stopping you filling in the form myself if I choose to.

So the day after I returned from London (about 2 weeks ago now) I mailed the following into USCIS:

• A cover letter explaining this was a replacement application for receipt number x related to i485 y.
• The completed I-131
• A copy of my i485 to prove fees were paid
• My latest i94
• Copy of my passport photo page
• Two new 2"x2" photos

About a week later I got a new case number. The old one still shows "finger prints have been taken", the new one "we received your application and issued a receipt notice". I have not yet got that notice (about 12 days later).

I have basically committed now to resubmitting this damn form everytime I travel outside the US, which isn't that often. I dread to think what people who travel regularly would do. I expect to travel twice more this year during which I'll recapture some more L1 time (I'm nearly at 5 years)

In my i485 application I have not yet even got an EAD, but my priority date will be current in February so I am half expecting to get a greencard before either AP/EAD.

​

Connor1518

thank you for that, info that helps a lot, so definitely a $1000 for literally 1hrs work, I'm in the wrong business.

Connor1518

Thanks a lot for the response and the info, super helpful, not the same lawyers (mine rhymes with abdomen) but it sounds like they all went to the same lawyers accountancy school.

I'm kind of in the same boat, GC went in last June so it might be that I get a response before even getting to the AP, but I think for peace of mind, I'll follow your lead and resend the I-131.

Can I ask if you changed anything significant on the form from the original submitted by your lawyers, looking in particular at Part 9 "Information about the person who prepared this application".

My initial form has all the lawyers contact details in that section since they subbed it, which I assumed yours did too, so I am wondering if you just wiped this and left it blank on the resub?

postbox134

Yeah I just changed the "expected travel date" and left that blank. I downloaded the latest from the uscis website and filed it in referencing the one the lawyers did.

You're ahead of me in the timeline, I only submitted in November.

Good luck!

Connor1518

thanks and best of luck to you as well!

tht

I had one pending while I was on an L1a… tracked every week or 2, was never canceled.. not sure why you think yours will be?

“NOTE: Generally, if you are in the United States and have applied for adjustment of status to that of a lawful
permanent resident, your application will be deemed abandoned if you leave the United States without first obtaining
an Advance Parole Document. Your application for adjustment of status generally will not be deemed abandoned,
even if you do not apply for an Advance Parole Document before traveling abroad while an adjustment application is
pending, if you currently are in one of the following nonimmigrant classifications, and remain eligible for and would
be admissible in one of the following categories upon applying for admission at a port-of-entry:
a. An H-1 temporary worker, or H-4 spouse or child of an H-1;
b. An L-1 intracompany transferee, or L-2 spouse or child of an L-1;
c. A K-3 spouse, or K-4 child of a U.S. citizen; or
d. A V-1 spouse, or V-2/V-3 child of a lawful permanent resident.

https://www.uscis.gov/sites/default/...i-131instr.pdf

postbox134

I am not sure of the exact reference in USCIS, but it seems to be a longstanding policy. I checked back the documentation from the lawyers and they specify it is 'likely to be denied' if you travel while pending.

Edit, I actually found a reference in the USCIS policy manual:

Nothing about H1/L1 status.

https://www.uscis.gov/sites/default/...4-external.pdf

The consensus online is the same but that you can re-file I-131 for free (as noted in this thread) so it doesn't really matter - but to Connor's point that we have no idea if that impacts the processing time. I should note my original application is still 'case was updated to show fingerprints were taken' and my new issued a letter that they reusing those fingerprints.

I really don't understand why they would deny I-131 for travel when L1/H1, it just creates more cases for them (exponentially, if you travelled regularly) - the primary benefit of these visas is travel while AoS is pending (unlike O1, TN etc.)

My situation is that my L1 will run out of recaptured time in November, and I can't ensure that my AoS will be completed by then. Therefore, I'd really like AP to ensure I can still travel beyond November - it really sucked to be stuck in the US during COVID and I don't want that situation again.