Northwest-AL

Hello All,

I'm new to this forum and before I jump into the questions I would like to give you a quick intro.

I'm currently in the US on an L1 visa (and have been for the past 3 years), and have recently got married to a US citizen (she is the love of my life), and now I would like to change my status to a LPR.

I have been reading posts on this forum for the past coupe of months and I have learnt a lot, but it is about time to get off my backside and start filling in forms

My questions is how is my current employment effected by filing for AOS? is my L1 visa still valid after I file? and if I request a work permit using I-765 does that make my L1 redundant?

Also my L1 runs out in April '10, will I get a response back on my work permit before my green card? or do they come at the same time?

I hope someone has some wise words

Al

ian-mstm

It isn't.


Yes.


No. However, once/if you use the EAD (which is the result of filing I-765) your L1 will become invalid. Because of that, your L1 will also no longer be valid for travel and you will need to use A/P to travel (the result of filing I-131 concurrently).


Yes. You will receive a notice to appear for biometrics, after which the EAD will be issued - usually about 60-90 days after filing. It may take 8-10 months or more before the GC interview. However, once you have the EAD you can change jobs if you want. If you don't want to use the EAD, your L1 will continue to be valid.

Travel is a bit trickier once you've filed for AOS, so don't travel outside the US without A/P even if your L1 is still otherwise valid.

Ian

Rete

Welcome to the oft times confusing world of US immigration and to the BE forums.

You are one of the lucky ones. You do have to know that. You are already working in the US with an L1 and have a US Social Security Number/Card and already married to the love of your life who is a Yank. All you have to do is complete and fill out some paperwork, gather up your evidence of a bona fide marriage and file.

Filing for adjustment of status will not cancel your L1 visa and/or status as long as you continue working for the same employer. You may as well complete the form I-765 which is part of the AOS package for the employment authorization document since the fee is included in the fee for the filing of the I-485. Also included is the fee for the advance parole which allows you to leave the US and return while the petition is pending so that you don't appear to be abandoning your pending status. Again this is probably not needed by you since you are in a valid L1 status but what the heck you are paying for it so may as well get it.

You will need forms I-485, G-325A (Bio sheet for yourself), I-864 (Affidavit of Support from your spouse), I-693 Medical form completed by a civil physician, I-765 Employment Authorization Form, I-131 Advance Parole Form, and an I-130 Immediate Relative Form completed by your wife for you and long with another G-325A for yourself for this form and a G-325A for your wife.

The instructions will tell you what supporting documentation you will need.

I know you will have tonnes of questions so d/l the forms, read through them, and ask away.

meauxna

Hi, please hop up to the wiki and find the AOS/Adjustment of Status entry which will guide you to the right sections of uscis.gov for forms and processes.

L and H-1B visa holders are allowed to keep their status during AOS (see: dual intent) so as long as you maintain your L visa terms (same employer etc) you don't need to do anything special to keep working.
However, DO apply for the EAD (employment authorization document) and the travel document AP... you never know these days when, er, things might change with employment. (we just had someone in the same position post)
Those 2 documents are temporary, to cover you *until* you get your Green Card/LPR status. Once granted, you don't need the temporary docs, the Green Card/LPR has work + travel permission "included".

Your wife needs to complete the I-130 and I-864 for you. Because you are in legal employment in the US, your income can be included with hers if necessary, to complete I-864 Affidavit of Support.

Good luck, go have a read of the process and forms and we'll see you around here for specific questions.